Movie Certificate Terms and Conditions
Important - Please read carefully
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Movie Certificate has been issued to you by MetaBank® Member FDIC. By accepting and using the Movie 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 Movie Certificate and are authorized to use the Movie Certificate as provided for in this Agreement. "We," "us," "our," and "Bank" mean MetaBank, our successors, affiliates or assignees. The Movie Certificate will remain the property of Bank and must be surrendered upon demand. Please read this Agreement carefully and keep it for future reference.
The Movie Certificate is loaded with a reward redeemable for one or two admission(s), as applicable, (up to the specified value) to see any movie or a specific movie (as specified on the Movie Certificate) at a participating movie theater listed on the Hollywood Movie Money website at www.hollywoodmoviemoney.com. The Movie Certificate is valid for one (1) transaction up to the value specified on the Movie Certificate. The Movie Certificate is not connected in any way to any other account and is not FDIC insured. The Movie Certificate is not a credit card. The Movie Certificate is not a gift card, nor is it intended to be used for gift purposes. The Movie 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.
- Authorized Users
You are wholly responsible for use of the Movie Certificate according to the terms of this Agreement. The Movie Certificate is non-transferable.
- Using Your Movie Certificate
The Movie Certificate is non-refundable.
- Lost or Stolen Movie Certificate
If your Movie Certificate is lost or stolen, it cannot be replaced.
We may disclose information to third parties about your Movie Certificate and the transaction(s) you make:
- where it is necessary for completing transactions;
- in order to verify the existence and condition of your Movie 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.
- 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 Movie Certificate to complete the transaction;
- if a merchant refuses to accept your Movie 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.
- No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any movie or movie theater, the admission to which you obtain with your Movie Certificate.
- Other Terms
Your Movie Certificate and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Movie Certificate is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. 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.
- Arbitration Disclosure and Application of Law
In the event of any dispute or claim relating in any way to this Agreement or services provided, the parties agree that such dispute shall be resolved by binding arbitration with the American Arbitration Association, utilizing the rules of procedure of such arbitration service. Further, any such arbitration shall take place in Sioux Falls, South Dakota and the laws of the State of South Dakota shall apply. The decision of an arbitrator will be final and subject to enforcement in a court of competent jurisdiction.
- 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 Movie Certificate or this Agreement at any time. You may cancel this Agreement by returning the Movie 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.
- Privacy and Data Protection
Information We Collect ("Certificate-holder Information") includes information about purchases made with the Movie Certificate, such as date of purchase, amount and place of purchase.
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.
We may use Certificate-holder Information to provide customer service, to process claims for lost or stolen Movie 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.
- Customer Service
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