SHOWPLACE ICON EXTRAS - TERMS AND CONDITIONS
SHOWPLACE ICON EXTRAS - TERMS AND CONDITIONS
Effective Date: December 8, 2019
If you have received an invitation to enroll in the ShowPlace ICON Extras Plus Program, these are the applicable terms and conditions.
These Terms and Conditions govern use of the Atomtickets.com website as it relates to the ShowPlace ICON Extras and Extras Plus programs (the “Atom Website”), the ShowPlace ICON website (the “ShowPlace ICON website”), the Atom Tickets mobile application as it relates to the ShowPlace ICON Extras and Extras Plus programs (the “Atom App”) and the ShowPlace ICON mobile app (the “ShowPlace ICON mobile app”), the ShowPlace ICON Extras program, and the ShowPlace ICON Extras Plus program. The Atom Website, the ShowPlace ICON website and mobile app, and the Atom App (together, the “Site”) is an online store where you can participate in the ShowPlace ICON Extras program, the ShowPlace ICON Extras Plus program and purchase movie tickets and gift cards (“ShowPlace ICON,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below.
The ShowPlace ICON Extras Plus program (“Extras Plus”) is operated by ShowPlace ICON. When you enroll in Extras Plus you will receive a monthly credit redeemable for one (1) regular 2D movie ticket at participating ShowPlace ICON theatres (and except in certain ShowPlace ICON theatres where an upcharge may be added) and will be able to access members-only pricing on tickets and concessions. ShowPlace ICON Extras accounts are neither automatically enrolled nor required to be enrolled in the Extras Plus program—you will be enrolled only if you elect to do so.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SHOWPLACE ICON WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Please read the following information carefully before using the Site or Extras. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. ShowPlace ICON reserves the right, in its sole discretion, to modify, alter, or otherwise update this agreement at any time. By clicking “I agree” when using Extras, or the Extras webpage at ShowPlace ICON.com or the Extras page in the ShowPlace ICON mobile app (together, “Extras Page”), after any changes to these Terms and Extras have been posted, you accept those changes.
Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify Atom Tickets Customer Service to terminate your account.
2. PARTICIPATION IN EXTRAS
2.1 Participation: Enrollment, membership, and all related benefits of Extras are offered at our discretion.
ShowPlace ICON reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the Extras program without notice in accordance with these Terms and Conditions.
You may not sell, exchange, charge or otherwise dispose of any Member benefits except in accordance with these Terms and Conditions.
2.2 Enrollment: To enroll you must meet the terms for participation established by ShowPlace ICON. Once your enrollment is processed and accepted by us, we will establish an account in your name (“Account”) and assign you a Member identification number (“User ID”). Access to your Extras Account is through the ShowPlace ICON website or mobile app. There is no fee to enroll in Extras. Enrollment is limited to one Account per Member per email address.
NOTE: THERE IS A FEE TO ENROLL IN EXTRAS PLUS. You need not enroll in Extras Plus in order to use Extras. The Extras Plus program is separate and apart from Extras and is subject to additional Terms and Conditions, as set forth in Section 4 below.
2.3 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to Extras, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding rewards have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your rewards earned through Extras may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of rewards that are subsequently deducted from your Account.
2.4 Redemption of Rewards: Rewards will be removed from membership loyalty once the reward is used. To redeem the Rewards, you must log in to your Account in the ShowPlace ICON mobile app or kiosk. On the Extras Page in the ShowPlace ICON mobile app or kiosk, available Rewards will appear in the “Your Rewards.” Your reward will automatically be applied to the transaction when you click “Redeem.” Once you have redeemed your reward, you must follow any additional instructions appearing on the Rewards page in order to receive your Reward.
2.5 Discontinuation; Suspension; Account Closure: To be considered active, a Member must have scanned his/her User ID or earned a Reward within the preceding twelve months. We may, in our sole discretion, at any time and without prior notice:
(i) Discontinue transmitting all or any part of the Content (as defined below) related to Extras;
(ii) Change, discontinue or limit access to Extras or any functionality, feature or other component of Extras; or
(iii) Suspend or terminate your use of or access to Extras or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time by notifying ShowPlace ICON <[email protected]>. Upon closure, any rights to redeem rewards from that Account are lost.
2.6 Termination, Changes, and Breach: We may change any aspect of Extras, including issuing and redemption procedures or any Rewards in any respect, all without notice. For example, but without limitation, we may add, delete or change participating ShowPlace ICON locations, time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If:
- no transactions are recorded in your Account for twenty-four (24) months;
- you commit fraud;
- you misrepresent any information;
- you violate any Terms and Conditions;
- you abuse your Extras privileges; or
- you act in any other way to the detriment of us, our participating ShowPlace ICON locations, or Extras,
we may, without affecting our other rights, terminate your enrollment and/or cancel your rewards and disclose only appropriate information requested by proper authorities. If rewards expire or are cancelled for any reason, they become void without compensation.
3. USE OF THE SITE, EXTRAS, AND EXTRAS PLUS
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN EXTRAS ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. SHOWPLACE ICON AND ATOM TICKETS DO NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR EXTRAS GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHOWPLACE ICON WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR EXTRAS. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN EXTRAS IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, SHOWPLACE ICON AND ATOM TICKETS CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
NO EXTRAS REWARDS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S EXTRAS ACCOUNT. REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING SHOWPLACE ICON LOCATION. Transactions upon which Rewards are earned or redeemed are subject to all applicable legal rules and the terms and conditions set by the participating ShowPlace ICON locations, the Site, and third-party websites accessed by a link in the Extras Page.
SHOWPLACE ICON AND ATOM TICKETS CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR EXTRAS.
3.2 No Warranty: THE SITE AND EXTRAS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHOWPLACE ICON AND ATOM TICKETS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, EXTRAS, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. SHOWPLACE ICON AND ATOM TICKETS ASSUME NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR EXTRAS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SHOWPLACE ICON AND ATOM TICKETS SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR EXTRAS ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF SHOWPLACE ICON.
3.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL SHOWPLACE ICON OR ATOM TICKETS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) EXTRAS OR YOUR PARTICIPATION IN EXTRAS; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING EXTRAS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT EXTRAS MADE BY A PARTICIPATING SHOWPLACE ICON LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING SHOWPLACE ICON LOCATIONS; OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
3.4 Indemnification: You agree to indemnify and hold ShowPlace ICON and Atom Tickets harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs. ShowPlace ICON and Atom Tickets reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by ShowPlace ICON or Atom Tickets in the defense of any claim. You shall not in any event settle any claim without the written consent of ShowPlace ICON and/or Atom Tickets (as applicable).
3.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Site, Extras or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to ShowPlace ICON (collectively, "Content") by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, Extras or any of the software applications used by you in connection with your use of the Site or Extras;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or Extras;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site or into Extras any virus or other code or routine intended to disrupt the Site or Extras, alter or delete its Content, access confidential Content on the Site or Extras, retrieve or record information about the Site or its users, or interfere with the operation of the Site or Extras, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site or Extras with another program or create derivative works based on the Site or Extras;
(vii) Post any material in any form whatsoever on the Site or within Extras that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or Extras to others;
(viii) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or Extras, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Extras; or
(ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or Extras. Except as expressly provided herein, ShowPlace ICON and Atom Tickets reserve all rights with respect to the Site and Extras, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the Site and with Extras and acknowledge that the Site, Extras and all rights therein and goodwill pertaining thereto belong exclusively to ShowPlace ICON and Atom Tickets. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in Extras or thereafter:
(i) Attack the title or any rights of ShowPlace ICON and Atom Tickets in or to their respective copyrights, trademark, and other intellectual property in the Site or Extras;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or Extras;
(iii) Claim (adversely to ShowPlace ICON, Atom Tickets, or anyone claiming rights through ShowPlace ICON or Atom Tickets) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or Extras;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or Extras or bring the Site or Extras into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of ShowPlace ICON’s trademarks or any mark which is, in ShowPlace ICON’s reasonable opinion, the same as or confusingly similar to any of ShowPlace ICON’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in ShowPlace ICON’s reasonable opinion, the same as, confusingly similar to or incorporates any of the ShowPlace ICON’s trademarks.
Nothing on the Site or the Extras Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the Extras Page. Unless otherwise specified, the Site and the Extras Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the Extras Page for your personal use only. Copying or downloading material from the Site or the Extras Page does not transfer title to any material on the Site or the Extras Page to you. If you copy or download any information or software from the Site or the Extras Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of ShowPlace ICON or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain ShowPlace ICON’s written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
You agree to grant ShowPlace ICON an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the Extras Page by you.
ShowPlace ICON and Atom Tickets reserve all rights to copyright and trademark ownership of their respective material on the Site and will enforce such rights to the full extent of the law.
3.7 Social Media Features: The Site, including the Extras Page, may provide certain social media features that enable you to:
- Link certain content on the Site to certain third-party websites.
- Send emails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
3.9 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site and Extras only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither ShowPlace ICON nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a b password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify ShowPlace ICON as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT SHOWPLACE ICON HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or Extras that would damage, interfere with or unreasonably overload the Site and/or Extras.
3.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, ShowPlace ICON and Atom Tickets reserve all rights, defenses and permissible limitations under the law of your State of residence.
3.11 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to ShowPlace ICON, through Atom Tickets,via Visa, MasterCard, Discover, American Express, and PayPal payment instruments only. At this time, we are not accepting any other method of payment.
If you purchase tickets on the Site, the ShowPlace ICON App or the Atom Website or Atom App with a registered account you can receive a refund for the purchase price of the ticket (excluding any service charge) subject to the applicable Atom Tickets and ShowPlace ICON refund policy using the refund link included in your booking confirmation email. Any ticket purchased using a third-party ticketing service can only be refunded by the ticketing service.
Please refer to the FAQ page at ShowPlace ICON.com for further details regarding the refund procedures.
3.13 Must be At Least 13 Years Old to Use the Site and 18 Years Old to Use Extras and Extras Plus: ShowPlace ICON requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older). If you are at least thirteen (13) years old but not of legal age to enter agreements, you MUST have permission from your parent or guardian. ShowPlace ICON requires that Extras and Extras Plus Members be at least eighteen (18) years of age or older to sign up for Extras and/or Extras Plus. ShowPlace ICON and Atom Tickets make no active effort to collect personal information from individuals under the age of 13. You must ensure that content you provide on any website or social media platform in connection with attempting to earn Extras rewards is acceptable for viewing by users who might not be adults.
3.14 Controlled from the United States: The Site and Extras are controlled from offices within the United States. ShowPlace ICON and Atom Tickets make no representation that content or materials in the Site or Extras are appropriate or available for use in other jurisdictions. Access to the Site, Extras, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or Extras from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF ILLINOIS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE, AS IT PERTAINS TO EXTRA PLUS, AND EXTRAS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF CHICAGO, ILLINOIS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
3.16 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
3.17 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Chicago, Illinois, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to ShowPlace ICON. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to Kerasotes ShowPlace Theatres located at 641 West Lake Street, Suite 305, Chicago, IL 60007 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with Kerasotes ShowPlace Theatres.
4. USE OF EXTRAS PLUS
4.1 Program Overview. Enrollment in the Extras Plus program is based on a monthly membership fee (“Membership Fee”). An active Extras Plus member (“Extras Plus Member”), will receive one credit (“Credit”) per month valid for one regular 2D movie ticket. Additionally, Extras Plus Members will also receive special members-only discounts on concessions at participating theaters.
Extras Plus Members are automatically enrolled in the Extras program. As such, Extras Plus Members are subject to the Terms and Conditions set forth in Sections 2 and 3 above. In addition, the following Terms and Conditions apply. If there is a conflict between any terms in Sections 2 and 3 and this Section 4, the terms of this Section 4 shall control.
Employees of Kerasotes ShowPlace Theatres are not eligible to join the Extras Plus subscription program.
4.2 Enrollment, Renewal, and Cancellation. Purchase is required for enrollment in Extras Plus. Extras Plus Members must be enrolled in Extras (however, enrollment in Extras does not require enrollment in Extras Plus and there is no purchase required for enrollment in Extras). The Membership Fee may vary based on zip code and may or may not include applicable taxes. The Membership Fee and terms of enrollment will not be changed during the course of the membership month. However, ShowPlace ICON reserves the right to change the Membership Fee and terms of enrollment at the time of monthly renewal. If the Membership Fee and terms of enrollment are changed, ShowPlace ICON will send an e-mail notification to Extras Plus Members prior to renewal with instructions for termination of the Extras Plus account (“Extras Plus Account”).
Renewal of the Extras Plus membership is automatic. Atom Tickets will charge the payment instrument on record for the Membership Fee at the end of your membership month. Your membership “month” begins on the date you sign up for ExtrasPlus 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. Unless the Membership Fee has changed, Atom Tickets will not send any e-mail notification prior to charging the payment instrument for a renewal. The exact date for the next monthly billing will be displayed in the profile page of the Extras Plus Account.
The Subscription Member is responsible for keeping the payment instrument information updated on the Extras Plus Account (and, as applicable, the Atom Website and Atom App). If the payment instrument on record cannot be charged, ShowPlace ICON will notify you by e-mail, and you will have 10 days to update the payment instrument, after which the Extras Plus Account will be cancelled and ShowPlace ICON will send an e-mail to the Subscription Member notifying the cancellation of the Extras Plus Account effective as of the date of renewal.
An Extras Plus Account is active and available for use immediately upon receipt of the confirmation email acknowledging creation of an Extras Plus Account. Enrollment is limited to one Extras Plus Account per Extras Plus Member per email address. ShowPlace ICON requires that Extras Plus Members be at least eighteen (18) years of age.
There is no required minimum enrollment period. Extras Plus Members may cancel membership at any time through the profile management page on the Atom Website or Atom App, 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. The cancellation will be effective from the end of the billing cycle following the effective date of cancellation. The Membership Fee cannot be refunded. All unused Credits remaining in the Extras Plus Account expire six (6) months from the end of the final billing cycle.
4.4 Use of Credits. Extras Plus Members will receive one (1) Credit valid for one (1) regular 2D movie ticket during each month of membership. Each Credit may be redeemed for one (1) regular 2D movie ticket. The Credit can be used to book tickets at any participating ShowPlace ICON theatre. Credits may be redeemed only for regular 2D tickets; upcharges will apply for any non-2D or premium format tickets. Credit cannot be applied to Special Event showings.
Unused credits (“Rollover Credits”) rollover into the following month. Rollover Credits continue to rollover and may be used indefinitely in an active Extras Plus Account. If an Extras Plus Account is cancelled, all Rollover Credits expire six (6) months from the end of the final billing cycle.
Credits may not be partially used; the entire Credit is to be used on booking one ticket. Tickets booked with a Credit are non-transferrable. Credits may not be transferred and are only redeemable by the Extras Plus Member who received the Credit in his/her Extras Plus Account.
An Extras Plus Member can use any number of available Credits in a single transaction (up to the maximum number of tickets allowed in an order by Atom Tickets). The number of transactions on an Extras Plus Account is limited to three (3) per day. All tickets purchased after the third transaction will be at the non-discounted price but service fees will be waived for all transactions. There are no limitations on number of transactions for the concessions discount.
If Credits are used to purchase tickets but the Member is unable to make the showtime, we will refund the Credit(s) (not cash value) to the Member’s Extras Plus Account if the Member cancels prior to showtime. The Member is not entitled to receive the cash value of any refunded tickets.
A Credit is not a Gift Card and is not redeemable for cash; it may not be used for any transaction except the booking of one (1) regular 2D movie ticket. Credits cannot be refunded. However, unused tickets booked using the Credit may be exchanged for a new ticket as long as the start time of the original showtime has not passed.
4.5 Member Discount; Purchase Process. Subscription Members will receive a 20% discount towards the purchase of all concessions and in the Lobby Lounge, except on alcoholic beverages, dairy, etc. wherever prohibited by state law.
One companion ticket can be purchased at the then current Membership Fee price plus tax for each transaction in which a Credit is applied (regardless of how many Credits are applied in the transaction). If a Credit is not available to be applied (i.e., after all Credits have been exhausted) a Member may purchase two tickets at the then current Membership Fee price plus tax per transaction.
Members may book tickets on the Atom App and will receive a QR code as with an ordinary purchase. Tickets booked using a Credit or member discount cannot be purchased at a Kiosk. No online fees or service fees are applied to transactions booked through an active Extras Plus Account. ShowPlace ICON reserves the right to require customers to present an alternate form of identification, such as a valid photo ID, while booking a ticket at the box office with their Extras Plus Account, if they cannot present a valid Extras ID.
The Extras Plus member discount cannot be shared and will only be extended to purchases made by the member. Any Extras Plus member that is found to have shared there discount with anyone else will constitute an abuse in benefits resulting in an immediate cancellation of the subscription membership and will not be due a refund for the remaining membership for the current month.
Please refer to the FAQ page at ShowPlaceICON.com and the FAQ page at Atomtickets.com for further details regarding the Extras Plus program.
ShowPlace ICON Corporate Office:
Kerasotes ShowPlace Theatres
641 West Lake Street, Suite 305
Chicago, IL 60007
The following terms and conditions (including that for Extras Plus) are only applicable to those patrons who have received an invitation to enroll in the ShowPlace ICON Extras Plus Program. These terms and conditions will replace the Extras terms and conditions (including that for Extras Plus) detailed above once a patron accepts the invitation to enroll in the ShowPlace ICON Extras Plus Program. Please click here for a schedule of the rollout of the ShowPlace ICON Plus Extras Plus Program to determine when you will be subject to the following terms and conditions.