TERMS AND CONDITIONS
A. Overview of the Disney Movie Rewards Loyalty Program
1. The Program is a loyalty program sponsored by ABC, Inc., dba Disney Movie Rewards ("Sponsor") through which individuals may purchase specially marked DVDs and Blu-ray Discs that contain codes ("Codes") inside packaging, or through other methods as may be added by Sponsor from time to time. Individuals may visit DisneyMovieRewards.com (the "Website") to enroll in the Program, enter the Codes and have their accounts credited with the points associated with the Codes ("Points").
2. All individuals who have properly enrolled in the Program in accordance with the requirements of Section D below will be deemed "Enrollees."
3. Enrollees may redeem their Points for products or services available in the Rewards Catalog accessed at the Website.
1. The Program is open to legal residents of the 50 United States (and the District of Columbia), Puerto Rico, and Canada (excluding Quebec). Some promotions, offers and items for redemption are available only to those 13, 18 or 21 years and older. While employees, directors and officers of Sponsor and its parent and subsidiary companies, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are eligible to enroll in the Program, such individuals may not eligible for all promotions or offers available via the Program, including without limitation, sweepstakes or similar promotions. Such individuals should refer to the official rules for any such promotion or offer for complete eligibility details. Employees, contractors, agents, directors and officers of any third-party entities involved in the development or execution of the Program or production or distribution of Program materials, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to participate in the Program. The Program is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations. Void in Quebec and where prohibited by law.
2. Enrollment or participation in the Program constitutes Enrollee's full and unconditional agreement to these Terms and Conditions.
C. Duration of Program
1. The Program begins at 12:00 a.m. Eastern Time ("ET") on October 3, 2006 and will continue until such time as Sponsor, in its sole and absolute discretion, elects to terminate the Program (the “Program Term”). Sponsor reserves the right to shorten, extend, modify, terminate, or cancel the Program, at its discretion, at any time as further described in Section G below. Enrollees can collect Points only during the Program Term by the methods set forth in Section E below or through other methods as may be added by Sponsor from time to time. Enrollees may only redeem Points, as set forth in Section F below, during the “Redemption Term,” hereby defined as the Program Term and a period of sixty (60) days immediately following the last day of the Program Term.
D. Enrolling in the Program; Video Privacy Consent Requirements; Disney Movies Anywhere
1. To enroll, an individual must click on the "Join Now" button, follow the onscreen instructions and comply with the applicable requirements as described herein to create a Program account ("Account").
3. Individuals who are under the age of majority in their state, province or territory of residence at the time of enrolling (“Minor”) must obtain permission from their parent or legal guardian to enroll in the Program and to consent to these Terms and Conditions and authorize Sponsor to collect, store and share with The Walt Disney Family of Companies and third party service providers, information regarding such Minor’s Account and use of the Program, including titles and descriptions of audiovisual selections validated through the Program and by other means, as well as the collect and store Minor’s name, gender, age, mailing address, city, state and zip code for purposes of administering this Program.
4. Minors under the age of 13 (individually, a “Child”) must create a unique account ID and password, as well as provide their first name, date of birth, gender, zip code and parent or guardian’s email address. Thereafter, a welcome email will be sent to the parent or guardian’s email address ("Welcome Email"), requesting the parent or guardian consent to the Child’s creation of their Account and these Terms and Conditions, as well as the collection, storage and sharing with The Walt Disney Family of Companies and third party service providers of information directly from the Child, including but not limited to information about the Child’s Website activity, including Rewards history and titles and descriptions of audiovisual selections validated through the Program and by other means, as well as the collection and storage of the Child’s name, gender, age, mailing address, city, state and zip code for purposes of administering this Program. A Child’s Account will not become active until the parent or guardian consents to the creation of the Child’s Account by clicking on the appropriate link included in the Welcome Email.
5. Once an individual provides his/her corresponding personal profile information, consents to these Terms and Conditions as described above and authorizes Sponsor to collect, store and share information regarding such individual’s Account and use of the Program as described herein, he/she will be enrolled in the Program.
6. Limit 1 Account per person.
E. Collecting Points
1. Enrollees may collect Points only during the Program Term by entering Codes obtained from specially-marked Blu-ray Discs and DVDs, or CDs, purchasing eligible movie tickets, transacting for select digital entitlements on participating digital platforms, answering specially-identified surveys, qualifying for Bonus Points offers that may be presented at the Website from time to time, in-member communications, and/or other methods specified by Sponsor at any time during the Program Term.
For eligible physical product purchases with associated Codes, first locate the Code inside such package, promotional item, or as otherwise instructed. Then, go to the Website during the Program Term and follow the links and instructions to: (a) enroll in the Program (as set forth above), or (b) enter the appropriate email address, member name or account ID and password on the Introduction page, then click on the Sign In button (if Enrollee has already enrolled), or (c) enter the Magic Code wherever indicated throughout the Website, then click on the Go button (if Enrollee has already enrolled and signed in). For eligible CDs, go to the Earn Points With Eligible CDs page and follow the instructions.
Enrollees who have purchased an eligible Blu-ray or DVD title without a Code inside the package, or who have lost the Code, should visit the "Missing Codes" page (not possible on mobile devices). Enter the title of the eligible Blu-ray or DVD and its purchase date where indicated then click “Check Eligibility.” Follow the instructions on the “Create Your Proof Of Purchase” section. Enrollee must have the original cash register receipt for the Blu-ray or DVD, imprinted with the store’s name and a date of purchase prior to the end of the Program Term. Points will be subject to verification and, if approved by the Sponsor in its sole discretion, will be credited to the Account within 2 to 3 weeks. This process must be completed by Enrollee by no later than the end of the Program Term.
Enrollees seeking to earn Points for purchasing eligible movie tickets should go to the “Redeem Movie Tickets” page and complete the required information. Upon verification, Points will be credited to the Account within 2 to 3 weeks. This process must be completed by Enrollee by no later than the end of the Program Term.
Enrollees may collect Points for each specially-marked product purchased and/or by other methods of obtaining Codes as described on the Website only during the Program Term. The current list of products and corresponding Point values for each is located on the Eligible Titles page.
Enrollees seeking to earn Points associated with transactions for select digital entitlements on participating digital providers should complete such transactions on the relevant participating digital provider website as instructed by such participating digital provider. Once such transactions are verified, Points will be credited to the Account. This process must be completed by Enrollee by no later than the end of the Program Term.
At various times during the Program Term and in its sole discretion, Sponsor may declare "Bonus Points" periods during which the number of Points earned from purchases, transactions or other methods will increase (e.g. double, triple, etc.). The Website will indicate when there is an active Bonus Points period in effect. Enrollees who enter Codes or complete appropriate transactions to credit their Accounts during Bonus Points periods will earn the corresponding increase in the number of Points as set forth on the Website.
2. Each Code may be used only 1 time. For eligible physical releases, limit 1 Code per title per format (DVD, Blu-ray™, CD, etc.) or method of redemption per Account. Limits: Enrollee cannot enter more than 10 valid Codes within a 24-hour period. If an Enrollee enters 10 invalid Codes within a 24-hour period, the Enrollee’s account will be temporarily frozen and inaccessible, and may be reactivated only by contacting Member Services via the Contact Us Form, available at DisneyMovieRewards.com.
3. For eligible movie tickets, Enrollees may redeem up to 4 tickets per account per eligible movie title.
4. Enrollees may not combine Points with or transfer Points to other Enrollees' Accounts. Enrollees may not combine Codes obtained by others for deposit into a single Enrollee's account, nor transfer, sell, or otherwise dispose of Codes in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Codes or Points will result in disqualification from the Program and forfeiture of all Points in any Enrollee's Account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this Section E.4.
5. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect Points. Enrollees are responsible for the payment of all taxes which may result from the Reward(s) received as part of the Program.
6. Once an Enrollee inputs a Code, or successfully completes the “Missing Code” process or the “Redeem Movie Tickets” process, potential Points earned will be subject to verification by a judging organization whose decisions on the outcome are at its sole discretion and are final and binding. Points will not be awarded until after the verification process is complete. Codes and eligible movie ticket stubs are void if: (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; or (b) any part is counterfeit, altered, defective, tampered with or irregular in any way. The corresponding number of Points will appear in the appropriate Enrollee's Account within 5 business days after completion of the validation process; however, Sponsor reserves the right at its sole discretion to award Points later than 5 business days if additional time is needed for any reason.
7. Each Enrollee is responsible for ensuring the accuracy of his/her Account and the information associated with his/her Account and is encouraged to check his/her Account regularly.
8. If an Enrollee believes that Points were not properly credited to his/her Account, the Enrollee must notify the Sponsor by using the “Contact Us” form on the Website within 15 days of the day such Points were to be awarded. The “Contact Us” Form is available by clicking the “Contact Us” link on any of the Website pages.
9. Enrollees must save the original official Code document, original receipt(s) and proof(s) of purchase and original eligible movie ticket stub(s), as well as any confirmation email(s) referencing Points credited to their Account, for at least 90 days after the date Enrollee redeems a Rewards item online, as it may be necessary to later submit such Codes for verification. Sponsor reserves the right to require proof including, but not limited to, the original official Code document(s) and proof of purchase materials. Sponsor's decisions regarding the awarding of Points are final and binding. Validated Codes, original receipts, proofs of purchase or ticket stubs that are subsequently determined to be invalid for any reason are subject to disqualification and the corresponding Points will be removed from the Enrollee's Account to which the invalid validated Points were credited.
10. Enrollees may collect Points in the manner set forth above during the Program Term, unless otherwise modified by Sponsor in its sole and absolute discretion.
11. Points have no cash value and are only redeemable: (a) for Rewards offered via the Program and during the Redemption Term; and (b) pursuant to these Terms and Conditions.
F. Redeeming Points
1. Enrollees may redeem their Points for products, discounts, offers and other items of value ("Rewards") listed in the "Rewards Catalog" section of the Website while supplies last and only during the Redemption Term, as defined in Section C above. The Website will list the corresponding Point value required to redeem each Reward.
2. To redeem Points during the Redemption Term, review the Rewards listed on the Website. Enrollees may select any Reward still available and in stock for which Enrollees have accumulated sufficient Points for redemption. Click the "Redeem" button corresponding to the item an Enrollee wishes to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, Enrollees will receive a confirmation email and, when applicable, an email containing: (a) the actual item Enrollees have redeemed in the form of a digital code, coupon, etc. or (b) instructions on how to access, download and receive the digital Reward. Emails will be sent to the email address assigned to the Enrollee's Account. Enrollees are responsible for ensuring their Account information is accurate and up to date. Any applicable duties or taxes (including but not limited to taxes on the importation of goods into Canada) associated with or arising from the shipment of any Reward to an Enrollee are not included and will be Enrollee’s responsibility.
3. All Point redemptions for Rewards are final. Refunds, exchanges and other issues are governed by the vendor's Terms and Conditions applicable to the purchase and are not the responsibility of Sponsor.
4. Sponsor reserves the right to modify the available Rewards and corresponding Point totals at any time and for any reason in Sponsor’s sole and absolute discretion.
5. Any Points remaining in an Enrollee's Account which has remained inactive for a period of 210 consecutive days or more will be forfeited without compensation. Failure to log-in to the Account constitutes inactivity for purposes of this condition.
G. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein -- including, but not limited to, the length of the Program Term or Redemption Term, methods by which Enrollees can collect Points, the eligible Rewards, the number of Points associated with the purchase of eligible Rewards, the number of purchases through which Enrollees may collect Points, the number of Points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts -- at any time, with or without notice, even though these changes may affect an Enrollee's ability to collect or use his/her Points.
2. Sponsor reserves the right to cancel or terminate the Program at any time, for any reason, with or without notice, even though cancellation or termination may affect an Enrollee's ability to collect or redeem his/her Points. In the event of s termination, Enrollees will have 60 days from the Program termination date to redeem their Points. Enrollees will not be able to collect additional Points during this 60-day period. Thereafter, any Points remaining in an Enrollee’s Account will have no value of any kind and will be forfeited without compensation.
3. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at DisneyMovieRewards.com and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions
2. All Codes are owned by Sponsor and Enrollees may use Codes only as specifically authorized under these Terms and Conditions. The sale, distribution or purchase of Codes outside of the methods set forth in these Terms and Conditions is unauthorized. Sponsor specifically prohibits the transfer of Program Codes on any online sales platform. Sponsor reserves the right to invalidate any Codes it suspects have been sold, distributed or purchased in a manner inconsistent with these Terms and Conditions. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition to discontinuance of participation privileges, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.
4. Points do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
6. All questions or disputes regarding eligibility for the Program, collecting or redemption of Points, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
I. Limitation of Liability
1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releasees") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND 1 YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PROVIDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Enrollees. Enrollees agree to rely solely on the manufacturer's warranties, if any, for any Rewards redeemed through this Program.
2. As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
3. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principals of conflicts of law. Sponsor makes no representation that the content on the Website is appropriate or available for use in any particular location. Those who choose to access the Website act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.