Rewards Terms

The following Terms and Conditions apply to CMX Rewards and Loyalty Program (hereinafter "CMX Loyalty Program"). This program is operated by CB Theater Experience ("CMX," "we," "us," or "our"), a subsidiary of Cinemex Holdings USA, Inc. Please read these terms carefully. Enrollment in the CMX Loyalty Program and acceptance of the program benefits constitutes the Member's full and unconditional agreement with these Terms and Conditions.

CMX Loyalty Program will continue until such time as CMX, in its sole discretion, determines to terminate the Program (the "Program Term"). Members may only receive the points, vouchers, rewards and benefits during the Program Term and solely by the method established by CMX from time to time in its sole discretion.

CMX reserves the right to modify, cancel, or terminate the CMX Loyalty Program at any time, for any reason, and without prior notice. Material changes, including price increases for the Rewards Plus plan or reductions in key benefits, will be notified to Members at least thirty (30) days in advance via email or a prominent notice on the CMX website. This includes modifications, cancellations, or terminations that affect a Member's ability to use the points, vouchers, rewards and benefits of the Program. Upon CMX Loyalty Program cancellation or termination, CMX will grant Members a thirty (30) day period (the "Final Redemption Period") to make use of any unredeemed Points, Vouchers, Rewards, or Benefits. No new Points, Vouchers, Rewards, or Benefits will be accrued or earned during this period; only the existing balances may be redeemed. Following the expiration of the Final Redemption Period, any remaining unredeemed points, vouchers, rewards, or benefits shall be automatically voided and eliminated without any liability or obligation to CMX.

Membership to CMX Loyalty Program is valid at participating CMX Theaters at all U.S. locations ("CMX Theaters"). Benefits, vouchers, points, or any rewards are not redeemable for cash under any circumstances, and cannot be used to purchase CMX gift cards. Abuse of CMX Loyalty Program may result in the cancellation of the Member's account.

To maintain account security and prevent fraudulent activity or duplicate memberships, each Member account must be associated with exactly one (1) unique and valid email address and one (1) unique and valid mobile phone number. The use of multiple identities, email addresses, or phone numbers to create duplicate accounts is strictly prohibited and may result in the immediate suspension or termination of all associated memberships and forfeiture of accrued benefits.

1. Enrollment

To join CMX Loyalty Program, customers must complete a sign-up by visiting CMX webpage (https://cmx-ui.dev.cinemaplus.com) or downloading the mobile application and following the instructions provided. Members can choose between two options: a free Membership ("CMX Rewards Membership") or a Membership which offers paid benefits ("CMX Rewards PLUS"). A Member is any individual who has successfully completed the registration and enrollment process for the CMX Loyalty Program, in compliance with all terms set forth in this Agreement ("Member").

Members may request a physical Membership card at any participating CMX Theater location.

Membership in the CMX Rewards Program is strictly limited to individual natural persons who are at least eighteen (18) years of age or older and are legal residents of the United States. Minors under the age of 18 are not eligible to participate in the Program. By enrolling in the Program, you represent and warrant that you meet these age requirements and possess the legal capacity to agree to these Terms and Conditions. Accounts are individual (one account per person). Points, vouchers, benefits, rewards, and accounts cannot be transferred. Organizations, business entities, or any other groups are not allowed to register.

Members must provide a valid email address, name, date of birth, zip code and phone number. This information will be collected and stored according to CMX Digital Privacy Policy (https://cmx-ui.dev.cinemaplus.com/privacy) and CMX Use Terms (https://cmx-ui.dev.cinemaplus.com/terms-of-service). CMX is not responsible for any incorrect, incomplete or inaccurate information supplied or modified by the Member.

By enrolling Members agree to receive advertising, marketing materials, and other CMX Loyalty Program communications unless expressly disabling such features under each Member's profile preferences.

CMX reserves the right, in its sole discretion, to suspend or terminate any Member's account, and their ability to participate in CMX Loyalty Program, at any time. CMX may terminate an account without prior notice if it determines or suspects of fraudulent activity or material noncompliance with these terms. In such cases, the Member will immediately forfeit all accrued points, rewards, and benefits. CMX may terminate an account for any other reason, provided it furnishes the Member with thirty (30) days' prior written notice. Following such notice, the Member will have that 30-day period to redeem any accrued points, rewards or benefits before the account is permanently closed.

2. Subscription Fee and Billing for CMX Rewards Plus

The CMX Rewards Plus subscription fee is $10.99 per month ("Monthly Fee"), plus applicable taxes. Please note that prices may vary by location and are subject to change with 30 day's prior notice.

3. Earning Points

Members of the CMX Loyalty Program earn 1 point for every $1 spent on qualifying food and beverage purchases in CMX Theatre or through official CMX digital platforms. For every 100 points Members earn (which equals $100 spent), Members automatically receive a $5 reward voucher. These points are solely used to calculate voucher accrual and cannot be redeemed directly; only the generated reward vouchers may be used for purchases. Points will not be earned on the following purchases: alcohol, tax, gift cards, gratuities, purchases made with points, or any items bought an organization, or through third-party services (such as Fandango, Atom, or Groupon), or groups of eight (8) or more guests.

To earn points, Members must provide their Membership details at the time of purchase. This may be done by:

1. presenting their account number, physical card or digital mobile application card at the point of sale;
2. logging into their account on CMX website or mobile application for online purchases;
3. providing the phone number or email address associated with their account to a team Member at CMX Theatre.

Points are automatically tracked upon successful verification of the Member's ID. Points will be reflected in the Member's account within twenty-four (24) hours following the purchase.

The maximum amount eligible to earn points per day is $250 USD per account.

4. Redeeming Points

To redeem Vouchers, Members must identify their account at the point of sale as specified in Section 2. This is accomplished by providing account credentials at the point of sale or by logging into CMX website or mobile application. At the box office or concession stand, Members can pay using vouchers, credit, debit, gift cards, or cash, or a combination of these methods (subject to the limitations outlined for Movie Ticket Redemption). Vouchers cannot be used to purchase alcoholic beverages or gift cards.

Points and vouchers are not property and hold no cash value. Accumulated Points and vouchers are not descendible and cannot be inherited, bartered, purchased, transferred or sold to any third party.

Your Points balance and Vouchers balance will appear on each ticket purchased or in your online Member profile. The Points balance reflects the total points earned, which are solely used to accrue Vouchers. The Vouchers balance represents the rewards available for redemption towards tickets, food, and beverage purchases. Points and Vouchers have no cash value. Members are strictly prohibited from requesting a cash payment or "cash out" of any remaining balances, and this prohibition remains in effect even upon the termination or cancellation of any Membership tier.

5. Expiration of Points

Unredeemed Points will expire after twelve (12) consecutive months of Member account inactivity; and Vouchers will expire after one (1) year of account inactivity.

For the purpose of CMX Loyalty Program, "activity" is defined as any qualifying purchase, point accrual, or voucher redemption made by the Member.

6. CMX Rewards Members Benefits

The following are the benefits included with the complimentary CMX Rewards Membership:

7. CMX Rewards Plus Benefits

CMX Rewards Plus Members enjoy the following monthly benefits, in addition to all standard CMX Rewards benefits:

8. Cancellation and Refunds

Members of either tier may cancel their Membership at any time via the CMX mobile application, website account settings, or by contacting CMX Support.

Cancellation of the paid subscription is effective at the end of the current billing period. No prorated refunds will be provided for partial months, unless legally mandated.

9. Promotions

Members acknowledge that CMX does not endorse the content of advertisements by its partners or sponsors, if any, appearing in connection with CMX. CMX assumes no liability or responsibility for any part of any correspondence or promotion, including the withdrawal or modification of any offer.

10. Disclaimer. Limitation of Liability

CMX Loyalty Program Members expressly agree that use of, and participation in, the CMX Loyalty Program is at Member's sole risk. CMX Loyalty Program Members further agree that CMX 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 "CMX Party" and, collectively, the "CMX Parties") shall not be liable to CMX Loyalty Program Members or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of access or use of, inability to enroll, or access or use or participation in the CMX Loyalty Program or arising out of any action taken in response to or as a result of any information available through CMX Loyalty Program. Each CMX Loyalty Program Member hereby waives any and all claims against CMX and its subsidiaries, divisions, agents, affiliates, representatives or licensors arising out of, or in connection with, his/her participation in CMX Loyalty Program.

Further, Members agree that CMX is not responsible, and will have no liability to Members, 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 CMX Loyalty Program-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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME MEMBERS.

The CMX Loyalty Program, and all services, benefits and rewards offered therein are provided on a strictly "as is," "as available," and "with all faults" basis. THE CMX PARTIES MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY CMX LOYALTY PROGRAM MEMBERS THROUGH THE CMX LOYALTY PROGRAM OR THROUGH ANY ADVERTISERS, SPONSORS OR PARTNERS. THE CMX PARTIES MAKE NO WARRANTY THAT THE CMX LOYALTY PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES CMX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMX LOYALTY PROGRAM. EACH CMX LOYALTY PROGRAM MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE CMX PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO HIS/HER USE OF OR ENROLLMENT IN THE CMX LOYALTY PROGRAM, OR USE OF THE CMX WEBSITE OR MOBILE APPLICATION, THE INFORMATION AVAILABLE THEREON, AND THE MODIFICATION OF THESE TERMS. MEMBERS AGREE NOT TO SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF CMX. MEMBERS SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE CMX LOYALTY PROGRAM IS TO CEASE THEIR PARTICIPATION IN THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF CMX FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE TEN DOLLARS NINETY-NINE CENTS ($10.99).

CMX 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. CMX shall 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 Member from or through the CMX shall create any warranty not expressly made herein. CMX is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect offers for rewards, benefits, points or the accrual of points and vouchers. No advice or information, whether oral or written, obtained by a Member from or through CMX shall create any warranty not expressly made herein.

CMX WILL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT CMX 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 CMX.

MEMBERS AGREE THAT IN THE EVENT MEMBERS INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CMX ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO MEMBERS ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE MEMBERS TO AN INJUNCTION PREVENTING THE CONTINUED OPERATION OF THE THEATERS, OR ANY WEBSITES, MOBILE APPS, PROPERTY, PRODUCT, OR SERVICE OWNED, OPERATED, OR CONTROLLED BY ANY OF THE CMX PARTIES, AND MEMBERS WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, MOBILE APP, PROPERTY, PRODUCT, OR SERVICE OWNED, OPERATED, OR CONTROLLED BY ANY OF THE CMX PARTIES.

BY PARTICIPATING IN CMX LOYALTY PROGRAM, MEMBERS UNDERSTAND THAT MEMBERS EXPRESSLY WAIVE ANY RIGHTS WITH RESPECT TO ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT EXIST AS OF THE DATE OF THIS AGREEMENT. MEMBERS FURTHER ACKNOWLEDGE AND AGREE THAT THE SCOPE OF THIS WAIVER IS INTENDED TO BE AS BROAD AS PERMITTED BY THE LAWS OF THE STATE OF FLORIDA AND ENCOMPASSES ALL MANNER OF CLAIMS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH THE MEMBER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS WAIVER, AND WHICH, IF KNOWN BY HIM OR HER, MIGHT HAVE MATERIALLY AFFECTED THIS AGREEMENT.

11. Notifications

Notifications given by CMX will be transmitted at CMX's sole discretion via e-mail, general posting on the CMX Website, postings in participating CMX Theaters, or through other legally permitted methods. Members have the option to consent to email delivery notifications from CMX.

12. Governing Law, Dispute Resolution and Arbitration

These Terms and participation in the CMX Loyalty Program shall be governed by the law of the State of Florida, excluding its conflicts of laws principles. Any cause of action or claim Members may have must be commenced within one (1) year after such claim or cause of action arises.

Except for disputes relating to the infringement of Members' or CMX's intellectual property (such as trademarks, trade dress, copyright and patents) or where Members or CMX are seeking a preliminary injunction ("Excluded Disputes"), Members and CMX agree that all claims or disputes ("Claims") arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, or CMX Loyalty Program, including any billing disputes, shall be finally settled by final and binding arbitration. The arbitration proceedings shall be governed by federal arbitration laws and rules. Any cause of action or claim Members may have with respect to the CMX Loyalty Program or these Terms must be commenced within one (1) year after such claim or cause of action arises. Except for disputes relating to the infringement of Members' or CMX's intellectual property (such as trademarks, trade dress, copyright and patents) or where Members or CMX are seeking a preliminary injunction ("Excluded Disputes"), Members and CMX agree that all claims or disputes ("Claims") arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, or CMX Loyalty Program, including any billing disputes, shall be finally settled by final and binding arbitration. Arbitration proceedings shall take place in Miami, Florida, in the English language, under the Commercial Arbitration Rules ("Rules") of the American Arbitration Association by three arbitrators appointed in accordance with the Rules, or such other arbitration association as mutually agreed by the parties. Judgment on the award shall be final and may be entered in any court having jurisdiction thereof. Each Member and CMX agrees that any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party. CLASS ACTION WAIVER: Each CMX Loyalty Program Member and CMX agrees that all Claims will be arbitrated on an individual basis and that there will be no class or representative actions in arbitration. Members and CMX may not participate in a class or representative action against the other party as a class Member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were asserted directly. Each Member and CMX agrees that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth herein will not apply to any Claim between the parties. JURY TRIAL WAIVER: If a claim proceeds in court rather than through arbitration, each Member and CMX WAIVE ANY RIGHT TO A JURY TRIAL.

Members agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Miami, Florida, and Members hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If the arbitration agreement is found to be unenforceable by any court or arbitrator, then each Member and CMX agree that any proceedings in court will be conducted on an individual basis and that there will be no class or representative actions.

13. General

The CMX Loyalty Program is void where prohibited by law. Members agree not to participate in the CMX Loyalty Program if it is illegal to do so in such Member's jurisdiction. In our sole discretion, we may assign these Terms in whole or in part, without notice to Members. Members 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) shall 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 shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CMX 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 Members and CMX. Members agree that these Terms will not be construed against CMX by virtue of CMX having drafted these Terms.

14. Indemnification

Members agree to defend, indemnify and hold the CMX Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, including reasonable attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:

1. Members' participation in the CMX Loyalty Program or activities in connection therewith;
2. Members' breach or anticipatory breach of these Terms;
3. Members' 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;
4. any misrepresentation made by Members; or
5. the CMX Parties' use of Members information as permitted under these Terms, or any other written agreement between Members and CMX.

Members will cooperate as fully required by the CMX Parties in the defense of any claim. The CMX Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Members, and Members will not in any event settle any claim without the prior written consent of a duly authorized employee of the CMX Parties. This Section will survive the termination of this Agreement.

15. Change of These Terms

CMX reserves the right to modify these Terms, including all documents referenced herein, at its discretion. For any material changes, including price increases for the Rewards Plus plan or significant reductions in program benefits, CMX will provide Members with at least thirty (30) days' prior notice via the email address associated with the Member's account or a prominent notification on the CMX website and mobile application. Non-material changes shall take effect upon posting unless otherwise provided. Continued participation in the CMX Loyalty Program after the effective date of any updated Terms constitutes acceptance of such changes. Members may review the current version at any time online at the CMX Website.