HOYTS REWARDS – TERMS AND CONDITIONS
1. Program Overview
(a) Hoyts Rewards (“Hoyts Rewards” or “Program”) is a loyalty program which is operated by The Hoyts Corporation Pty Limited ABN 31 006 082 551 (“Hoyts”).
(b) Hoyts operates a standard version of Hoyts Rewards, as well as a version for Students “Hoyts Rewards Students” or “Student Membership”.
(c) By enrolling and participating in the Program, you agree that you have read and understand these Terms and Conditions and are bound by all of them, as may be changed from time to time, and you consent to Hoyts’ collection and use and disclosure of your personal information in accordance with the separate Hoyts Privacy Policy (located at hoyts.com.au) as may be amended from time to time and incorporated herein by reference. Further, you acknowledge and accept these Terms and Conditions as a condition of continued membership.
(d) Hoyts specifically reserves the right to amend, alter, withdraw or terminate the Program, any Program feature, points, rewards or recognitions (“Benefit”) or these Terms and Conditions either with or without notice. Any such changes may affect Benefits, which you may have previously accumulated, as well as any future accumulation of Benefits. Enrolment, membership and all related Benefits of the Program are offered in the sole discretion of Hoyts.
2. Participation in the Program
(a) Hoyts Rewards membership and Benefits are only available at hoyts.com.au or those Hoyts Cinemas listed on Hoyts website (hoyts.com.au). Hoyts may vary the number of location of Hoyts Cinemas that offer the Program (‘Participating Cinemas’) and shall notify members of such changes via email.
(b) To enrol in the Program, members must join Hoyts Rewards and either purchase a Welcome Pack from any Participating Cinema or join online at www.hoyts.com.au
(i)Welcome Packs can only be purchased in cinema and include a Hoyts Rewards membership card with a unique Account number ascribed to them. At the time of purchase in cinema, the Account is activated to earn Benefits only, not redeem them. A free ticket is allocated to the Member at the time of purchase and can only be redeemed upon online activation.
(ii)When a member joins by purchasing a membership online a unique Account number is ascribed and provided to the member. A free ticket is allocated to the Member at the time of purchase. Members may collect a Welcome Pack at any Participating Cinema by presenting their unique Account number. Member may be asked for proof of identity (eg, Drivers License) at this time.
(iii) Student Membership may only be purchased in cinema and upon presentation of valid Australian Student identification. Student members will be issued a Welcome Pack at time of purchase.
(c) Members who purchase a Welcome Pack in cinema or join online must complete the activation of their membership to redeem Benefits by visiting Hoyts website (hoyts.com.au) and completing the Member Account form accurately and completely. Upon completing the Member Account form, members are sent an email to their nominated email address with a link to activate the membership to redeem Benefits.
(d) A Member may not gain Benefits from activities or purchases undertaken on behalf of a business.
(e) To participate in the Program, individuals must have a valid Australian address, a valid e-mail address and be 14 years of age or older.
(f) To participate in the program as a Student Member, individuals must have a valid Australian Student identification.
(g) Individuals must become and remain a Member of the Program to participate in the Program and earn and redeem Benefits. Membership is for 12 months and must be renewed annually.
(h) Hoyts Rewards membership is non-transferable, is not redeemable for cash and is non-refundable.
(i) Only those of our employees and their immediate families that are referred to in the relevant Hoyts staff policy as being eligible for membership may become members of the Program, but are not eligible to participate in any of the Competitions associated with the Program.
(j) Individuals may not simultaneously participate in Hoyts Rewards and any other Hoyts membership program, including but not limited to the Hoyts Insider (formerly the Hoyts Movie Club), Hoyts Movie Value Club,Hoyts MovieMaxx and AMC Seniors Club.
(k) If a Member of the Hoyts Insider subsequently enrols in Hoyts Rewards, they will cease to be a Member of the Hoyts Insider for so long as their Hoyts Rewards membership remains active. Should a Hoyts Rewards member’s membership expire, they will be automatically transferred to the Hoyts Insider.
(l) Hoyts Rewards membership is a privilege which can be revoked by Hoyts in its sole discretion at any time and without compensation for any reason including without limitation, for abuse or breach by a Member of any of the Terms and Conditions of the Program or any other actions deemed by Hoyts, acting in its sole discretion, to be contrary to Hoyts, the Program or the interests of its Members or partners.
(m) Hoyts assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Program or by reason of the termination of or amendment to the Program in whole or in part, the addition or deletion of reward partners or other features with or without notice.
(n) Neither Hoyts nor its respective officers, agents, employees and related bodies corporate shall be responsible for any failure of the hoyts.com.au website or for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry. In addition, neither Hoyts nor its respective officers, agents, employees and related bodies corporate shall be responsible due to technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Program. Hoyts reserves the right, at its sole discretion, to cancel or suspend this Program should a virus, bug or any other cause beyond the reasonable control of Hoyts corrupt the security or proper administration of the Program.
(o) Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program is a violation of criminal and civil laws, and should such an attempt be made, Hoyts reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
3. Membership Enrolment and Activation
(a) Hoyts Rewards membership and Benefits are only available at those Hoyts Cinemas listed on Hoyts website (hoyts.com.au). Hoyts may vary the number and location of Hoyts Cinemas that offer the Program (“Participating Cinemas”) and shall notify members of such changes via email.
(b) To enrol in the Program, Members must either purchase a Welcome Pack from any Participating Cinema or purchase a membership online. Student Membership may only be purchased in cinema.
(c) Those purchasing in cinema receive a Hoyts Rewards Welcome Pack. The Welcome Pack includes a Hoyts Rewards membership card with a unique Account number ascribed to them. A free ticket is also allocated to the Member at the time of purchase. At the time of purchase, the Account is activated to earn Benefits only, not redeem them.
(d) When members purchase a membership online, they will be activated to earn and redeem Benefits. Those purchasing online are not sent a Welcome Pack, but may collect one free of charge upon presentation of valid identification in cinema.
(e) Members must complete the activation of their membership to redeem Benefits by visiting Hoyts website (hoyts.com.au) and completing the Member Account form accurately and completely. (f) Members continue to earn Benefits for the entire term of their membership and each Hoyts Rewards Benefit remains active until its nominated expiration date; however no Benefits may be redeemed until activation is completed online or after the expiration of each membership term.
(g) Enrolment at hoyts.com.au is subject to verification and will be deemed invalid if the information is not true and/or complete.
(h) Membership fees are non-refundable.
(i) Enrolment also requires the creation of a password or a personal identification number ("Password") which is required to access your Member Account online. Disclosure of a Password or Member Account number by a Member could result in full access to a Member’s Account. Members are responsible for maintaining the secrecy of their Password, for all activities that occur using their Password and for notifying Hoyts of any unauthorised use of their Password. Hoyts is not responsible in any way for any loss arising from unauthorised use of a Member’s Password or a Member’s failure to comply with these provisions.
(j) Each Member shall be responsible for updating their Member Account to reflect any change of their name, mailing address, e-mail address, mobile phone number or any other required membership enrolment data. Members update their details on a ‘self-service’ basis by visiting Hoyts website (hoyts.com.au). Member Account details cannot be updated in Hoyts Cinemas. Hoyts and its respective officers, agents, employees and related bodies corporate shall not be liable for misdirected communications such as mail or e-mail or any consequences thereof.
(k) Upon purchasing membership in cinema, Members are issued a card ("Hoyts Rewards membership card ") used for collecting and redeeming Benefits. Members who purchase membership online mau collect a Welcome Pack containing a Hoyts Rewards membership card from a participating Hoyts Cinema at no cost. This Hoyts Rewards membership card will be associated with one membership number. Hoyts Rewards membership cards are not transferable. Hoyts Rewards membership cards remain the property of Hoyts at all times and must be used by the Member only for the purposes contemplated by these terms and conditions and in the manner directed by Hoyts.
(l) By enrolling in the Program, Members consent to receive the Hoyts Rewards e-newsletter as well as other email and SMS communications containing session times, movie information, special offers about the Program and its rewards and services.
(m) Hoyts does not collect personal information on its website from individuals it actually knows to be under 14 years of age. The Program is not marketed to or directed towards children under 14 years of age. Hoyts requests that website visitors under 14 years of age not disclose or provide any personal information. If Hoyts discovers such information, it will delete the child’s personal information from its records. If for any reason Hoyts believes a user may be under the age of 14, it reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 14, all personal information regarding that individual shall be deleted from the Hoyts system and Hoyts reserves the right to limit and/or ban the user from membership in the loyalty Program and from hoyts.com.au.
(n) Note to Parents: Hoyts encourages parents to supervise their children’s Internet activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.
4. Renewing membership
(a) Membership lasts 12 months and must be renewed annually in cinema or via the website (hoyts.com.au).
(b) Student members must present valid Australian Student identification when renewing in cinema to retain Student membership benefits.
(c) Membership cannot be extended and no grace period will be granted.
5. Free ticket for enrolment and renewal
(a) When Members purchase a Welcome Pack in cinema, join online or renew their annual membership, they are given one free general admission ticket.
(b) The free enrolment ticket is redeemable for one general admission seat to any movie session including Bean Bag cinema and Xtremescreen. The pass may not be used for premieres, special or group events or for any screenings in Hoyts IMAX ®, La Premiere, Directors Suite, or 3D.
(c) The free enrolment ticket may be used at the same time as a Hoyts Rewards Points redemption, but cannot be used in conjunction with any other offer.
(d) The free enrolment ticket must be used within six (6) months of it being issued (ie the date of Welcome Pack purchase in cinema, date joined online or membership renewal date) and cannot be exchanged or replaced.
(e) Please note that due to advance booking policies the film and performance you wish to attend may be sold out and seats might not be available.
(f) The Member is not entitled to any preferential right over other cinema patrons.
(g) Film classification rules apply. ID may be required.
(h) The Cinema Manager's decision is final.
(i) The free enrolment ticket has no monetary value and therefore cannot be exchanged for cash at the cinema. It is not transferable and cannot be re-sold.
(j) Normal cinema rules apply.
6. Earning Benefits
(a) The terms "Hoyts Rewards Points" or "Points" mean the points awarded for purchases made while being a Hoyts Rewards Member. Other benefits may include discounted or free tickets or food and beverage items, entry into Members-only competitions or eligibility for Members-only products, services or offers. Collectively, such points, rewards or recognitions are known as “Benefits”.
(b) To earn or be eligible for Benefits in the levels and under the conditions and restrictions determined by Hoyts from time to time, you must be a member of Hoyts Rewards at the time of transaction, present your Hoyts Rewards membership card, or where possible supply your unique Hoyts Rewards Account Number, when you purchase eligible Hoyts products and services in cinema, or via the website, self service kiosks or mobile phone services for any participating Hoyts Cinema.
(c) Certain Hoyts products and services, such as some coupons, vouchers, offers and admission passes are not eligible towards the earning of Benefits including Points.
(d) If included in the Program, vouchers and gift cards earn Hoyts Rewards Points upon their use, not upon purchase. Points for vouchers are provided at a fixed level, regardless of the purchase price.
(e) Points may not be earned in conjunction with any other offer or program.
(f) Hoyts Rewards Members may be eligible to receive discounts on select purchases at Participating Cinemas.
(g) In addition, from time to time, Hoyts may invite reward partners to work with Hoyts to provide more benefits and opportunities to Members. Hoyts may also advertise offers for which Members may earn additional Hoyts Rewards Points or may redeem for additional rewards. In such instances, members’ personal information is not shared with partners or advertisers.
(h) Learn more about earning or redeeming Hoyts Rewards Points by visiting hoyts.com.au.
(i) To earn Hoyts Rewards Points or redeem Benefits, Members must present their personal valid Hoyts Rewards membership card or supply their unique Hoyts Rewards Account Number before the completion of the purchase transaction. No Benefits will be earned or applied if a Member does not present their personal valid Hoyts Rewards membership card or supply their unique Hoyts Rewards Account Number before the completion of the purchase transaction.
(j) It is the Members’ responsibility to remember to present their Hoyts Rewards membership card or supply their unique Hoyts Rewards Account Number. Hoyts is in no way responsible or liable if Members do not do so before the completion of the purchase transaction.
(k) If a Member does not have their Hoyts Rewards membership card at the time of a purchase in a Hoyts Cinema, they may supply their unique Hoyts Rewards Account Number to a Hoyts salesperson or provide personal details along with valid photo identification such as a driver’s license and a Hoyts salesperson will use reasonable endeavours to locate Membership Account details. If Membership Account details cannot be located, no Benefits will be earned or applied.
(l) Multiple members may present their Hoyts Rewards membership cards to earn Benefits in the same transaction.
(m) Points may only be earned on either one Adult ticket or one Student ticket or one Senior ticket per card / per transaction / per session, plus an unlimited number of Child tickets.
(I) AMC Value Cards cannot be used in the same transaction with a Hoyts Rewards membership card to earn Hoyts Rewards points on discounted tickets.
(n) Any unauthorised reproduction of a Hoyts Rewards membership card may lead to a deduction of or loss of all Hoyts Rewards Points in such Account, exclusion from the Program and may have additional legal consequences, all in the sole discretion of Hoyts.
(o) Hoyts, its respective officers, agents, employees and related bodies corporate may refuse to record or honour Benefits in a Member’s Account, or if already recorded, may cancel such Benefits, if Hoyts cannot confirm that the Points were properly issued or obtained.
(p) If a Member believes that any Account statement of Benefits in their Account is in error, they must email rewardsservices@hoyts.com.au within 14 days of the date of the Account statement or such statement will be deemed correct, except for excess Hoyts Rewards Points improperly noted in their Account. Members should include as much information as possible, such as when they visited the cinema; what film they saw, where and when they saw it, the transaction number located on their ticket or receipt, plus their Member Account number so the matter can be investigated. Hoyts may require that Members submit documentation to support each claim.
(q) Each Hoyts Rewards Benefit will be subject to any individual terms and conditions specified by Hoyts. However, some of the standard terms and conditions are as follows:
I) Hoyts’ decision on all matters relating to a Hoyts Rewards Benefit will be final and not subject to challenge or review.;
II) Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;
III) Neither Hoyts nor our officers, agents, employees and related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.
(r) To the extent of any conflict between Clause 6.16 and individual Hoyts Rewards Benefit terms and conditions, the latter will prevail.
7. Entering Competitions
(a) Hoyts may also from time to time make available to Members promotions and competitions (collectively, “Competitions”). Where applicable, Members may enter Competitions within Participating Cinemas or via the Member area of the Website whereby members log into the Website (hoyts.com.au).
(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. 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 a person otherwise entitled to an award or prize is under the age 18, we reserve the right to instead give the award or prize to that person’s parent or guardian;
III) 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;
(IV) Hoyts’ decision on all matters relating to a Competition will be final and not subject to challenge or review;
(V) Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;
(VI) Neither Hoyts nor our officers, agents, employees and related bodies corporate 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.
8. Returns and/or Exchanges
(a) In the event of a return and/or exchange of any purchase for which Hoyts Rewards Points were allocated, Hoyts Rewards Points will be deducted automatically from your Account. Your Hoyts Rewards Points balance will be reduced by the equivalent number of Hoyts Rewards Points issued for the returned or exchanged items on the original transaction.
(b) If Hoyts is unable to deliver on a Member’s purchase through no fault of the Member, (for example a film session is cancelled midway), and Hoyts issues a refund or exchange, the Member will retain their Hoyts Rewards Points associated with that transaction.
9. Redemption of Points and other Benefits
(a) Hoyts Rewards Points may be redeemed for admission tickets, selected food and beverage items at Participating Cinemas, or any other rewards Hoyts may offer from time to time.
(b) Members must have enough Points to redeem items in full (ie items cannot be redeemed via a combination of Points and money).
(c) Hoyts Rewards Points can only be redeemed if the required Point redemption level is acquired prior to the redemption transaction.
(d) Points cannot be redeemed on the same day on which they were earned.
(e) See hoyts.com.au for redemption rates, details and restrictions that may apply.
(f) To redeem Hoyts Rewards Points or Benefits, Members must present their Hoyts Rewards membership card or key fob or supply their unique Hoyts Rewards Account Number before the completion of the transaction at a Participating Cinema. Your Account number and Password will be required for any available automated or online redemption.
(g) A Member’s Hoyts Rewards Points balance will be reduced by the number of Points required to obtain the desired Point redemption level. Unredeemed Hoyts Rewards Points plus any Points earned in the current transaction will remain in your Account and can be applied to subsequent transactions up until they expire two years after the date on which they were earned.
(h) Members may be required to provide proof of and/or authentication of their identity when redeeming Hoyts Rewards Points to protect the integrity of their Account and to verify their Member status. In the event you do not have proof of identity, Members may not be allowed to redeem Hoyts Rewards Points. (i) Hoyts may include or remove in the Program additional reward partners in its sole discretion.
(j) Benefits are personal and cannot be assigned, traded, or otherwise transferred without the prior written consent of Hoyts or otherwise in accordance with the Terms and Conditions of the Program, as may be amended from time to time. Any assignment or transfer in violation of these rules will be void and may, at the sole discretion of Hoyts, result in the loss of membership or the cancellation of the affected Benefits or Account, as the case may be.
(k) A Member may not sell, exchange, give, charge or otherwise dispose of any Hoyts Rewards Point or Benefit. Benefits have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against Hoyts and cannot be converted to cash. There may be circumstances where a Member may be responsible for any taxes applicable to Benefits.
(l) Student member will be required to present valid Australian Student identification when purchasing Student Benefits or tickets in cinema or presenting student tickets purchased online.
10. Expiration of Benefits
(a) Hoyts Rewards Points expire two years after the date on which they were earned. Other Benefits will have varying expiration dates. See hoyts.com.au for expiration dates, details and restrictions that may apply.
(b) Expiration of annual membership will not cause Benefits to simultaneously expire, however the term of validity on Benefits will continue even while the membership is expired. If a Member subsequently reactivates their annual membership after that membership has expired, they will regain the ability to redeem any Benefits that have not expired.
(c) No Hoyts Rewards Benefit may be redeemed if annual membership has expired, even if Benefits have not also reached their expiration date.
(d) The expiration dates of Benefits may be extended at Hoyts’ discretion only if Hoyts is solely responsible for causing Members to be unable to redeem those Benefits before they expired.
11. Lost, stolen or damaged membership cards and key fobs
(a) Lost or stolen cards should be reported immediately by emailing rewardsservices@hoyts.com.au. When Hoyts is made aware of a lost or stolen Hoyts Rewards membership card, it will flag the Hoyts Rewards membership card as lost or stolen and the associated Hoyts Rewards Membership Account will be rendered inactive.
(b) Hoyts is not responsible for any redemption made by a third party using a lost or stolen Hoyts Rewards membership card.
(c) Members can collect a replacement Hoyts Rewards membership card on their next visit to a Participating Cinema. Valid identification will be required before a replacement Hoyts Rewards membership card is issued. A replacement fee may be applied for each re-issued Hoyts Rewards membership card, with the charge set at Hoyts’ sole discretion.
(d) All Benefits that the Member was eligible to redeem at the time Hoyts is made aware that the Member’s Hoyts Rewards membership card was lost or stolen will be applied to the replacement Hoyts Rewards membership card for redemption.
12. Members’ Website functionality
(a) The Program provides significant website functionality to members. General terms and conditions for Hoyts’ website apply and may be found at www.hoyts.com.au.
(b) Members acknowledge and agree that when using the Website, they will be exposed to Member-submitted content (“Member Submissions”) from a variety of sources, and that Hoyts is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. Members further understand and acknowledge that they may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hoyts with respect thereto, and agree to indemnify and hold Hoyts, its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors and/or licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Hoyts Website.
(c) A Member Submission is the sole responsibility of the person from which such submission originated. In connection with the foregoing, Members acknowledge and agree that they are entirely responsible for all Member Submissions that they submit and they represent and warrant that:
(I) they own or have the necessary licenses, rights, consents, and permissions to use and authorise Hoyts to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by Hoyts and the Hoyts Rewards Terms and Conditions;
II) they have the written consent of each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated by Hoyts and the Hoyts Rewards Terms and Conditions.
(d) Without limiting the generality of the foregoing, under no circumstances shall any disclosure of any Member Submission or related material to Hoyts’ website be subject to any obligation of confidentiality or expectation of compensation. By submitting content or any related material to Hoyts’ website, Members are representing and warranting to Hoyts that the submitted content (and all parts of it) or any related material are wholly original to the Member, that no one else has any rights in the submitted content or any related material and that Hoyts is free to implement, publish, distribute, reproduce, communicate (and authorise the communication of), transmit, modify and otherwise exploit the submitted content (including any idea and/or suggestion) and to use the related material if it so desires, as provided or as modified by Hoyts, without obtaining permission or license from you or any third party.
(e) Hoyts does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Hoyts shall make commercially-reasonable efforts to monitor Member Submissions at all times to determine compliance with the Terms and Conditions and any operating rules established by Hoyts and to satisfy any law, regulation or authorised government request.
(f) With respect to your Member Submission, Members agree to not use the Website to submit any content that:
I) is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
II) could be harmful to minors;
III) harasses or bullies or advocates harassment or bullying of another person;
IV) promotes information that is false, misleading, is illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
V) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or movies or links to pirated music or movie files;
VI) contains or displays any trademark and associated logo(s) owned by or licensed to a third party, unless you have the express written consent from such third party to use and to authorise Hoyts to use such trademark and/or logo(s);
VII) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
VIII) provides material that exploits people in a sexual or violent manner;
IX) contains or displays content of a sexually explicit nature; nudity, sexual activity etc. ;
X) solicits personal information from anyone under eighteen (18) years of age;
XI) facilitates the impersonation of another person in furtherance of identity theft and/or fraud;
XII) provides instructional information about illegal activities such as by way of example only, making or buying illegal weapons, drugs or movies or video, violating someone's privacy, or providing or creating computer viruses;
XIII) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
XIV) engages in commercial activities and/or sales without Hoyts’ prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
XV) contains or will contain any disabling mechanism or protection feature designed to prevent its use including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Website and any world wide web pages or any operating system software or hardware on which the Website is operated or displayed;
XVI) reveals any story, plot, casting or other ‘spoiler’ information of any current or forthcoming film release.
(g) All users of the Website are encouraged to report inappropriate content to Hoyts via:
I) rewardssservices@hoyts.com.au
II) the "Report" link located in the Website.
(h) Hoyts reserves the right to investigate and take appropriate legal action against anyone who, in Hoyts' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. All reports of inappropriate content will be investigated in a timely manner. These prohibitions are inserted for the benefit of Hoyts and, subject to applicable laws and regulations, may be waived at Hoyts’ sole discretion.
(i) Hoyts reserves the right, in its sole and absolute discretion, to remove content and/or Member Submissions without prior notice. You acknowledge and agree that Hoyts may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
I) comply with legal process;
II) enforce the Terms and Conditions and Hoyts’ Privacy Policy;
III) respond to claims that any content or Member Submissions violate the rights of third parties;
IV) protect the rights, property, or personal safety of Hoyts, its users and the general public.
(j) Members retain all of their ownership rights in their Member Submission. However by uploading and/or posting a Member Submission to the Website, Members:
I) grant Hoyts a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Member Submission for any purpose via all forms of media now known or hereafter devised; and (ii) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights;
II) (i) agree to waive all moral rights in their Member Submission in favour of Hoyts; (ii) consent to their nickname appearing as the contributor of their Member Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your Member Submission; (iii) acknowledge and agree that Hoyts is not responsible for any loss, damage, or corruption that may occur to the Member Submission; and (iv) acknowledge and agree that any Member Submission provided for display on the Website is non-confidential;
III) grant each user of the Website a non-exclusive license to access their Member Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions as permitted through the functionality of the Website and under the Terms and Conditions.
(k) Hoyts, in its sole discretion, may suspend or terminate a Member’s Password, Account (or any part thereof) or use of the Website, and remove and discard any Member Submissions within the Website at its convenience and for any reason whatsoever including, without limitation, if Hoyts believes that a Member has violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Hoyts may also in its sole discretion and at any time discontinue the Website, or any part thereof, with or without notice. Any suspension and/or termination of Members’ access to the Website may be effected without prior notice, and acknowledge and agree that Hoyts may immediately deactivate or delete a Member’s Account and all related information and files in their Account and/or bar any further access to such files or the Website generally. Hoyts shall not be liable to Members or to any other person as a result of any such suspension or termination.
(l) Members’ sole and exclusive remedy if they are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Hoyts in operating the Website, is to discontinue using the Website.
(m) Hoyts reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
13. Committed to Your Privacy
(a) Hoyts and its respective officers, agents, employees and related bodies corporate (collectively, "we" or "our") are committed to protecting your privacy. We collect your personal information for the following purposes to:
I) set up and administer the Program including ongoing management of Accounts, and to accurately record Points and up-to-date Point balances;
II) process and issue Benefits;
III) allow Members to participate in promotions and competitions;
IV) communicate with Members, to deliver a e-newsletter and SMS communications;
V) understand Member needs and preferences, and to provide Members with products and services that meet their needs or interests;
VI) recommend our products and services, or the products and services of third parties we select that may be of interest to Members;
VII) provide Members with special offers and rewards from Hoyts and our sponsors and reward partners;
VIII) facilitate or enable any corporate or commercial transaction involving Hoyts.
(b) Hoyts will obtain consent before using personal information for a purpose that has not been specified, unless the new purpose is required by law. See the Hoyts Privacy Policy at hoyts.com.au, incorporated herein by reference, for further details. Member information is considered a Hoyts asset. If our business is transferred to a new owner, Member personal information may be transferred to and considered an asset of the new owner.
14. Termination, Changes and Breach
Hoyts may change these Terms and Conditions, any aspect of the Program including redemption procedures or any Benefits or rewards in any respect, all without notice and even though changes may affect the value of Hoyts Rewards Points already accumulated. For current Terms and Conditions and other Program details and information, visit hoyts.com.au.
15. General
These Terms and Conditions constitute the entire agreement between you and Hoyts regarding your participation in the Program, your entitlement to collect and redeem Hoyts Rewards Points and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with Hoyts or its respective officers, agents, employees and related bodies corporate over the Internet, you consent to the formation of contractual relations through electronic communications. Hoyts has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program.
16. Students
(a) Become a Hoyts Rewards Student member by joining in cinema only with valid Australian Student identification and paying the membership fee.
(b) Non Student general members may transfer to a Student membership in cinema with valid Australian Student identification. No refund of membership fees will be given.
(c) To renew as a Student member, members must renew in cinema with valid Australian Student identification.
(d) Student members can access one discounted “Student Monday” general admission ticket for a maximum of three individual sessions each Monday, excluding IMAX, Bean Bag, La Premiere, Director’s Suite, premieres, special or group events. An additional surcharge applies for Xtremescreen or 3D sessions.
(e) “Student Monday” tickets are only accessible once the member has activated their Student membership online and for movie sessions showing on a Monday only.
(f) Student members must present valid Australian Student identification when purchasing Student tickets in cinema or at the ticket collection point when presenting Student tickets purchased online.
