These terms and conditions ("Terms") govern the Landmark Theatre Loyalty Program (“LTLP”). LTLP is operated by Silver Cinemas Acquisition Co. dba Landmark Theatres ("Landmark"). By purchasing an LTLP Membership (defined below) or otherwise participating in LTLP, you agree to be bound by these Terms, as amended from time to time. These Terms are in addition to, and do not replace Landmark’s Terms of Use ("Site Terms"), which also apply to your use of Landmark’s website and mobile application. Landmark’s collection and use of information for LTLP is explained in the Privacy Section of these Terms and Landmark’s Privacy Policy.  Landmark reserves the right to change these Terms or any other aspects of LTLP at any time, upon reasonable notice to LTLP Members (defined below) in accordance with these Terms. Please check the LTLP program page at https://www.landmarktheatres.com/loyalty (“Landmark Website”) periodically for changes.  If you violate these Terms, Landmark may terminate your LTLP Membership, bar you from future participation in LTLP, cancel any unredeemed Benefits (defined below) and take appropriate legal action.

Agreement to Arbitrate Claims: Your participation in LTLP is subject to your agreement to resolve all disputes by final and binding arbitration on an individual and not a class-wide or consolidated basis, as more fully detailed in the Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration section of these Terms below. That means that an arbitrator, not a judge or jury, will decide any claim. You have the right to opt-out of arbitration within 30 days of your acceptance of these Terms as described in more detail in the Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration section of these Terms.

TABLE OF CONTENTS

1. LTLP Membership Eligibility

2. LTLP Membership Enrollment

3. LTLP Membership Fees: Refunds

4. Membership Term; Billing

5. Member Levels

6. Redeeming Benefits

7. Vouchers 

8. Loss of Benefits; Cancellation: Termination

9. Privacy

10. General Restrictions

11. Disclaimer of Warranties/Limitation of Liability

12. Participation in Promotions of Advertisers and Partners

13. Notices

14. Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration

15. General

16. Indemnification

17. Modification of these Terms

18. Entire Agreement

1.      LTLP Membership Eligibility

LTLP is open only to legal residents of one of the fifty (50) United States or the District of Columbia who are 18 years of age or older and provides LTLP Members with certain benefits as set forth in more detail in the benefits chart (“Benefits Chart”) attached as Exhibit A and on the Landmark Website (the “Benefits”). Eligible individuals who are at least 18 years old but under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to enroll. No business entities, organizations or groups may register for LTLP or use Benefits. LTLP Membership is valid only at participating Landmark Theatres. You agree to take commercially reasonable precautions to protect any usernames and passwords or other credentials for your LTLP account and you agree you will not sell, transfer or assign your LTLP Membership or any LTLP Membership rights. If you access your LTLP account online, you agree to take commercially reasonable precautions to maintain the confidentiality of your password and restrict access to your computer (or other device, as applicable) so that others may not access your LTLP account.

An individual may not have more than one LTLP account, and you agree not to participate under more than one (1) LTLP account. If you have created more than one (1) LTLP account, please contact your local Landmark theater location, contact Landmark Customer Service at 1-888-7-CINEMA or customerservice@landmarktheatres.com and a representative will assist you in merging your accounts (provided that, if Landmark determines or reasonably suspects that you have created multiple accounts in an attempt to abuse LTLP, Landmark may terminate all accounts as described in Section 8 below). Only one (1) account will retain unused Benefits. Benefits in the surviving LTLP Membership account will remain unaffected, but all unused Benefits in any other accounts merged into the surviving LTLP Membership account will be forfeited. It may take up to seven (7) days to process your request. Permitted account mergers are final and non-reversible upon submission of a merger request. Employees of Silver Cinemas Acquisition Co. (d/b/a Landmark Theatres), as well as members of Employees' immediate family and/or those living in the same household of Employees, are ineligible to participate in the Landmark Loyalty program.

2.      LTLP Membership Enrollment

To enroll in LTLP, you must provide all required enrollment information, including, without limitation, name, date of birth, telephone number, zip code and e-mail address to Landmark by either: 1) submitting the LTLP enrollment form at the Landmark Website or the Landmark mobile application to register online or 2) registering for LTLP at a participating Landmark location. After you complete your registration and we receive your Annual Fee (defined below), if applicable, you will become a member of LTLP (“LTLP Member”). Landmark reserves the right, in its sole discretion, to verify your information at any time.  Landmark reserves the rights, in its sole discretion, and to suspend or terminate your account and your ability to participate in the LTLP for any reason and without notice to you, including, without limitation, if LTLP determines or suspects you of fraudulent activity or non-compliance with any provision of these Terms or the Site terms. As provided in Section 8 of these Terms, such suspension or termination may result in the loss of your Benefits. You are responsible for any loss or inability to use or participate in LTLP (such as an inability to redeem Benefits) arising from your failure to provide and maintain accurate contact information.  

LTLP Members agree to receive messages from Landmark using the contact information provided by that Member, including via email. LTLP Members may also have the opportunity to receive text messages regarding LTLP. Such messages may include system updates, flash bulletins, Member Level (defined below) Benefits offers, Benefit confirmations, administrative announcements, special requests, marketing communications and the like; and may be sent via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of an LTLP Membership account.)

3. LTLP Membership Fees: Refunds                                                                                                                 

Eligible participants may join LTLP for free (“Landmark Loyalty Members” or “Loyalty Members”) or may pay the Annual Fee (defined below) for premium LTLP Membership (“Landmark Loyalty Lovers” or “Loyalty Lovers”) that entitles the Member to additional Benefits as further described in these Terms, the attached Benefits Chart and on the Landmark Website. Annual LTLP Membership fees (“Annual Fees”) are displayed on the Landmark Website and in the Benefits Chart. Landmark reserves the right to change the Annual Fees at any time, provided that such changes will apply only to new and renewal LTLP Memberships commenced on or after the effective date of the fee increase.

LTLP Members may cancel their LTLP Membership at any time as provided under Section 8 of these Terms, however, Annual Fees are non-refundable except as described in the following sentence. Landmark will only refund the Annual Fees for a new or renewal LTLP Membership upon proper cancellation by the LTLP Member (as described in Section 8) within thirty (30) days after the purchase date of the new or renewal LTLP Membership, provided you did not use your LTLP Membership to obtain any Benefits or discounts during the new or renewal LTLP Membership term.

4. Membership Term; Billing

A Loyalty Lovers membership is valid for one (1) year from the date of purchase (“Membership Term”), except as otherwise set forth in these Terms. Each year thereafter that LTLP is in effect, you may renew your Loyalty Lovers membership by paying the then-current Annual Fees prior to expiration of the current Membership Term (A free LTLP membership account will remain valid until cancelled or terminated in accordance with these Terms). A renewal within a current Membership Term extends the existing expiration date of the Membership Term by one (1) year, with the renewal term beginning the day after your current Membership Term ends. Landmark may restrict LTLP members from purchasing more than one (1) renewal per year. LTLP members who do not renew a Loyalty Lovers membership will be automatically transferred to an unpaid membership.

An LTLP Member’s enrollment and participation in LTLP is personal and non-transferable. Benefits may not be purchased, sold, bartered, brokered or otherwise transferred except through purchase of a Loyalty Lovers membership from Landmark in accordance with these Terms, as applicable. LTLP membership accounts and Benefits are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law. Any offers LTLP Members receive are specific to that LTLP Member's membership account, unless otherwise stated, and are non-transferable. An LTLP Member’s membership number cannot be used by anyone other than the LTLP Member, including, without limitation, in order to redeem Benefits, an elevated Member Level or other Benefits. Landmark may limit the number of LTLP Members and may temporarily or permanently discontinue registering new LTLP Memberships at any time and for any reason without notice to you.

5. Member Levels

LTLP Membership is divided into status tiers (each a “Member Level”). Members who participate in the LTLP without choosing to pay the Annual Fee will have the standard Loyalty Member Level. Members who purchase a paid LTLP Membership and pay the Annual Fee will have the Loyalty Lovers Member Level. Details regarding the Member Levels, including the Benefits for each Member Level, are provided on the Landmark Website and in the Benefits Chart and are subject to change at any time. For information about current Member Levels, Benefits, and restrictions, see the Landmark Website. Benefits in connection with the Loyalty Lovers status are available beginning on the day the Annual Fee is paid. Benefits provided to LTLP Members with a particular Member Level status may have additional terms (all as described on the Landmark Website or in other LTLP materials related to such benefit).

6. Redeeming Benefits

To redeem Benefits, you must present information sufficient for Landmark to locate your LTLP Membership account (such as your LTLP Membership number or the name, email address, and/or telephone number associated with your account) at any participating Landmark location (for in-person transactions) or be logged into your LTLP Membership account (for online transactions). Benefits are subject to availability and limitations as may be imposed by Landmark. Each LTLP Member is solely responsible for all federal, state and local taxes and any other costs or expenses of accepting, receiving, and using Benefits, unless Landmark specifically states otherwise in writing.

A list of current Benefits will be available at Landmark locations and on the Landmark Website and as set forth in the Benefits Chart. Landmark may add, remove, or alter Benefits available for redemption in its sole discretion. Landmark reserves the right to limit the number Benefits available at any particular time for either Member Level status.

Benefits may not be available at all theaters and in connection with all Landmark events notwithstanding any errors in advertising to the contrary. In the event of technical failures or difficulties or other reasons, Benefits may not be available during an LTLP Member’s visit to a Landmark Location. LTLP Members are not entitled to any compensation as a result of such technical failures or difficulties.

7. Vouchers 
As one of the available Benefits, LTLP members can earn points for qualifying purchases and transactions (“Points”) that will be converted to vouchers (“Vouchers”) that can be redeemed towards future qualifying purchases at Landmark Theatres, as described in more detail on the Landmark Website and in the Benefits Chart. Vouchers expire ninety days from date of issuance or as otherwise set forth at the time the Voucher is issued. Vouchers are subject to the terms set forth in the Benefits Chart and as provided at the time of issuance and may not be redeemed in connection with (i) any taxes  on purchases or transactions, unless such taxes are included in the posted prices of such items, (ii) purchases of beverages containing any amount of alcohol, (iii) gratuities, or (iv) purchases of a gift certificate, gift card or LTLP Membership. All LTLP Members are eligible to earn Vouchers. Vouchers and Points are not redeemable for cash, gift certificates, gift cards, Aficionados, discount cards or any cash equivalent. Vouchers and Points may not be inherited, bartered, purchased, transferred or sold to any third party. Each Voucher may only be redeemed in a single transaction and any unredeemed amounts in that single transaction will be forfeited.
Points are earned for LTLP Member purchases at Landmark Theatre locations, at landmarktheatres.com and through the Landmark app when recognized and accepted LTLP Member credentials are provided at the time of the qualifying transaction or purchase, and excludes: (i) any taxes paid on purchases or transactions, unless such taxes are included in the posted prices of such items, (ii) purchases of beverages containing any amount of alcohol, (iii) gratuities, (iv) purchases of a LTLP Membership; (v) purchases of Vouchers, gift cards or gift certificates, Aficionados, discount cards; or (vi) purchases or transactions that are cancelled, refunded or reversed. LTLP Members will earn one point for every $1 spent on qualifying purchases and transactions. LTLP Members will be issued a Voucher for every 100 Points earned as described in more detail in the Benefits Chart. Landmark reserves the right to change, modify or update eligible purchases and transactions to earn Points at any time. Landmark may provide additional opportunities to earn Points or receive Vouchers in its sole and absolute discretion, provided that LTLP will have no obligation to offer such additional opportunities to all LTLP Members. Loyalty Lovers members may also be issued Vouchers in their birthday month or as part of other special offers (in Landmark’s sole discretion).
Points are automatically tracked when recognized and accepted LTLP Member credentials are provided at the time of qualifying purchase or transaction as described above. An LTLP Member must provide the telephone number or valid e-mail address associated with their LTLP Membership account or log into their LTLP Membership account before the conclusion of such transaction in order for Points to accrue towards a Voucher (provided that LTLP Members may request retroactive credit for Points on qualifying purchases and transactions within the previous thirty (30) days as described below). In the event that a LTLP Member has a qualifying purchase or transaction that is later reversed or refunded (for example, when returning an advance-purchase movie ticket), corresponding Points will be deducted from the Member’s account within 14 days. Points may only be credited to one (1) LTLP Membership account. However, in its sole discretion, Landmark may permit multiple LTLP Members to associate their LTLP Membership accounts with a single qualifying purchase or transaction; and if it does, Points earned during that transaction will be split evenly among the applicable LTLP Members. Points will be credited to a LTLP account following consummation of the transaction. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. Landmark will not be responsible for, or liable to, any LTLP Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting Points to an LTLP Member's membership account. Vouchers will be issued within 72 hours once the applicable Points threshold has been met. If a LTLP Member’s account has no qualifying purchases or transactions within a twenty-four month period, all Points associated with that account will expire.
If you are a current LTLP Member and did not associate your membership account with a qualifying purchase or transaction made within the past thirty (30) days, you may request Points be retroactively attributed to your LTLP account by visiting a Landmark Theatre location and speaking with a representative. Voucher amounts will be determined based upon the Member Level that is active at the time the qualifying purchase or transaction triggering Voucher issuance is made. For example, if 100 Points is necessary to receive a Voucher, if an LTLP Member has a Loyalty Lovers membership at the time they reach 100 Points, they will receive the Voucher amount available to Loyalty Lovers members, even if some of the LTLP Member’s Points were earned prior to having a Loyalty Lovers membership.
Notwithstanding the foregoing, current Loyalty Lovers members cannot earn Points on purchases made prior to enrolling in the LTLP; you must have been an active paid or unpaid LTLP Member at the time of a transaction to earn Points. You may be required to provide proof of purchase when submitting a request for retroactive Points. All requests for retroactive Points are subject to verification by Landmark.

8. Loss of Benefits; Cancellation: Termination

An LTLP Member may cancel their LTLP Membership at any time, for any reason, by notifying Landmark (1) by contacting Landmark customer service at customerservice@landmarktheatres.com or 1-888-7-CINEMA or (2) by visiting a Landmark Theatre location. In your communication with Landmark, please include your name, Landmark Loyalty account number, and the telephone number and email address associated with your LTLP Membership. If you cancel your LTLP Membership, the Annual Fee is non-refundable except for cancellation as provided under Section 3 of these Terms above.

A Loyalty Lovers membership account will be downgraded to an unpaid Loyalty Members membership if not properly renewed by the LTLP Member according to these Terms. An LTLP Member’s LTLP Membership is terminated immediately in the event of that LTLP Member’s death, and all Benefits are forfeited.

Upon cancellation or termination, the LTLP Member’s active LTLP Membership will immediately cease and that LTLP Member may no longer receive Benefits, unless that LTLP Member re-enrolls in LTLP, which case the LTLP Member will be treated as a new member. Upon cancellation of an LTLP Membership, Landmark may maintain your LTLP Membership account information in accordance with Landmark’s data retention policy and Privacy Policy. After cancellation, Landmark may send you messages from time to time using the contact information provided by you, unless you opt-out of receipt of such communications by modifying your choices on the Landmark Website or following any opt-out instructions that may be provided in the communications. Landmark will not provide any refund for any unredeemed Benefits following cancellation.

Notwithstanding the foregoing, Landmark reserves the right to suspend or terminate, at Landmark’s sole and absolute discretion, any LTLP account if Landmark believes that LTLP Member has abused LTLP privileges, has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to our interests. Abuse or violations that may result in suspension or termination include, but are not limited to: (i) using automated or fraudulent means to participate in the LTLP; (ii) your failure to follow these Terms, the Site Terms, and any other terms and conditions applicable to you in connection with your relationship with Landmark; (iii) the attempted or actual sale or transfer of any of your Benefits or your LTLP account itself; and (iv) making a misrepresentation to Landmark in connection with your participation in the LTLP. LTLP Members understand and agree that termination by Landmark of an LTLP account will result in the immediate forfeiture of all Member Level Benefits and the inability of that LTLP Member to redeem Member Level Benefits. No refunds will be provided to persons whose account is terminated or suspended by Landmark under this paragraph, irrespective of when such account is terminated or suspended. In addition, Landmark reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

If, as a result of acts beyond Landmark’s control, such as strikes, boycotts, war, epidemics/pandemics, acts of God, riots, terrorism, delays of commercial carriers, restraints of public authority, Landmark theaters are closed, LTLP cannot run as planned or Benefits cannot be provided, Landmark reserves the right, in its sole discretion, to cancel, modify or suspend LTLP or LTLP Benefits in which case Landmark may toll Loyalty Lovers Membership Terms or provide a pro rata refund to Loyalty Lovers LTLP Members, as determined in Landmark’s sole discretion.

Landmark reserves the right to terminate LTLP, or any or all Benefits under LTLP, at any time, for any reason, including without limitation, upon sale of Landmark Theatres. In the event Landmark elects to terminate LTLP, Landmark will provide a notice of termination in accordance with these Terms. In the event of such termination, at Landmark’s election, Landmark will either maintain your LTLP Member Benefits until expiration of the current LTLP Membership Term or refund to you a pro-rata portion of the Annual Fees for the remaining portion of your current LTLP Membership Term. If Landmark elects to maintain your LTLP Member Benefits through the remainder of your current LTLP Membership Term, all Member Level Benefits in your LTLP Account that remain unredeemed will be cancelled and forfeited at the conclusion of your existing LTLP Membership Term. If Landmark elects instead to issue a pro-rata refund of your Annual Fees, all Member Level Benefits in your LTLP account that remain unredeemed will be cancelled and forfeited ninety (90) days after LTLP termination.

 9. Privacy
Notice of Financial Incentive
Under California regulation, certain aspects of the LTLP, which provide benefits to consumers, may be considered a financial incentive program. We collect personal information from you in connection with the LTLP, e.g., contact information (name, email address) and commercial information (like purchase history) for a number of reasons, including to administer the LTLP, contact you with regard to your LTLP Membership, to provide the benefits to you, to better serve you, and to fulfill your requests associated with the LTLP. To opt into the LTLP, as set forth herein, you will need to provide certain information, register and agree to these Terms, or otherwise follow the instructions associated with the LTLP. Participation in the LTLP is voluntary and you can withdraw at any time. To the extent that we provide programs that may be considered a financial incentive because the LTLP is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the LTLP minus the costs and expenses we incur in providing the LTLP.
Notice for Colorado Residents
Through the LTLP, we process: name, date of birth, email addresses, telephone number, and zip code. We do not sell or process that data for targeted advertising purposes.  For information regarding how we process all other categories of data please review our main privacy policy.
 
Impact of Deletion of Personal Data:  If you are a Landmark Loyalty member who is eligible to and chooses to exercise your right to delete your personal data, your LTLP account, including the unique membership identification number, any accrued Benefits associated with the account, your contact information, any stored payment information, and any other information tied to your membership account will also be deleted. There is no Benefit of LTLP that can be extended to you after the deletion of your personal data.
·       Our program is based on Benefits that accrue to your unique membership identification number based on your interaction with Landmark. Without the ability to relate and track your transactions to your LTLP membership identification number that will be deleted as a result of your deletion request, we will be unable to provide Benefits.
·       Without your email address, we will be unable to send you member-only offers and discounts.
·       Once your unique membership identification number is deleted from our systems, we will be unable to recognize your membership identification number to provide you free Wi-Fi, free refills and upgrades on popcorn, and other member-only benefits that we may offer from time to time. Similarly, any LTLP partners will be unable to provide you with benefits they offer. 
 
If you choose to exercise your data privacy rights such that your membership in LTLP is impacted, we will notify you at the contact information you have provided to us, the consequences of your decision at least five (5) days prior to discontinuing your membership or Benefits.
 

10. General Restrictions

You agree to abide by the final and binding decisions of Landmark regarding the LTLP and your participation in it. Landmark will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of LTLP Membership will be final and binding.

Should a LTLP Member object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with LTLP, that LTLP Member’s only recourse is to immediately discontinue participation in LTLP and properly cancel their LTLP Membership account in the manner provided above.

11. Disclaimer of Warranties/Limitation of Liability

To the maximum extent permitted by applicable law, LTLP Members expressly agree that use of, and participation in, the LTLP is at the LTLP Member’s sole risk. LTLP Members further agree that Landmark and its subsidiaries and affiliated companies (including direct and indirect subsidiaries, sister and parent companies, and their predecessors and successor in interest), and their respective officers, directors, managers, employees, agents, suppliers, vendors, content providers, licensors, licensees, and other representatives (each a “Landmark Party” and, collectively, the “Landmark Parties”) will not be liable to LTLP Members or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of use or enrollment in LTLP or arising out of any action taken in response to or as a result of any information available through the LTLP. Each LTLP Member hereby waives any and all of the above claims against the Landmark Parties and their respective agents, representatives or licensors arising out of, or in connection with, his/her participation in the LTLP.

Further, you agree that no Landmark Party is responsible, and will have no liability to you, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Terms or in any LTLP-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise

To the maximum extent permitted by applicable law, you agree that LTLP and all services and Benefits offered therein are provided on a strictly “as is,” “as available,” and “with all faults” basis. The Landmark Parties make no warranty with regard to any products, services or Benefits obtained by LTLP members through the LTLP or through any advertisers, sponsors or partners. The Landmark Parties make no warranty that the LTLP will be uninterrupted, timely or error free, nor does any LTLP party make any warranty as to the results that may be obtained from the use of the LTLP. Each LTLP member hereby waives any and all claims against the Landmark Parties arising out of or in any way relating to his/her use of or enrollment in the LTLP, or use of the Landmark website, the information available thereon, and the modification of these Terms. Your sole remedy for dissatisfaction with any portion of the LTLP is to cease your participation in the program, and the sole and exclusive maximum aggregate liability of landmark for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) will be the greater of five dollars ($5.00) or, if applicable, the total amount paid by you for LTLP Loyalty Lovers membership. The prior limitation on damages is not intended to limit your rights to recover attorneys’ fees or costs where applicable or to limit the Landmark Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Landmark Parties’ liability for personal injury or tangible property damage caused by the Landmark Parties’ gross negligence, fraud or intentional, willful, malicious or reckless conduct.

Landmark expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or the availability of seating for a particular performance(s) of an exhibition. Landmark will not be liable or responsible for those guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by a LTLP Member from or through the LTLP or Landmark will create any warranty not expressly made in these Terms. Landmark is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect Benefits.

Landmark will be excused from performance under these terms to the extent Landmark is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of god, (2) acts of war, terrorism, insurrection, riots, civil disorders, or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of landmark.

You agree that in the event you incur any damages, losses or injuries that arise out of landmark’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing the continued operation of the LTLP, or any web sites, mobile apps, property, product, or service owned, operated, or controlled by any of the landmark parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the LTLP or any web site, mobile app, property, product, or service owned, operated, or controlled by any of the landmark parties.

By participating in the program, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12. Participation in Promotions of Advertisers and Partners

LTLP Members acknowledge that Landmark does not endorse the contents of any advertisements of our partners or sponsors, if any, appearing in connection with the LTLP. LTLP assumes no liability, obligation or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion. Landmark will not be liable or responsible for guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise or suppliers of services. Landmark is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect Benefits.

13. Notices

Notices given by LTLP will be transmitted, in Landmark’s sole discretion, by e-mail, regular mail, general posting on the Landmark Website, postings in participation in Landmark locations, or through other methods as may be deemed appropriate by Landmark or permitted under law. Notices in connection with the modification of these Terms will be provided as stated in Section 17 below.

14. Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration

These Terms will be governed by, construed and enforced in accordance with the laws of the State of California, excluding its conflict of laws principles.  The arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.

Both LTLP Members and Landmark waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both LTLP Members and Landmark waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Except for disputes relating to the infringement of your or Landmark’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Landmark is seeking injunctive relief (the “Excluded Disputes”), you and Landmark each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your participation in LTLP will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Los Angeles, California or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Landmark will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of LTLP or any other property of Landmark (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and Landmark agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Landmark within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Landmark agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt out of and not be bound by the arbitration provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to Landmark Theatres, Attn: Head of Marketing and Branding, 700 N San Vicentre Blvd., Suite G470, West Hollywood, CA 90069. Your notice must include your name, mailing address, the email address associated with your LTLP Member account and, if different, the email address at which IRL should communicate with you, and state unequivocally that you do not wish to resolve disputes with Landmark with respect to LTLP through arbitration. To be effective, this notice must be postmarked within 30 days of the date on which you first accepted these Terms; otherwise, you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that Landmark receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, Landmark will not be bound by them with respect to disputes with you as an individual. For avoidance of doubt, opting out of arbitration for any personal disputes with respect to LTLP you may wish to pursue in court against Landmark does not permit you to represent a class in court, and all other parts of these Terms will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

15. General

The LTLP is void where prohibited by law. You agree not to participate in the LTLP if it is illegal to do so in your jurisdiction. In our sole discretion, we may assign these Terms in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. If any provision(s) of these Terms is held to be unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between you and Landmark. You agree that these Terms will not be construed against Landmark by virtue of Landmark having drafted these Terms.

16. Indemnification

To the maximum extent permitted by applicable law, LTLP Members agree to defend, indemnify and hold the Landmark Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your participation in the LTLP or activities in connection therewith; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the Landmark Parties’ use of your information as permitted under these Terms, or any other written agreement between you and us. You will cooperate as fully required by the Landmark Parties in the defense of any claim. The Landmark Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Landmark Parties. This Section will survive the termination of this Agreement.

17. Modification of these Terms

Landmark reserves the right to modify these Terms from time to time, with reasonable notice to LTLP Members. Landmark will notify you of changes to the Terms by posting the updated Terms on the Landmark Website and may also choose to notify you by email to the address then associated with your LTLP account or by other means. The updated Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Landmark. The updated Terms will apply to your participation in the LTLP beginning as of their effective date.

18. Entire Agreement

These Terms constitute the complete and exclusive understanding between Landmark and LTLP members relating to the subject matter of these Terms and supersede all prior or contemporaneous understandings, agreements and/or advertising relating to the subject matter of these Terms. Both parties acknowledge that they have not been induced to enter into these Terms by any representations or promises not specifically stated in these Terms.  Use of the Landmark Website and mobile application is subject to the Terms of Use at https://www.landmarktheatres.com/terms.

Contact Us

We welcome questions, comments, and suggestions about our program. Questions or correspondence regarding the program should be directed to Silver Cinemas Acquisition Co. dba Landmark Theatres Customer Service at customerservice@landmarktheatres.com or 1-888-7-CINEMA.

Last Updated and Effective: July 14, 2023

EXHIBIT A
 
LANDMARK LOYALTY MEMBERS (FREE) MEMBERSHIP BENEFITS
 
Rewards for Every $ You Spend On Qualifying Purchases

Free loyalty members get a $5 voucher for every 100 Points earned for qualifying purchases online and in theatres. (Some restrictions apply, excludes alcohol, tax, gratuities, Loyalty Lovers membership purchases and purchases made using gift cards.)*

Landmark Member ONLY Ticket Pricing. 
(Limited Time Offer 1/1/2024 to 12/31/2024)

Landmark Free Loyalty Members Get 15% Off All Listed Ticket Price.
(Exclusions apply: Fri, Sat, Sun, after 4PM, Holidays, Film Premieres, Advanced Showings, Special Engagements, Member Tuesdays)

Student discounts available online for paid loyalty members. (must present ID as requested)
 
All members get Retro films for $5.00 
 
Reduced Ticketing Fees
Loyalty Members save $1 per ticket in online ticketing fees.**
 
Members Get More on Tuesdays
All members receive discounted admission on Tuesdays, as well as exclusive concession offers. (Some restrictions apply.)
 
Free Size Upgrades on Popcorn
All members who buy any size popcorn receive a free upgrade to the next size up. (At Landmark Closter Plaza, a discount is offered instead.)
 
Free Refills on Large Popcorn
All members get free refills with any large popcorn.
 
Free WiFi 
All members get free WiFi in theatre lobbies (where available).***
 
Exclusive Access and Special Offers 
All members receive first access to select special screenings, as well as exclusive offers and discounts.
 
Save with Film Series Bundling
All members can bundle any film series for a discounted price. Perfect for fans of our Cine Insomnia late shows, Retro Replay classics, Filmmaker Focus retrospectives and more. Also makes a great gift! (Some restrictions apply)****
 
*Earn 1 Point for every $1 spent on qualifying purchases. Points are calculated based on the purchase price of the qualifying item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. Vouchers expire 90 days from issuance.
 
**Valid through Landmark website and app.  Loyalty Program credentials may need to be provided at time of purchase to receive the discount.
 
*** WiFi network and password details provided upon loyalty program registration.
 
**** Excludes Rocky Horror Picture Show and The Room film series. Additional film series may be excluded or subject to additional fees.
 
LANDMARK LOYALTY LOVERS ($20/year) MEMBERSHIP BENEFITS
 
In addition to the benefits provided as a Landmark Loyalty Member, Loyalty Lovers receive the following: 

Landmark Member ONLY Ticket Pricing. 

Landmark Paid Loyalty Members Get 30% Off Ticket Price.
(Exclusions apply: Fri, Sat, Sun, after 4PM, Holidays, Film Premieres, Advanced Showings, Special Engagements, Member Tuesdays)

Student discounts available online for paid loyalty members. (must present ID as requested)
 
All members get Retro films for $5.00 
 
Rewards for Every $ You Spend On Qualifying Purchases
Loyalty Lovers members get a $20 voucher (instead of a $5 voucher) for every 100 Points earned for qualifying purchases online and in theatres online and in theatres. (Some restrictions apply, excludes alcohol, tax, gratuities, Loyalty Lovers membership purchases and purchases made using gift cards.)*
 
Waived Ticketing Fees
For Loyalty Lovers members, all online ticketing fees are waived.**
 
$15 Birthday Gift
Loyalty Lovers members get a $15 voucher on or around their birthday. (some restrictions apply & must be used within 30 days)
 
 *Earn 1 Point for every $1 spent on qualifying purchases. Points are calculated based on the purchase price of the qualifying item(s) at the time of purchase, after discounts and coupons and before taxes and fees are applied. Vouchers expire 90 days from issuance. 
 
**Valid through Landmark website and app.  Loyalty Program credentials may need to be provided at time of purchase to receive the discount.