Alamo Victory Program (AVP) Terms and Conditions of Service Introduction to Program
Welcome to the AVP web site (the "Site"). Drafthouse.com and Alamo Drafthouse Cinemas, LLC a Texas limited liability company (collectively, "Alamo Drafthouse Cinema") have launched AVP to reward its guests for their roles in helping to make Alamo Drafthouse Cinema a success. We know you have many options regarding the entertainment provider you choose, and this is our way to say thank you for making Alamo Drafthouse Cinema a part of your entertainment experience. By becoming a member of AVP, you will receive a Free birthday ticket on your birthday once a year. You may also receive surprises including advanced notice to movie screenings, offers on special events, private tours of our kitchen, discounted movie tickets, food and drinks, merchandise and more!
Terms of Participation
The following are the rules or "Terms" that govern use of the Site and AVP. By participating, enrolling and/or using AVP, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and AVP. Alamo Drafthouse Cinema reserves the right to change (add to, delete or amend) these Terms or any other aspects of AVP, at any time, without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically for any changes. Updates to these Terms will be noted at the bottom of this Agreement. If you violate these Terms, Alamo Drafthouse Cinema may terminate your membership and use of the Site, bar you from future use of the Site, cancel any purchase orders and offers, and/or take appropriate legal action against you. As a condition to membership in AVP and in any and all promotions in connection with AVP, you agree to comply with the terms of all offers, promotions, and programs of AVP and any advertiser, sponsor and partner at all times. These Terms set forth the manner in which one can take advantage of offers.
Membership in AVP
Membership in AVP is limited to persons 18 years of age or older, and residing in the United States or U.S. Territories. Members of the U.S. Armed Forces not residing in the United States or U.S. Territories may also become members. AVP individual membership is limited to one individual per AVP account.
Persons wishing to participate in AVP may do so as a member (a "Member"). As a Member, you will enjoy the full rewards of membership, including, among other things, the ability to redeem offers.
No business entities may become Members.
AVP Members don’t have to worry about earning points or tracking receipts to get neat offers. But they do need to remember to use their recognized and accepted Member ID method! Following account activation, Members should use their recognized and accepted Member ID method every time they purchase a ticket online or at the box office, purchase any merchandise or any food or drink! The recognized and accepted Member ID methods include: (i) providing the Member telephone number at any point of sale at any Alamo Drafthouse Cinema. (ii) providing the Member email address at any point of sale at any Alamo Drafthouse Cinema. (iii) providing the Member ID number created in the online profile at any point of sale at any Alamo Drafthouse Cinema.
One Member ID may be used for a single transaction. One Member ID can be associated with a maximum of 4 visits within any twenty-four period. See Alamo Victory Program FAQs for the definition of a visit.
Customized Member rewards will periodically be delivered to the inbox of the email address associated with the Member’s account. To take advantage of the Member reward, the Member should follow the instructions in the email received.
AVP reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available.
In the event of technical failures or difficulties, membership benefits may not be available during a Member's visit to an Alamo Drafthouse Cinema or participating establishment. Members are not entitled to any compensation as a result of such technical failures or difficulties.
(a) Alamo Drafthouse Cinema may also from time to time make available to Members promotions and competitions (collectively, “Competitions”). Where applicable, Members may enter Competitions according to Website or email instructions.
(b) We may publish names of winners of Competition prizes.
(c) Each Competition will be subject to any individual terms and conditions specified on the Website or email instructions. However, some of the standard terms and conditions are as follows:
I) Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;
II) If an award or prize is unavailable for any reason, we reserve the right to substitute an award or prize of equal or greater value;
(III) Alamo Drafthouse Cinema’s decision on all matters relating to a Competition will be final and not subject to challenge or review;
(IV) Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;
(VI) Neither Alamo Drafthouse Cinema nor our officers, agents, employees and related corporate bodies make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.
(d) To the extent of any conflict between Clause 7(c) and individual Competition terms and conditions, the latter will prevail.
A Member may terminate membership in AVP, at any time, for any reason, by notifying AVP by e-mail at AVP@Drafthouse.com Upon Termination by the Member, participation in AVP shall immediately cease and Member's unused Rewards shall be canceled.
Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Rewards after termination.
AVP MAY TERMINATE A MEMBER'S MEMBERSHIP AT ANY TIME, FOR ANY REASON WITHOUT LIABILITY TO ALAMO DRAFTHOUSE CINEMA. ALAMO DRAFTHOUSE CINEMA RESERVES THE RIGHT TO TERMINATE AVP AT ANY TIME FOR ANY REASON, WITHOUT LIABILITY TO ANY MEMBER OR THIRD PARTY. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP WILL CEASE THIRTY (30) DAYS AFTER PROGRAM TERMINATION AND MEMBER'S UNREDEEMED REWARDS SHALL BE CANCELED AT THAT TIME. AVP will publish on its web site, and/or through postings in participating Alamo Drafthouse Cinema lobbies, notice of termination of AVP.
The program management reserves the right to terminate or disable, at our sole discretion, any AVP membership if we believe a Member has violated or acted inconsistently with the rules of AVP or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Rewards. Member understands and agrees that termination of membership will result in the cancellation of all of that Member's Rewards as provided herein. Member acknowledges that Member may only participate in AVP if and to the extent that such participation is permitted by all applicable laws, rules, and regulations. AVP may refuse to enroll a Member, or to restrict, modify, or terminate a Member's participation in AVP, without liability to the Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in AVP could violate any law, rule, or regulation. AVP management shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination or disabling of membership (including, but not limited to, cancellation of Rewards) shall be final and binding.
Any attempts to communicate with Members will be made using the written information most recently provided by the Member. Under no circumstances will Alamo Drafthouse Cinema be held liable or responsible for an inability to redeem Rewards or any loss whatsoever, arising from Member's failure to update and maintain accurate contact information with AVP.
AVP reserves the right to send Members messages from time to time for which they will not be rewarded. Such messages may include AVP system updates, flash bulletins, Reward confirmations, administrative announcements, special requests and the like -- and may be sent via e-mail or communicated to you on a receipt or display at the time of use of AVP.
AVP and Alamo Drafthouse Cinema are under no obligation to provide Members with any particular number of Reward opportunities or send messages to them. AVP reserves the right to limit AVP enrollment at any time. You will be given at least thirty (30) days to redeem your Rewards should we restrict enrollment.
Member's membership will terminate immediately in the event of Member's death.
Should a Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with AVP, Member's only recourse is to immediately discontinue participation in AVP and properly terminate his or her membership in the manner provided above.
Disclaimer of Warranties/Limitation of Liability
Member expressly agrees that use of, and participation in, AVP is at the Member's sole risk. Member further agrees that Alamo Drafthouse Cinema, and its subsidiaries, divisions, agents, affiliates, representatives or licensors shall not be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, AVP or the Site and the information available on the Site or arising out of any action taken in response to or as a result of any information available on the Site. You hereby waive any and all claims against Alamo Drafthouse Cinema and its subsidiaries, divisions, agents, affiliates, representatives or licensors arising out of, or in connection with, your participation in AVP and your use of the Site and the information available thereon.
AVP, and all services and Rewards offered therein are provided on a strictly "as is" and "as available" basis. ALAMO DRAFTHOUSE CINEMA, ITS AFFILIATES, PARTNERS, SPONSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY MEMBERS THROUGH AVP OR THROUGH AVP ADVERTISERS, SPONSORS OR PARTNERS; ALAMO DRAFTHOUSE CINEMA, ITS AFFILIATES, PARTNERS, SPONSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS MAKE NO WARRANTY THAT AVP WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE; NOR DOES ALAMO DRAFTHOUSE CINEMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AVP. MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST ALAMO DRAFTHOUSE CINEMA AND ITS SUBSIDIARIES, DIVISIONS, AGENTS, AFFILIATES, ATTORNEYS, REPRESENTATIVIES OR LICENSORS ARISING OUT OF MEMBER'S USE OF OR ENROLLMENT IN AVP, OR USE OF THE SITE, THE INFORMATION AVAILABLE THEREON, AND THE MODIFICATION OF THESE TERMS.
Alamo Drafthouse Cinema 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.
Alamo Drafthouse Cinema 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 AVP or Alamo Drafthouse Cinema shall create any warranty not expressly made herein.
Alamo Drafthouse Cinema is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers for Rewards.
Participation in Promotions of Advertisers and Partners
Member acknowledges and agrees that Alamo Drafthouse Cinema neither endorses the contents of any advertisements appearing on, or linked through, our Site, or the web sites of our partners or sponsor, if any, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising thereof, or any fraud or other crime facilitated thereby.
Alamo Drafthouse Cinema 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.
Alamo Drafthouse Cinema does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of AVP without the express prior written consent of AVP.
Member's right to enroll in, and use of AVP is non-transferable. Rewards may not be purchased, sold, bartered or brokered. AVP accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Member agrees not to forward any AVP offers or promotions to others without first obtaining the express written permission of AVP. All offers are specific to Member's membership unless otherwise stated.
Proprietary Rights to Content
Member acknowledges that AVP content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and AVP information) logos or other material contained in any AVP communication, advertisement or message, whether by AVP or AVP's advertisers), information about Alamo Drafthouse Cinema and its services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of AVP or the appropriate affiliate or licensor.
Notices given by AVP will be transmitted, in Alamo Drafthouse Cinema's sole discretion, by e-mail, general posting on the Site, or postings at an Alamo Drafthouse Cinema location.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Austin, Texas, under the Commercial Arbitration Rules ("Rules") of the American Arbitration Association by three arbitrators appointed in accordance with the Rules. Judgment on the award shall be final and may be entered in any court having jurisdiction thereof.
This contract shall be governed by the law of the State of Texas, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules.
Member and AVP agree 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.
This Agreement constitutes the complete and exclusive understanding between AVP and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators 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 this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AVP in writing.
Member agrees not to abuse AVP privileges by attempting to accrue or use Rewards in a manner inconsistent with the rules of AVP or intent of this Agreement, or tampering with AVP Reward links. If Alamo Drafthouse Cinema determines, in its sole and absolute discretion, that any Member has abused AVP privileges, or violated applicable law, Alamo Drafthouse Cinema may terminate your use of the Site, bar you from future use of the Site, cancel any purchase orders and any unredeemed Rewards, and/or take appropriate legal action against you.
You agree to indemnify and hold Alamo Drafthouse Cinema, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your use of the Site, (ii) your participation in AVP, whether as a Member or Invitational Member or, (iii) your violation of this Agreement. AVP and web site is owned by Alamo Drafthouse Cinema and operated by: Alamo Drafthouse Cinema 612A E. 6th Street, Austin, Texas 78701. We welcome questions, comments and suggestions about our Program. Questions or correspondence regarding the programs operation, programs security and privacy issues should be directed to Member Services by emailing AVP@Drafthouse.com.