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) 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 amended from time to time. 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, HOYTS Dollars or rights (“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 locations 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 as set out in these Terms and Conditions
(c) A Member may not gain Benefits from activities or purchases undertaken on behalf of a business.
(d) To participate in the Program, individuals must have a valid e-mail address, a valid mobile phone number and be 14 years of age or older.
(e) Individuals must become and remain a Member of the Program to participate in the Program and earn and redeem Benefits. Membership of Silver Tier is for 12 months and must be renewed annually and members must pay the required annual fee applicable to their Tier level. Bronze Tier membership does not have an expiry date.
(f) HOYTS Rewards membership is non-transferable, is not redeemable for cash and is non-refundable.
(g) Only Hoyts 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.
(h) Individuals may not simultaneously participate in HOYTS Rewards and any other HOYTS membership program which may be run by HOYTS from time to time.
(i) 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.
(j) 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 value or availability of Benefits, or the addition or deletion of Benefits, reward partners or other features with or without notice.
(k) 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.
(l) 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
Free to join
(Join online only)
$13 per annum
(Join online or in-cinema)
Discount for Movie of the Week
Discount for Movie of the Week
Candy bar promotions
Candy bar promotions
Pre-sale on select blockbusters
Pre-sale on select blockbusters
Free general admission adult ticket on activation
0.10 HOYTS Dollars per $1 spend on eligible purchases
Free extra scoop at Ben & Jerrys, when purchasing a scoop
(only available at cinemas with a Ben & Jerrys scoop store)
Bonus HOYTS Dollars earn offers
Off-peak members only pricing for Seniors
(a) To enrol in the Program, Members must either:
(i) purchase a Silver membership at a Participating Cinema for a fee. Upon purchasing a membership, members will be given a Welcome Pack. Welcome Packs are only available at Participating Cinemas and include a HOYTS Rewards membership card with a unique Membership number ascribed to them. At the time of purchase of a membership at a cinema, the Account will be activated to earn Benefits only, not redeem them. To redeem Benefits, Members must complete the activation of their membership by visiting the HOYTS website (hoyts.com.au) and completing the Member Account form accurately and completely. Upon completing the Member Account form, members will be sent an email to their nominated email address with a link to activate the membership to redeem Benefits. A free ticket will also be allocated to the Member at the time of purchase of a Silver membership and can only be redeemed upon online activation. Members who wish to upgrade their membership to a higher Tier will be required to pay an additional fee as part of the registration process.
(ii) purchase a Silver membership online at hoyts.com.au for a fee. When a member joins by purchasing a membership online, a unique Account number is ascribed and provided to the member. A free ticket will also be 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 (e.g, Driver’s License) at this time. Memberships purchased online will be activated to earn and redeem benefits.
(iii) Enrol into the Bronze membership online for no fee (not available for enrolment in person at Participating Cinemas).
(b) Enrolment at hoyts.com.au is subject to verification and will be deemed invalid if the information is not true and/or complete.
(c) Membership fees are non-refundable.
(d) Enrolment also requires the creation of a password or a personal identification number ("Password") which must be utilised to access your Member Account online. Disclosure of a Password or Membership 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.
(e) 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.
4. Marketing, Promotions and Personal Information
(a) By enrolling in any Tiers of the HOYTS Rewards Program, Members will be automatically enrolled into and consent to receiving marketing communications, including but not limited to 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. It is the responsibility of the individual member to set their own communication preferences at hoyts.com.au/myhoyts. Members can also opt-out of individual email communications categories by selecting unsubscribe on the email footers.
(b) 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 must 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.
(c) 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.
(d) 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.
5. Renewing Membership
(a) Silver memberships lasts 12 months and must be renewed annually in cinema or via the website (hoyts.com.au). Bronze membership does not expire hence does not require renewal.
(b) Silver members will be advised via email when their membership is coming up to renewal and will be given 3 opportunities to renew before the 12 months has passed.
(c) Members who have not renewed will be relegated to the Bronze Tier and can still take advantage of the Bronze Tier benefits.
(d) Membership cannot be extended and no grace period will be granted.
6. Benefits of Membership
6.1 HOYTS Rewards membership and Benefits are only available at Participating Cinemas. Benefits include:
(a) Free ticket
- When Members purchase a Welcome Pack in cinema, join online or renew their annual membership, they are given one free general admission ticket relevant to their Tier as outlined in Clause 3.
- The free enrolment ticket is redeemable for one general admission seat to any movie session. Surcharges apply for sessions in Bean Bag, Xtremescreen, 3D, HOYTS IMAX, or HOYTS LUX. This pass may not be used for premieres, special events or group events.
- The free enrolment ticket may be used at the same time as a HOYTS Dollars redemption, but cannot be used in conjunction with any other offer.
- The free enrolment ticket must be used within six (6) months of it being issued (i.e. the date of Welcome Pack purchase in cinema, date joined online or membership renewal date) and cannot be exchanged or replaced.
- Please note that due to advance booking policies the film or performance you wish to attend may be sold out and seats might not be available.
- The Member is not entitled to any preferential right over other cinema patrons.
- Film classification rules apply. ID may be required.
- The Cinema Manager's decision is final.
- 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.
- Normal cinema rules apply.
(b) HOYTS Dollars Earn and Redemption
- Members will continue to earn HOYTS Dollars for the entire term of their membership and each HOYTS Dollar remains active until its nominated expiration date.
- HOYTS Dollars may not be redeemed until activation is completed online. HOYTS Dollars may not be redeemed after the expiration of the Silver membership term.
- Enrolment at hoyts.com.au is subject to verification and will be deemed invalid if the information is not true and/or complete.
- HOYTS Dollars can only be earned on the Silver membership Tier. Exclusions to certain ticket types and limitations apply. HOYTS Dollars cannot be earned or redeemed by Bronze Tier members.
- Bronze members are able to upgrade to the Silver Tier at any time during their membership and start earning HOYTS Dollars, by changing their membership Tier online at hoyts.com.au or in Cinema. A fee applies for membership Tier changes.
- The term "HOYTS Dollars" means the HOYTS Dollars awarded for purchases made by a HOYTS Rewards Member of any Tier except Bronze.
- To earn HOYTS Dollars at the Silver Tier level 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.
- Certain HOYTS products and services, such as some coupons, vouchers, offers and admission passes are not eligible towards the earning of HOYTS Dollars.
- If included in the Program, vouchers and gift cards earn HOYTS Dollars upon their use, not upon purchase. HOYTS Dollars for vouchers are provided at a fixed level and are subject to change at any time, regardless of the purchase price.
- HOYTS Dollars may not be earned in conjunction with any other offer or program.
- 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 Dollars or may redeem for additional rewards. In such instances, members’ personal information is not shared with partners or advertisers.
- Learn more about earning or redeeming HOYTS Dollars by visiting hoyts.com.au.
- To earn HOYTS Dollars 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.
- 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.
- 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.
- Multiple members may present their HOYTS Rewards membership cards to earn HOYTS Dollars in the same transaction on certain tickets. HOYTS Dollars may only be earned on either one Adult ticket, one Student ticket, one Concession ticket or one Senior ticket per card / per transaction / per session
- HOYTS Dollars can only be earned on a maximum amount of $150 per single eligible transaction, which equates to $15 HOYTS Dollars.
- HOYTS Dollars can be earned on any number of child tickets up to a maximum value of $150 in any single eligible transaction
- HOYTS Dollars cannot be earned on Corporate or Group Bookings.
- HOYTS Dollars are earned at a rate of 10% of any eligible transaction, however, maximum earn thresholds apply for the following voucher & ticket types:
- Voucher tickets: maximum of 1.45 HOYTS Dollars per ticket
- Voucher tickets Premium: maximum of 2.8 HOYTS Dollars per ticket
- Voucher tickets Senior: maximum of 0.85 HOYTS Dollars per ticket
- Voucher tickets Child: maximum of 1.1 HOYTS Dollars per ticket
- Black card: 0 HOYTS Dollars – not eligible for HOYTS Dollars to be earned
- AMC Value Cards cannot be used in the same transaction with a HOYTS Rewards membership card to earn HOYTS Dollars on discounted tickets.
- Any unauthorised reproduction of a HOYTS Rewards membership card may lead to a deduction of or loss of all HOYTS Dollars in such Account, exclusion from the Program and may have additional legal consequences, all in the sole discretion of HOYTS.
- 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 HOYTS Dollars were properly issued or obtained.
- If a Member believes that any Account statement of Benefits in their Account is in error, Members must contact the Hoyts guest experience team within 14 days of the date of the Account statement or such statement will be deemed correct, except for excess HOYTS Dollars improperly credited to any 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.
- Each HOYTS Rewards Benefit will be subject to any individual terms and conditions specified by HOYTS.
- HOYTS’ decision on all matters relating to a HOYTS Rewards Benefit will be final and not subject to challenge or review;
- Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;
- Neither HOYTS, 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.
- To the extent of any conflict between these terms and conditions and individual HOYTS Rewards Benefit terms and conditions, the latter will prevail.
- HOYTS Dollars 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.
- Members must have enough HOYTS Dollars to redeem items in full (i.e. items cannot be redeemed via a combination of HOYTS Dollars and money).
- HOYTS Dollars can only be redeemed if the required redemption level is acquired prior to the redemption transaction.
- HOYTS Dollars cannot be redeemed on the same day in which they were earned.
- See hoyts.com.au for redemption rates, details and restrictions that may apply.
- To redeem HOYTS Dollars or Benefits, Members must present their HOYTS Rewards membership card 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.
- A Member’s HOYTS Dollars balance will be reduced by the number of HOYTS Dollars required to obtain the desired HOYTS Dollars redemption level. Unredeemed HOYTS Dollars plus any HOYTS Dollars 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.
- Members may be required to provide proof of and/or authentication of their identity when redeeming HOYTS Dollars 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 Dollars.
- 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.
- A Member may not sell, exchange, give, charge or otherwise dispose of any HOYTS Dollars 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.
(c) Discount, Free and Exclusive Offers
- Members of the Silver Tier are eligible to obtain one free scoop of Ben & Jerrys ice cream when purchasing a scoop at any cinema where Ben & Jerrys scoop stores are located. A limit of 1 free scoop per member per day applies. A scoop refers to an ice cream served in a cone.
- Members are eligible to access a promoted Movie of the Week at discounted pricing. The pricing may be different dependent on the Tier of the member.
- From time to time, members may be offered an opportunity to take advantage of discounted, free or exclusive offers, as presented by HOYTS Rewards. Such offers will typically be across box office ticketing, candy bar and movie based, however, are not limited to these.
- Offers could be communicated to Members via a variety of channels which may include but are not limited to email, website (logged-in experience), social media, SMS or in-cinema.
- Members will be able to access pre-sale tickets 12 hours before the general public on selected movies. Pre-sale availability is dependent upon worldwide on-sale dates and ability to offer a pre-sale window. Pre-sale tickets will be available on hoyts.com.au.
- Members must sign in to their HOYTS Rewards account at hoyts.com.au to access Pre-sale tickets.
- 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 where members will be required to log into the Website (hoyts.com.au).
- We may publish names of winners of Competition prizes.
- 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:
- Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;
- 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;
- 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;
- HOYTS’ decision on all matters relating to a Competition will be final and not subject to challenge or review;
- Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;
- 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.
- To the extent of any conflict between these standard terms and individual Competition terms and conditions, the latter will prevail.
(f) Monday – Friday $8 day pricing for HOYTS Rewards members aged 60+
- Eligible members of the Silver Tier will be eligible to obtain discounted ticket pricing during Monday – Friday, for movie sessions commencing prior to 5pm.
- To be an eligible member, that member must be over 60 years old and have registered their date of birth in their HOYTS Rewards member profile.
- Providing members meet these criteria, those members will be able to access this pricing by booking online or in-cinema.
- Eligible members may be asked to provide proof of age upon request to verify eligibility for this member benefit.
- As membership is for individual use, eligible members may purchase a maximum of one (1) ticket per session, and for personal use only.
- Tickets will be priced at $8 and may be subject to change. This price excludes the online booking fee(s) if booking online. Any applicable surcharges also apply.
- This offer is not valid at HOYTS LUX cinemas.
- This offer is valid during school holidays.
- This offer is not valid on public holidays.
- Members are eligible to redeem this ticket with their accrued HOYTS Dollars.
- This offer is not valid at HOYTS Tweed.
7. Expiration of Benefits
(a) HOYTS Dollars 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) Silver members who do not renew their membership by their expiry date will be automatically relegated to the Bronze Tier. Members will be able to take advantage of the benefits of the Bronze Tier only, until such time that they renew their membership and pay any applicable membership fee.
(c) If a member chooses to renew their membership to a Silver Tier and still has a HOYTS Dollars balance, the member must allow up to 1 hour for the HOYTS Dollars to be reactivated and available for use.
(d) 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.
(e) HOYTS Dollars may not be redeemed if Silver annual membership has expired, even if the HOYTS Dollars have not also reached their expiration date.
(f) The expiration dates of HOYTS Dollars 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.
(g) Tier Changes
i) Members are able to move to a higher Tier at any time by payment of the appropriate fee.
ii) If the member moves to a higher Tier and has more than 1 month remaining until their expiry date, the Tier change date will become their new activation date, where ‘activation’ means commencement of membership
iii) If the member moves to a higher Tier with less than 1 month remaining until their expiry date, their original expiry date will be extended 12 months
(h) Should a member not engage with their account in any way for a period of 2 years, HOYTS reserves the right to delete the account and the member will forfeit any accumulated benefits within that account. For clarity, engaging with an account constitutes either of the following actions:
i) Transactional activity such as purchasing a ticket or candy bar items
ii) Logging into the account online or via mobile App
8. Returns and/or Exchanges
(a) In the event of a return and/or exchange of any purchase for which HOYTS Dollars were allocated, HOYTS Dollars will be deducted automatically from your Account. Your HOYTS Dollars balance will be reduced by the equivalent number of HOYTS Dollars 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 Dollars associated with that transaction.
9. Lost, stolen or damaged membership cards
(a) Lost or stolen cards should be reported immediately by notifying the Hoyts customer service team. 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.
10. 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) Contact Us link on the Hoyts.com.au website
II) the "Report" link located on the Hoyts.com.au 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;
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.
11. 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 HOYTS Dollars and up-to-date HOYTS Dollar balances;
II) process and issue Benefits;
III) allow Members to participate in promotions and competitions;
IV) communicate with Members, to deliver a e-newsletters, surveys 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.
(c) HOYTS may share aggregated and anonymised Member data with third parties so long as that aggregated and anonymised Member data cannot be reasonably traced back to an individual.
(d) 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.
12. 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 Dollars already accumulated. For current Terms and Conditions and other Program details and information, visit hoyts.com.au.
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 Dollars 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.