MEGAPASS PROGRAM - TERMS AND CONDITIONS

Effective Date: April 29, 2019
Updated: November 4, 2019 (to add Gift Subscription information)

By purchasing a Megaplex MegaPass membership, you are entering into this agreement between you, and Larry H. Miller Theatres, Inc. dba Megaplex Theatres (“Megaplex”) (“us,” “we,” “our” or “ours”) and agree to these MegaPass Terms and Conditions (the “MegaPass Terms and Conditions”). Your membership in Megaplex’s MegaPass is also subject to Megaplex’s Terms and Conditions and Megaplex’s Privacy Policy (all as they may be changed from time-to-time), which are incorporated herein by reference. In the event of any conflict between these MegaPass Terms and the Megaplex Terms and Conditions, these MegaPass Terms will control and govern. Please read these MegaPass Terms carefully before purchasing for a MegaPass membership.

By purchasing and using a Megaplex MegaPass membership as described in these MegaPass Terms you are also agreeing to Atom Tickets, LLC’s (“Atom”) Terms of Use and Privacy Policy (as they may each be changed from time to time), which are incorporated herein by reference (Atom and Megaplex collectively referred to herein as “Atom and Megaplex”, “us”, “we”, “our” or “ours”).

Megaplex’s MegaPass program is a continuous service membership with an initial contract period of six months. This contract period begins on the date of purchase. Following the initial six-month contract period, your membership is automatically renewed on a month-to-month basis at the end of the current billing cycle and service continues until cancelled by you or us. Following the initial six-month contract period you may cancel your MegaPass membership at any time via your profile settings in the Atom Tickets mobile application (“MegaPass app”) or on megaplextheatres.com/megapass, or by contacting Guest Services. As long as your cancellation is completed at least one calendar day prior to the start of your next membership month (as defined in Subscription Continuous Service and Recurring Billing below), your cancellation will be effective at the end of your current membership month, as explained below. If your cancellation is made less than one calendar day prior to the start of your next membership month, your cancellation will be effective at the end of your next membership month, as explained below. The credit card or other payment account linked to the payment information you provide to us will be charged a membership fee of $14.95 per month on or after the start of each membership month until cancellation. This membership fee is inclusive of any applicable taxes. There is no refund (prorated/partial or otherwise) if you cancel during a membership month.

PLEASE NOTE THAT we may change these MegaPass Terms and Conditions (add to, delete from, or modify) from time to time, including but not limited to changing or adding MegaPass benefits or eligible locations, adding MegaPass plan tiers, changing membership fees, or ending the MegaPass program. We will make any changes to the MegaPass Terms available on the website and within the MegaPass app.

If you cancel your MegaPass membership and later choose to rejoin, you will start a new six-month contract period. If your membership is canceled before the end of the initial six-month contract period, due to invalid payment method or other cause, Megaplex reserves the right to impose a six-month hold on readmittance to the program.

1. MEGAPLEX’S MEGAPASS BENEFITS.

Megaplex’s MegaPass membership allows Megaplex guests to enjoy benefits associated with their purchase of movie tickets through the MegaPass app and their purchase of eligible concessions items at participating Megaplex Theatres locations for a monthly fee. Members are able to apply their MegaPass ticketing benefits on up to two movie tickets (as defined below) and up to six discounted PlusOne Perk tickets (as defined below) per order, valid at Eligible Theatres (as defined below) for any Regular Movie Showtimes (as defined below). Monthly benefits do not carry forward into the following month regardless of use, and benefits applied towards a Regular Movie Showtime count toward use even if you do not attend the Regular Movie Showtime (unless you cancel in accordance with these MegaPass Terms and the Megaplex Terms and Conditions). Members are able to apply their MegaPass Concessions Benefit (as defined below) on most regularly priced Concessions Items (as defined below), valid at Eligible Theatres (as defined below).

a. Megaplex’s MegaPass program currently offers one available plan:

  • Standard Access: The Standard Access plan allows a member, each month, to reserve up to two tickets for Regular Movie Showtimes in any format (e.g. Standard Format (as defined below), excluding VIP auditoriums and special engagements (as defined below), with the cost of that ticket and any accompanying convenience fee waived. For convenience, from time-to-time we may refer to this benefit, the waiver of cost and fee, as a “ticket” or a “pass” (e.g. “you have one pass remaining” as a way to indicate that you have used one of your benefits and for the pending membership month you only have the right to obtain one more ticket with the cost of that ticket and accompanying fee waived). In addition, the convenience fees (if any) for any other tickets purchased to Regular Movie Showtimes by a Standard Access plan member, as part of the same order or otherwise, are also waived. All Standard Access benefits only apply to orders placed within the MegaPass app and do not apply to orders placed on the Megaplex website or anywhere else.

  • PlusOne Perk Benefit: Under the Standard Access plan and using the MegaPass app, guests may add additional tickets to their order with a $1.00 off discount applied to each regularly priced ticket, up to six PlusOne Perk tickets per order. This discount benefit is not combinable with other discounts, including the $5.00 Tuesday discount. Tickets purchased from the MegaPass app and using the PlusOne Perk benefit will also have the convenience fees waived. PlusOne Perk benefits may only be used on an order to which Standard Access benefits are being applied.

  • Concessions Benefit: Under the Standard Access plan, guests may receive a 15% off discount – applied to all regularly priced Concessions Items (as defined below) purchased at Eligible Theatres (as defined below), excluding Discounted Items (as defined below) and Refillable Containers (as defined below).

PLEASE NOTE: At this time, you may only use and redeem your MegaPass benefits on the MegaPass app and at the concessions stands of Eligible Theatres. MegaPass benefits are subject to availability, have no cash value, have no cash entitlement, are personal to you, are non-transferrable, are not for resale, are non-refundable or redeemable for cash under any circumstances unless required by law, and, for the avoidance of doubt, do not operate or serve as stored value facilities in any way. If not redeemed, MegaPass benefits expire at the end of the month in which they are incurred.

b. Regular Movie Showtimes and Restrictions.

i. Regular Movie Showtimes. Standard Access benefits are applicable to regular movie showtimes of any format or ticket type, including 2D, 3D, IMAX ®, IMAX 3D ®, DOLBY ATMOS, TREMORFX, Luxury, or Dbox Luxury. These are collectively referred to as “Regular Movie Showtimes”.

ii. Restrictions. Please note that Regular Movie Showtimes do not include, and MegaPass benefits for Standard Access do not apply to: (i) VIP auditorium showtimes (ii) virtual reality screenings; (iii) special events including, but not limited to, fan events, private screenings, double features, festivals, and movie marathons; or (iv) non-movie special events including, but not limited to, Fathom events, Metropolitan Opera showings and broadcasts of live events like theater or sporting events. Megaplex reserves the right to selectively exclude other showtimes on a limited basis for the Standard Access plan. Ticket and seat availability for all Regular Movie Showtimes are limited, Megaplex does not guarantee the availability of tickets for any particular Regular Movie Showtime, and inventory and availability is subject to change without notice.

c. Eligible Theatres. At this time, MegaPasss benefits may only be applied to tickets purchased for Regular Movie Showtimes and concessions purchases made at select Eligible Theatres:

  • Cedar Stadium | Cedar City, UT
  • Cottonwood | Holladay, UT
  • The District | South Jordan, UT
  • The Gateway | Salt Lake City, UT
  • Geneva | Vineyard, UT
  • Jordan Commons | Sandy, UT
  • The Junction | Ogden, UT
  • Legacy Crossing | Centerville, UT
  • Pineview | St. George, UT
  • Providence | Providence, UT
  • Stadium 6 | Mesquite, NV
  • Sunset Stadium | St. George, UT
  • Thanksgiving Point | Lehi, UT
  • University | Logan, UT
  • Valley Fair | West Valley City, UT

d. Concessions Items and Restrictions.

i. Concessions Items. Concessions benefits are valid for use on regularly priced concessions items, including popcorn, drinks, MegaMug refills, MegaTub refills, candy, hot dogs, pretzels, churros, ice cream products, ICEEs, nachos, Pizza Hut® products, pickles, salads, sandwiches, wraps, quesadillas, chicken strips, fish strips, promo cups, promo tubs, promo tins, and kids meals.

ii. Restrictions. Please note that Concessions Items do not include, and MegaPass benefits for Standard Access do not apply to: Discounted Items and Refillable Containers.

(a). Discounted Items. Concessions products that are being offered at a lower price than their regular pricing for a limited time or on a specific day of the week are not eligible for an additional discount as provided to Megaplex MegaPass members. This includes, but is not limited to, $5 Tuesday discounted items such as mini popcorns, nachos, and hot dogs, as well as Tuesday discounted Pizza Hut® products.

(b). Refillable Containers. The purchase of the Megaplex Theatres refillable MegaMugs and MegaTubs are not eligible for the Concessions Benefit under the Standard Access plan.

d. Using MegaPass. You can use your MegaPass benefits at any time by booking tickets for any available upcoming Regular Movie Showtime at any Eligible Theater using the MegaPass app and choosing to apply your benefits during checkout. MegaPass purchases and reservations are made under the same terms and conditions as any other non-promotional Megaplex ticket purchase. When you are booking in the MegaPass app, you will have the option during checkout to apply your MegaPass benefits if available and eligible for that transaction. If you have multiple tickets in your order and you choose to apply your available and eligible MegaPass benefits, your benefits will be automatically applied to the highest priced eligible ticket(s).

Megaplex or our partners frequently offer promotions applicable to select movie ticket purchases. PLEASE NOTE that tickets purchased with MegaPass benefits are not eligible for promotions and do not count toward any promotional offer. For example, if you are eligible for a “buy one ticket, get a second ticket for free” promotion, a ticket purchased with MegaPass benefits does not qualify as a “buy one ticket.”

Membership fees and tickets purchased are eligible for MyMegaRewards points. Once your MyMegaRewards phone number has been added to your member profile on the Atom Tickets mobile app, you will earn 50 points per dollar spent on monthly membership fees and additional PlusOne Perk tickets purchased.

QR codes for tickets purchased using your MegaPass benefits will not be available within the MegaPass app until approximately one hour before the showtime and we further reserve the right to use geo-filtering technology to limit the availability of your QR code until you are within a reasonable distance of the theatre for the applicable showtime. If you purchase multiple tickets in a single order (including using PlusOne Perk benefits, if applicable), your QR may only be valid for a one-time scan at the theatre so all ticketholders should enter together.

You can cancel a reservation made using your MegaPass benefits prior to showtime, pursuant to the Atom cancellation policy. As long as you do this in the same membership month that you originally applied your MegaPass benefits, those benefits will be made re-available to you for the remainder of that month. If you cancel your order in a different membership month than the month in which you originally applied your MegaPass benefits, those MegaPass benefits will no longer be available to you. Similarly, if you do not cancel an order prior to showtime, your MegaPass benefits applied to that order are considered used even if you do not go to that showtime. Please be sure cancel any unwanted orders at least 30 minutes prior to showtime.

2. SIGNING UP FOR MEGAPASS, CONTINUOUS SERVICE, RECURRING PAYMENT AND BILLING, AND CANCELLATION.

a. Eligibility. You will need to create an account as part of the process of signing up for MegaPass. MegaPass membership is only available to residents of the United States who are 18 years of age or older. The availability of MegaPass may be limited based upon any other criteria as Megaplex may establish from time-to-time, and Megaplex reserves the right to accept or refuse membership to or to restrict use of MegaPass in its sole discretion.

You understand and agree that MegaPass will only be available at Eligible Theatres as previously enumerated.

You may not transfer or assign your membership in MegaPass or any MegaPass benefits. MegaPass membership is intended for individual use only and is not available to organizations, legal entities or any other groups or businesses. Violation of any of the MegaPass eligibility requirements may result in our immediate cancellation of your membership, at our sole discretion, without prior notice, and without a refund of any kind.

b. Geo-filtering. We may use geo-filtering technology to restrict sign up and/or use of MegaPass. As such, you must enable your device to allow the MegaPass app to have access to your location. However, we will not use any location data for purposes other than those related to your signup and/or use of MegaPass or as otherwise stated in our Privacy Policy.

c. Sign Up. Users can sign up for MegaPass on the MegaPass app or on megaplextheatres.com/megapass. PLEASE NOTE, however, that MegaPass benefits are only available for use and redemption on the MegaPass app.

d. Subscription Continuous Service and Recurring Billing. MegaPass is a continuous service membership program with an initial contract period of six months. This contract period begins on the date of original purchase. At the conclusion of the initial six-month contract period, your membership is automatically renewed on a month-to-month basis at the end of the final billing cycle and service will continue until cancelled by you or us. Following the initial six-month contract period, you may cancel your MegaPass membership at any time via your profile settings in the MegaPass app or on megaplextheatres.com/megapass, or by contacting Megaplex Guest Services. Your membership “month” begins on the date you sign up for MegaPass and continues through until the day before the same calendar day in the following month. For example, if you sign up on October 25, your first month is from October 25 through November 24, your second month is from November 25 through December 24, etc. If you sign up on the 30th or 31st day of a month, your membership month will run through the day before the last day of the following calendar month. For example, if you sign up on October 31, your first month is from October 31 through November 29, your second month is from November 30 through December 30, etc. You will always be able to check the applicable date for your month in your account in the MegaPass app.

Your monthly fee when signing up for MegaPass, which was set forth during sign up and identified above, will be automatically charged/debited to your selected payment method by us pursuant to your automatic payment authorization immediately after you sign up and then on a recurring basis on the first day of each of your membership Months. Please note that even if you do not use your MegaPass benefits or access Megaplex Tickets, you will be responsible for your monthly subscription fees, your subscription will automatically renew each month, and we will automatically charge the monthly fee to your selected payment method until your membership in MegaPass is cancelled or terminated.

We reserve the right to change the timing of our billing.

e. Payment. When you sign up for MegaPass, you can designate any eligible payment method for your automatic monthly subscription charge. At this time, Chase Pay, Apple Pay and gift cards are not eligible payment methods for MegaPass, and we may determine in our sole discretion that other payment methods are not eligible payment methods for MegaPass. By signing up for MegaPass, you hereby authorize Megaplex, via Atom, to initiate charges/debits to the selected payment method provided by you for your subscription and to bill that payment method accordingly and automatically each month. Your selected payment method must allow for recurring payments to be eligible. You are responsible for updating your payment method, including any changes in account numbers or expiration dates, and you can substitute your payment method with another eligible payment method from time to time. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may (in our sole discretion) provide you notice of that failure and an opportunity to provide a new, eligible payment method. During any period that we are not able to successfully settle your monthly charge, your MegaPass benefits will not be available to you and if we are unable to charge your payment method, your MegaPass membership will be cancelled.

f. Cancellation. You may cancel your membership to MegaPass at any time, provided however that if you cancel less than one day before the start of your next month, you will be billed for that next (and last) month. You may cancel by accessing your account in the MegaPass app or on the megaplextheatres.com/megapass website and following the instructions regarding MegaPass cancellation. You can also contact Atom’s customer service team for help cancelling. In addition, your MegaPass membership will be automatically terminated as of the end of the then current Month if you cancel your authorized automatic payment account. There are no partial refunds for MegaPass fees if you cancel your membership, and you will continue to have access to any applicable MegaPass benefits through the end of the last month for which you have paid in full. As noted above, Megaplex reserves the right, if you cancel your MegaPass membership, to charge a reactivation fee and start a new six-month contract period if you wish to re-join MegaPass and/or to not allow you to re-join MegaPass again for a period of up to twelve (12) months after your cancellation becomes effective. We may cancel your MegaPass membership for cause in the event of misuse, fraud or violations of these MegaPass Terms or any other terms incorporated herein by reference as described above.

3. USE OF PERSONAL INFORMATIION FOR MARKETING PURPOSES

By starting a MegaPass membership you do hereby give your consent to Megaplex Theatres to utilize personally identifiable information including Name, Address, Phone number, Email address, Gender, Birth Date, Movie Preferences, and Favorite Movies to supply products and services, and to activate or manage your online or mobile app accounts. Megaplex also reserves the right to utilize your personally identifiable information to communicate current promotions and product launches, alert you to changes on our website or mobile applications, and to provide you with e-mail offers, the latest film releases, entertainment news, and other information on products and services that may be of interest to you.

When you provide personally identifiable information to Megaplex, you agree to: (a) provide accurate, current, and complete information; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Megaplex has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Megaplex reserves the right to terminate any account you establish in connection with your use of the website or mobile applications and refuse all current or future use of the site or any portion thereof.

For more information on how Megaplex collects and utilizes personally identifiable information and how to opt-out of communications from Megaplex, please refer to our Privacy Policy.

4. MEGAPASS GIFT SUBSCRIPTIONS

a. Giving a MegaPass Gift Subscription. A MegaPass subscription of six, nine or twelve months may be gifted and used by another person who is not a current MegaPass subscriber (we reserve the right to otherwise limit who may receive and use a MegaPass gift subscription). To give a MegaPass gift subscription, you must select the subscription period and provide the gift recipient's e-mail address. Upon completion of purchase, the gift recipient will receive an e-mail at the provided e-mail address which will include a code that the gift recipient can use to redeem their gift subscription pursuant to the following Section. PLEASE NOTE that the gift recipient will be required to provide a payment method as part of signing up to use the gift code, although that payment method will not be billed until the end of the selected gift period (and if the gift recipient cancels prior to the end of that gift period, pursuant to these Terms, the payment method will not be billed at all). Please contact Atom's customer service team for any questions about giving a MegaPass gift subscription.

b. Using a MegaPass Gift Subscription. A gift recipient can become a MegaPass member using a gift subscription code (thus becoming a "Gift Subscriber") by inputting the code during sign-up. The Gift Subscriber is required to provide a valid payment method as part of signing up; however, that payment method will not be billed until the end of the gift period associated with the gift code (and if the Gift Subscriber cancels prior to the end of that gift period, pursuant to these Terms, the payment method will not be billed at all). A Gift Subscriber's MegaPass membership is otherwise subject to all the same benefits, terms and conditions described in these Terms.

c. End of MegaPass Gift Subscription Gift Period. Approximately 30 days and 7 days before a gift subscription is set to end, the Gift Subscriber will receive an e-mail reminding them that their gift subscription is ending and that their provided payment will begin being charged on a recurring monthly basis pursuant to these Terms. A Gift Subscriber may cancel their subscription, while retaining their subscription benefits for the gifted period, just as any other MegaPass subscriber pursuant to these Terms. If a Gift Subscriber does not cancel their subscription prior to the end of their gifted period, they will be charged the monthly recurring fee for their subscription tier, pursuant to these MegPass Terms and Conditions, until such time as they cancel their subscription.