1. MEMBERSHIP AND GENERAL TERMS/CONDITIONS

a. Members of the Program agree to these terms and conditions (“Agreement”), as published and subject to periodic update at ncgmovies.com/myncgrewards. This Agreement replaces all previously published information, and Members have the responsibility to check for any updates. If this Agreement is updated, any changes will apply to all Members, including Members enrolled before NCG Cinema posts the updated text, except as may be prohibited by law. NCG Cinema may change this Agreement, in whole or in part, at any time without notice, even though changes may affect rewards and benefits earned before such changes.

b. By enrolling in the My NCG Rewards program, Members agree to receive advertising, marketing materials and other Program communications. Members will be asked to provide an first name, last name, email address and phone number to register the account; which allows the member to redeem rewards. We expect Members to submit and maintain accurate and current user information in connection with their Membership. Members can change their account information by updating Member profile data through an authenticated ncgmovies.com, the NCG Cinema App, at any NCG box office. We cannot assume any, and disclaim all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.

c. Membership is valid at participating NCG Cinema Locations. Membership is open to residents of the US who are 14 years of age or older. If a Member is between 14 and the age of majority, the Member, by enrolling in the Program, acknowledges that he/she has obtained permission to do so from a parent or legal guardian. NCG Cinema does not knowingly collect information about individuals under 14 years of age. If you are a parent or guardian or other person and become aware of information collected from an individual under 14 years of age, please contact NCG Cinema immediately. Employees of NCG Cinema are prohibited from joining or maintaining an active MY NCG Rewards Account. Members whom gain employment with NCG Cinemas will have their account put on hold until employment ends.

d. Membership accounts, benefits, points, special offers, and rewards (i) are nontransferable, (ii) have no cash value and are not gift cards or gift certificates, (iii) may not be offered for resale, and (iv) are not redeemable for cash under any circumstance. Accumulated points, rewards and special offers do not constitute property of the Member, nor are accumulated points, rewards and special offers transferable by the Member upon death, as part of a domestic relations matter or otherwise. Points cannot be earned, nor NCG Cash be spent, towards the purchase of NCG Gift Cards or e-Gift Cards.

e. Abuse of the Program, including failure to follow this Agreement, may result in cancellation of the Member’s Account, future disqualification from participation and forfeiture of all points, rewards and special offers accrued, in addition to other remedies available to us under applicable law. NCG Cinema reserves the right to take appropriate legal action as it deems necessary and will be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.

We reserve the right to terminate a Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, abusive, vulgar, or offensive behavior by the member towards any NCG Cinema Employee or other customer of NCG Cinema while on property, and our belief that continued use of such Membership would violate any provision of this Agreement or applicable law, or would otherwise be harmful to our interests. In the event of any such termination, all earnings will be expired.

We may terminate or alter any or all of the benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we may maintain Membership benefits until expiration of special offers.

MY NCG Rewards memberships may be closed and/or reward points reverted due to any type of computer or technical issues that may arise. This would include any type of electronic malfunctions or human error on behalf of NCG. NCG will, to the best of its ability, attempt to later fix any accounts that were closed due to any of these reasons and reapply any outstanding rewards or points existing at the time the issue arose.

2. BENEFITS

The Program entitles Members to the following points, rewards, NCG Cash, special offers, and other Membership benefits.

a. Accumulation of points. My NCG Reward members will receive 100 points per every one(1) U.S. dollar spent on purchases at participating NCG Cinemas by presenting a valid My NCG Rewards membership account information prior to the completion of a transaction at a participating NCG Cinemas. Points are unable to be added after the sale is complete.

Points earned will expire in the event of account inactivity. My NCG Reward points will expire after a period of 12 months of inactivity. At that time, all points and NCG Cash will also be expired. Should the owner of the expired account wish to be reactivated, this can be done through Member Services. However, all expired earnings will not be reissued. Members can earn a maximum of 10,000 Points per account per day. Members will not receive credit for purchases made beyond that threshold. Manual adjustments will not be available for accounts that hit this threshold.

b. Ineligible Purchases. The following purchases or products are NOT eligible toward earning Points:

· NCG Cinema Platinum passes, or free admissions of any sort, purchases using Hollywood Movie Money or e-Movie Cash,

· In conjunction with the use of a free box office or concession offer/pass.

· Gift cards are eligible toward earning rewards at REDEMPTION but are not upon INITIAL purchase.

· Auditorium or theatre rental fees or group shows

· Tickets or concessions purchased for a group or an organization.

The following purchases or products are NOT eligible toward the redemption of NCG Cash:

· NCG Cinemas Platinum passes,

· Initial purchase of NCG Dinner and a Movie Packages

· Initial purchase of NCG VIP Packages

· Initial purchase of NCG Gift Cards

· In conjunction with the use of a free box office or concession offer/pass.

· Initial purchase of gift cards.

· Auditorium or theatre rental fees.

· Tickets or concessions purchased for a group or an organization.

· NCG Cash are non-transferrable and have no cash value.

· Unspent NCG Cash and Points expire 365 days after issuance or upon account expiration.

c. NCG Cash. Subject to the restrictions above, as your Points accumulate, your Account will be credited with digital currency **NCG Cash** which are stored on your account and which, subject to the prior registration of the account, can be redeemed at any NCG Cinema Location toward the purchase of movie tickets and concession items in accordance with the following schedule: 5000 Points = $5 NCG Cash. At five thousand (5000) Points, a member may use their Five Dollar NCG cash or continue to add points to their account. NCG Cash is only earned after each $50.00 a member has spent. The value of all NCG Cash will be stored on your account. You may use your NCG Cash by presenting your NCG Mobile app or My NCG Rewards card at Participating Location's box offices, concession stands.

· At any given time NCG Cinemas may sponsor sweepstakes. Each sweepstakes will have its own set of terms and conditions; NCG employees and family members are not eligible to win. Depending on the sweepstakes, Members may receive automatic entry with each use of their Membership number.

· At any given time NCG Cinemas may host a special Members Only movie screening at select theatre. In order to take part, My NCG Reward Members must be opted in to receive email notifications. If selected to participate, Members will be notified of these screenings via email.

· At any given time NCG Cinemas may provide eligible members with point promotions. Each promotion will have its own set of terms and conditions and may require the Program Member to opt into the promotion. Members will be notified of the promotions via email.

g. Membership Number; Expiration. To be eligible for membership benefits and to earn Points your Member Card or Account information must be (i) presented when purchasing tickets at the box office, (ii) presented at the concession stand when purchasing concession products. It is the Member’s responsibility to present the required Account information at the time of the transaction.

To earn or apply benefits, the Membership account must be active at the time of purchase.

NCG Cinemas is not responsible for the use or redemption of rewards from an account that has been lost, stolen, or otherwise used without Member’s permission.

All rewards are the property of NCG Cinemas.

3. MANUAL ADJUSTMENTS

If upon the entry of membership number, the system is inaccessible, the cashier will log the account and credit due. NCG will perform a manual adjustment on the account within 7-10 business days of the outage. NCG Cinemas reserves the right to refuse manual adjustments in the event of suspected abuse of the program or fraud.

4. REFUNDS

Refunds will not be given for ticket purchases 30 minutes after the printed showtime. In the event that a refund is processed, the purchase price will revert back to original form of payment and any points earned for the purchase will be removed.

5. MY NCG Rewards MEMBERSHIP FEE

The Membership fee for the My NCG Rewards Program is $0. My NCG Reward Members may cancel membership at any time as described above in Paragraph 1(f).

6. DISCLAIMERS; LIMITATION OF LIABILITY

USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT MEMBER’S SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. NCG CINEMAS AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. GOVERNING LAW

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law principles.

8. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement (including any breach hereof) or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude NCG Cinemas from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).

9. ACKNOWLEDGMENT

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the My NCG Rewards Program is deemed to have accepted the terms and conditions of this Agreement.

10. CHANGES TO THIS AGREEMENT

We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at NCGmovies.com. Any change shall take effect immediately upon posting, unless otherwise provided. You may view the current version of this Agreement at any time online at ncgmovies.com/myncgrewards