Concession Certificate Terms and Conditions

Important - Please read carefully

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Concession Certificate has been issued to you by MetaBank®, National Association, Member FDIC. By accepting and using the Concession Certificate, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "You" and "your" mean the person or persons who have received the Concession Certificate and are authorized to use the Concession Certificate as provided for in this Agreement. "We," "us," "our," and "Bank" mean MetaBank, our successors, affiliates or assignees. The Concession Certificate will remain the property of Bank and must be surrendered upon demand. Please read this Agreement carefully and keep it for future reference.

  1. Definition

    The Concession Certificate is loaded with a reward redeemable for any food and/or drink purchase (up to the specified value) at the concession stand of any participating movie theater listed on the Hollywood Movie Money website at www.hollywoodmoviemoney.com. The Concession Certificate is single-use, valid for one (1) transaction up to the value specified on the Concession Certificate. Any value remaining after your transaction will not belong to you or be available to you for additional use, so you should use entire value in your transaction. The Concession Certificate is not a checking account and is not connected in any way to any other account and is not FDIC insured. The Concession Certificate is not a credit card. The Concession Certificate is not a gift card, nor is it intended to be used for gift purposes. The Concession Certificate can only be used within the U.S. Our business days are Monday through Friday excluding holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. Customer service hours may vary.

  2. Authorized Users

    You are wholly responsible for the use of the Concession Certificate according to the terms of this Agreement. The Concession Certificate is non-transferable.

  3. Using Your Concession Certificate

    You may only use your Concession Certificate to obtain food and/or drink at the concession stand up to the value specified on the Concession Certificate. YOU MAY NOT USE THE CONCESSION CERTIFICATE FOR UNAUTHORIZED PURCHASES OR TO EXCEED THE VALUE OF FUNDS AVAILABLE ON YOUR CONCESSION CERTIFICATE. Each Concession Certificate has a unique number (or code) that allows for one (1) valid transaction for concessions (food and/or drink). Attempts to use this unique number (or code) for anything other than concessions or to use it after the expiration date (printed on the Concession Certificate) will result in denial of the transaction. It will also be deemed fraud by the user and will subject the user to all penalties allowed by law. You do not have the right to stop payment on any transactions made with your Concession Certificate. Your Concession Certificate is available through the expiration date printed on the Concession Certificate, except in states where prohibited by law. If a merchant attempts to process the Concession Certificate after the expiration date printed on the front of the Concession Certificate, the transaction will be declined. The Concession Certificate has no cash value. No reproduction will be accepted. Internet access and printer are required, and you must bring your printed Concession Certificate to the participating theater concession stand to redeem. Concession Certificate is valid for one-time use only and is void if sold or exchanged. If cost of concessions is more than the maximum value of the Concession Certificate, then user must pay the difference. No change will be provided to the user. Not valid with any other offer. This Concession Certificate is non-transferable, non-refundable, not permitted for resale, and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We also reserve the right to restrict access to our sites or promotions if we determine Concession Certificates were obtained in a manner against the terms of use or promotional rules. We may request proof of purchase or other proof if more than a reasonable number of Concession Certificates are presented by you. We reserve the right to determine the term "reasonable."

  4. Refunds

    The Concession Certificate is non-refundable.

  5. Lost or Stolen Concession Certificate

    If your Concession Certificate is lost or stolen, it cannot be replaced.

  6. Confidentiality

    We may disclose information to third parties about your Concession Certificate and the transaction(s) you make:

    • where it is necessary for completing transactions;
    • in order to verify the existence and condition of your Concession Certificate for a third party, such as a merchant;
    • in order to comply with government agency, court order, or other legal reporting requirements;
    • if you give us your written permission; or
    • to our employees, auditors, affiliates, service providers, or attorneys as needed.
  7. Our Liability for Failure to Complete Transactions

    We will not be liable for failure to complete a transaction:

    • if, through no fault of ours, you do not have enough funds available on your Concession Certificate to complete the transaction;
    • if a merchant refuses to accept your Concession Certificate;
    • if circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
    • under any other exception stated in our Agreement with you.
  8. No Warranty Regarding Goods and Services

    We are not responsible for the quality, safety, legality, or any other aspect of any food or drink you obtain with your Concession Certificate.

  9. Other Terms

    Your Concession Certificate and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Concession Certificate is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. No fees are charged for use of the Concession Certificate. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.

  10. Jury Trial Waiver And Arbitration

    a. Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.

    b. Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Concession Certificate. You must send the opt out notice in writing to MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under or related to this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the American Arbitration Association, or such other arbitration administrator as agreed to by both parties. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Concession Certificate is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

  11. Amendment and Cancellation

    We may amend or change the terms of this Agreement at any time. You will be notified of any change if required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Concession Certificate or this Agreement at any time. You may cancel this Agreement by returning the Concession Certificate to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

  12. Privacy and Data Protection

    Information We Collect (”Certificate-holder Information”) includes information about purchases made with the Concession Certificate, such as date of purchase, amount and place of purchase.

    Information Security:

    Except as otherwise disclosed to the Certificate-holder, only those persons who need it to perform their job responsibilities are authorized to have access to Certificate-holder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Certificate-holder Information.

    Disclosure:

    We may use Certificate-holder Information to provide customer service, to process claims for lost or stolen Concession Certificates, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Certificate-holder Information for the same purposes to companies that work with us. For example, we may provide certain Certificate-holder Information to companies that perform business operations or services, including marketing services, on our behalf. We may also provide certain Certificate-holder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

    Any information you provide when you apply for the Concession Certificate, when you activate the Concession Certificate, or when you contact us with customer service issues is governed by Fandango Media, LLC's privacy policy which is located at http://www.fandango.com/policies/privacy-policy.

  13. Customer Service Contact Information

    407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210
    www2.activaterewards.com/concessions/contact

This Concession Certificate is issued by MetaBank, National Association, Member FDIC, pursuant to a license from Visa U.S.A. Inc.

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