Program Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE DIAMOND REWARDS PROGRAM (THE “PROGRAM”) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER TERMS INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO ALL OF THE TERMS, INCLUDING WITHOUT LIMITATION SUBMITTING TO BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY, DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM IMMEDIATELY.
Introduction to Program
The Program is operated by Paragon Entertainment Holdings, L.L.C., (“Paragon,” “we” or “us”) at www.paragontheaters.com/rewards/. We at Paragon know you have many options regarding the entertainment provider you choose, and we appreciate your decision to make Paragon a part of your entertainment experience. As a member of the Program, you may qualify for preferred pricing on Paragon products and services and may qualify for other membership privileges. You also are eligible to receive Points (as defined below) that may be redeemed for “Rewards” (free movie tickets). In addition to Points, from time to time, at our sole discretion, Program Members (as defined below) also may receive offers for various goods and services and special events, such as members-only screenings, at participating Paragon locations.
Terms of Participation
The Terms govern your access to and participation in the Program and set forth the manner in which Program Members are able to earn Points and redeem those Points for Rewards. By participating in, enrolling in and/or using the Program, you expressly agree to comply with the Terms and all laws, rules and regulations applicable to your participation in the Program. Paragon reserves the right to change or modify these Terms or any policy or guideline pertaining to the Program at any time and in its sole discretion. Any changes or modifications will be effective immediately once posted on www.paragontheaters.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued participation in the Program will confirm your acceptance of such changes or modifications; therefore, you should review these Terms and applicable policies frequently to understand the terms and conditions that apply to the Program. If you do not agree to any amended, supplemented or modified terms, you must stop participating in the Program. If you violate the Terms, Paragon may terminate your membership, bar you from future participation in the Program, cancel any unredeemed Points, and/or take appropriate legal action against you.
In addition, as a condition to membership in the Program and participation in any and all promotions in connection with the Program, you agree to comply at all times with the terms of all offers, promotions, and programs of Paragon and any advertiser, sponsor or partner of Paragon, in each case, to the extent permitted by applicable law.
Membership in the Program
Membership in the Program is limited to persons 13 years of age or older, as required by law in the applicable jurisdictions, who reside in the United States or U.S. Territories. If a Program Member is between 13 and the age of majority in his or her state or jurisdiction of residence, such person, by enrolling in the Program, acknowledges that he or she has obtained permission to do so from a parent or legal guardian. Paragon does not knowingly collect information about individuals under 13 years of age. If you are a parent or guardian or other person and become aware of information collected from an individual under 13 years of age, please contact Paragon immediately at questions@paragontheaters.com.
Members of the U.S. Armed Forces not residing in the United States or U.S. Territories also may become Program Members.
Each Program membership account is limited to one individual. No business entities, organizations or groups may become Program Members or register for a Program membership account. In addition, the following are excluded from Diamond Rewards membership: (a) employees of Paragon, (b) employees of affiliates of Paragon, (c) family members, including mother, father, step-parents, in-laws, siblings, children, stepchildren, grandparents, and grandchildren, of any employee of Paragon or its affiliates; and (d) any person residing in the same household as an employee of Paragon or any of its affiliates, whether or not related. Other restrictions on membership may apply.
To become a member of the Program and to be able to redeem Rewards you must either join online at www.paragontheaters.com/rewards/ providing Paragon certain information, including your name, age, telephone number, zip code and e-mail address or on the Paragon Theaters app. Once your registration is completed and your eligibility has been verified, you will become a member of the Program (a “Program Member”). We may periodically request additional demographic or other information to help us get to know our Program Members better.
We expect Program Members to submit and maintain accurate and current user information in connection with their participation in the Program. Each Program Member agrees to confirm from time to time that any information provided by him or her to Paragon is up-to-date and accurate, including his or her name, telephone number, zip code and e-mail address. Program Members can change their account information by (i) updating their Program Member profile data at www.paragontheaters.com/rewards/ or (ii) requesting an update from a staff member at the box office or Guest Service information desk of any participating Paragon location. Program Members agree to provide only true and accurate information to Paragon. Paragon may send a Program Member messages from time to time using the contact information provided by that Program Member. Such messages may include system updates, flash bulletins, Point earnings, Reward confirmations, administrative announcements, special requests and the like, which may be sent via e-mail, regular mail, or communicated to Program Members on a receipt or displayed at the time of use of a Program membership account. In addition, by enrolling in the Program, Program Members agree to receive advertising, marketing materials and other communications, unless expressly disallowed as a profile preference. Paragon does not assume any, and hereby disclaims all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.
Privacy Policy
To see the Paragon Privacy Policy, please visit www.paragontheaters.com. The Paragon Privacy Policy applies to all information provided under the Program, and is incorporated herein by this reference.
Paragontheaters.com Terms of Use
To see the Paragontheaters.com Terms of Use, please visit www.Paragontheaters.com. The Paragontheaters.com Terms of Use applies to any use of the www.paragontheaters.com website in connection with the Program, and is incorporated herein by this reference.
Earning Points
Program Members may earn points (“Points”) for website, app, and in theater purchases if they are logged into their account at the time of purchase.
The purchases and transactions that qualify for Points and associated Point amounts are set forth on the Paragon website at www.paragontheaters.com/rewards/. Paragon reserves the right to change, modify or update such items and Point amounts from time to time.
No Points will be earned in connection with any of the following transactions:
- The use or other redemption of a FREE ticket.
- The purchase or reloading of Paragon Gift Cards (however, Program Members may be eligible to earn Points for qualifying transactions in connection with the REDEMPTION of Paragon Gift Cards at participating Paragon locations).
- The purchase of Paragon Group Tickets (however, Program Members may be eligible to earn Points in connection with the REDEMPTION of Paragon Group Tickets at participating Paragon locations).
A maximum of ten (10) Points may be earned on a single Program membership account in a single day, regardless of the number of transactions and/or purchases made by that Program Member.
Points earned on any single qualifying purchase or transaction may be credited only to one (1) Program membership account. Either a Diamond Rewards Card, Member Number, or registered phone number must be presented before the conclusion of any qualifying purchase or transaction for Points to be earned in connection with such qualifying purchase or transaction.
Paragon, in its sole and absolute discretion, periodically may offer Program Members the opportunity to receive additional or bonus Points on particular transactions or special offers.
Receiving Rewards for Points
Receiving Rewards in exchange for accumulated Points is subject to two (2) conditions: First, you must be a Program Member in good standing and in full compliance with these Terms. Second, you must confirm, or update, as necessary, all information requested by Paragon in connection with your Program membership account. Subject to these conditions and the Terms, once you have reached the requisite point level described on the Program home page at www.paragontheaters.com/rewards/, you automatically will receive a free movie pass good for any standard 2D movie, which will be valid for ninety (90) days from the date of issue (a “Free Movie Ticket”). For an additional fee, Program Members may use a Free Movie Ticket in connection with admission to a 3D presentation at participating Paragon locations. The Free Movie Ticket cannot be used for admission to any feature designated by Paragon as an IMAX or Premier presentation. Rewards, including Free Movie Tickets, are redeemable on the Paragon Theaters app exclusively.
Points have no cash value and are not redeemable for cash, gift certificates or gift cards. Paragon reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Point level. Paragon further reserves the right to modify the number of Points needed to redeem specific Rewards.
Normally, Points will be credited to a Program Member’s Program membership account on the next business day after a qualifying transaction garnering Points. In certain cases, however, it may take twenty-four (24) hours or more after a qualifying purchase for Points to be credited to a Program Member's membership account. Paragon is not be responsible for, or liable to, any Program Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting Points to a Program Member's membership account.
Rewards may be redeemed in any future transaction during the term of the Program, subject, in each case, to these Terms. Rewards may not be redeemed as a part of the same transaction where the Points giving rise to such Reward were earned.
Member Communication
Each Program Member may view his or her member activity online by logging into his or her account on www.paragontheaters.com/rewards/. Program Members also can obtain updated member information by contacting Guest Services at any participating Paragon location or by regular mail to: Paragon Entertainment Holdings, 2461 W Hillsboro Blvd., Deerfield Beach, FL 33442.
Termination
A Program Member may terminate his or her Program membership account at any time, for any reason, by notifying Paragon in any of the following ways: (1) by e-mail to questions@paragontheaters.com, (2) by visiting a Guest Services desk or box office at a participating Paragon location and requesting termination of his or her Program membership account, or (3) by delivery of a written request of the termination of his or her Program membership account by regular mail to: Paragon Entertainment, Holdings L.L.C., 1191 East Newport Center Dr. PH-H, Deerfield Beach, FL 33442, Attn: Guest Services. Upon termination by the Program Member, participation in the Program shall cease immediately and that Program Member's unredeemed Points shall be forfeited and cancelled. A Program Member's membership will terminate immediately in the event of that Program Member's death.
Paragon reserves the right to suspend, terminate or disable, at Paragon’s sole discretion, any Program membership account if Paragon believes that such Program Member has violated or acted inconsistently with the rules of the Program or these Terms. Paragon further reserves the right to terminate a Program membership account if there has been no activity on that Program membership account for twenty-four (24) months or more.
You understand and agree that disabling or terminating a Program membership account will result in your forfeiture and cancellation of accumulated Points and an inability to redeem Points or earn additional Points. In some cases, former Program Members still may receive messages (which may have been scheduled prior to such Program Member's Program membership account termination) after termination of enrollment in the Program.
Paragon reserves the right to terminate, discontinue or cancel the Program at any time, for any reason, without notice to you.
General Restrictions
Each Program Member acknowledges that he or she may participate in the Program only if and to the extent that such participation is permitted by all applicable laws, rules, and regulations. Paragon may refuse to enroll an individual, or to restrict, modify, or terminate a Program Member's participation in the Program, without liability to that Program Member or any other party, if that Program Member violates any law, rule, or regulation, or if that Program Member's participation in the Program could violate any law, rule, or regulation, as determined by Paragon in its sole discretion. Paragon 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 Program membership (including, but not limited to, cancellation of Points) shall be final and binding.
Each Program Member agrees not to abuse Program privileges by attempting to accrue Points or spend Points in a manner inconsistent with the rules of the Program or these Terms, or by attempting to earn Points fraudulently or through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with the Program.
Any attempts to communicate with a Program Member will be made using the contact information most recently provided by that Program Member to Paragon. Under no circumstances will Paragon be held liable or responsible for an inability to redeem Points or any loss whatsoever, arising from a Program Member's failure to update and maintain accurate contact information with the Program.
Should a Program Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Program, that Program Member's only recourse is to immediately discontinue participation in the Program and properly terminate his or her Program membership account in the manner provided above.
Participation in Promotions of Advertisers and Partners
Program Members acknowledge and agree that Paragon neither endorses the contents of any advertisements or communications of our partners or sponsors, if any, appearing in connection with the Program, nor assumes any 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.
Program Members understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers, sponsors, or partners due to the failure of an advertiser, sponsor or partner to provide necessary information to Paragon for such crediting of Points, or for any other reason. Program Members agree that Paragon shall not be responsible or liable for any losses, claims, costs or expenses incurred as a result of any such delay or failure to credit Points.
Paragon does not license any sponsor, advertiser, partner, Program Member or user to use any portion, or all, of the Program without the express prior written consent of Paragon.
Non-Transferability
A Program Member's right to enroll and participate in the Program is personal and non-transferable. Points and/or Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. Program membership accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Program Members agree not to forward any Program offers or promotions to others without first obtaining the express written permission of Paragon. Any offers Program Members receive are specific to that Program Member's Program membership account, unless otherwise stated.
Proprietary Rights to Content
Each Program Member acknowledges that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations, including Program Member and Program information, logos or other material contained in any Program communication, advertisement or message, information about Paragon 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 personal, non-commercial use. Program Members may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Paragon or the appropriate Program Parties (as defined below).
Notices
Notices given by the Program will be transmitted, in Paragon's sole discretion, by e-mail, regular mail, general posting on www.paragontheaters.com, postings at participating Paragon locations, or as otherwise deemed appropriate and necessary by Paragon or permitted under the law.
Disclaimer of Warranties/Limitation of Liability
The Program, and all services and Rewards offered therein, are provided on a strictly “as is” and “as available” basis. PARAGON, ITS AFFILIATES, PARTNERS, SPONSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (collectively the “Program Parties”) MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY Program MEMBERS THROUGH THE Program OR THROUGH ANY ADVERTISERS, SPONSORS OR PARTNERS. the program parties expressly disclaim any and all representations and WARRANTIES of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, informational content or non-infringement of the rights of third parties. PARAGON MAKES NO WARRANTY THAT THE Program WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
Each Program Member expressly agrees that use of, and participation in, the Program is at such Program Member's sole risk. Program Members further agree that PARAGON, and its subsidiaries, divisions, agents, affiliates, representatives or licensors shall not be liable to 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, or inability to enroll, access or use or participate in the Program or arising out of any action taken in response to or as a result of any information available through the Program. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PARAGON HAS BEEN ADVISED OF the POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PARAGON’S LIABILITY IN THOSE JURISDICTIONS WILL BE LIMITED TO the EXTENT PERMITTED BY LAW.
to the extent permitted by law, EACH Program MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST the PROGRAM parties OUT OF HIS or HER ENROLLMENT OR PARTICIPATION IN THE Program, OR USE OF THE PARAGON WEBSITE, THE INFORMATION AVAILABLE THEREON, AND THE MODIFICATION OF THESE TERMS.
Governing Law
These Terms, participation in the Program and the respective rights and obligations of the parties hereunder shall be governed by the law of the State of Florida without regard to the conflicts of laws principles of any jurisdiction.
Binding Arbitration
ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN A PROGRAM MEMBER AND PARAGON THAT ARISES OUT OF OR RELATES TO THESE TERMS (or the interpretation, breach or termination thereof) OR YOUR PARTICIPATION IN THE Program (“CLAIMS”) SHALL BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION in DEERFIELD BEACH, Florida, 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. Each Program Member agrees that all Claims will be arbitrated on an individual basis and that there will be no class or representative actions in arbitration. Program Members may not participate in a class or representative action against PARAGON 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 by that Program Member.
Indemnification
Each Program Member hereby agrees to indemnify and hold harmless Paragon, its subsidiaries, affiliates, officers, agents and other partners and employees, from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such Program Member’s: (1) participation in the Program, or (2) violation of these Terms.
Last Updated: June 26, 2019
