Terms & Conditions

Picture Show Entertainment's MyShow Rewards Terms & Conditions

These Terms and Conditions govern use of the Picture Show Entertainment (“PSE”) website and the future PSE mobile app and the PSE MyShow rewards program. The PSE website and mobile app (together, the “Site”) is an online store where you can participate in the PSE MyShow rewards program and purchase movie tickets, gift cards, and certain merchandise provided by, or through, Picture Show Entertainment, LLC. (“Picture Show Entertainment”, “PSE”, “us”, “our”, or “we”) subject to your compliance with the Terms and Conditions set forth below.

The PSE MyShow rewards program (“MyShow”) is operated by Picture Show Entertainment. When you open an account on the PSE website you are automatically enrolled in MyShow as a member (“Member”). As a Member you are able to collect points and access Member benefits. You may be able to redeem the points in your account for benefits which may include, among other things, discounts for goods or services, coupons, special offers, screenings, and other Member-only benefits (“Rewards”). Rewards are offered on a first-come, first-served basis due to limited quantities. Available Rewards are subject to change and may be subject to age-related restrictions solely at our discretion.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND PSE WILL BE RESOLVED BY BINDING ARBITRATION.

Acceptance of Terms of Use

Please read the following information carefully before using the Site or MyShow. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. PSE reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions at any time. By clicking “I agree” when using MyShow, or the MyShow webpage at pictureshowent.com or the MyShow page on future PSE apps, after any changes to these Terms and MyShow have been posted, you accept those changes.

Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify PSE to terminate your Account and you must delete the PSE mobile app, if applicable.

Participation in MyShow

  1. 2.1 Participation: Enrollment, membership, and all related benefits of MyShow are offered at our discretion.
  2. You consent to our collection and use of your personal information as determined by PSE in its sole discretion or as provided in a privacy policy to be provided by PSE.

    PSE reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the MyShow program without notice in accordance with these Terms and Conditions.

    You may not sell, exchange, charge or otherwise dispose of any points or Member benefits except in accordance with these Terms and Conditions.

  3. 2.2 Enrollment: To enroll you must meet the terms for participation established by PSE. Once your enrollment is processed and accepted by us, we will establish an account in your name (“Account”). Access to your MyShow Account is through the PSE website. There is no fee to enroll in MyShow. Enrollment is limited to one Account per Member. Members agree to receive periodic marketing and informational e-mails from PSE.
  4. 2.3 Earning Points: Points are earned through making purchases on the Site and at participating PSE locations. In order to qualify to accrue points, you must identify yourself as a Member by presenting your User ID or required information when dealing with the Site and participating PSE locations.
  5. Points that you accrue as a result of your transactions with the Site and participating PSE locations will be posted to your Account. Points will normally be posted to your Account within twenty-four (24) hours from the time of your purchase from the Site or participating PSE location, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your points are properly credited. If proper credit does not appear on your activity statement, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine whether points should have been posted to your Account and to adjust your Account accordingly.

    Some PSE locations may not participate in MyShow. Membership entitles you to earn points only from those PSE locations participating in MyShow. We may refuse to record or honor points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded points if the point-issuing PSE location tells us to cancel the points (for example, because you returned or did not pay for products or services for which the points were issued). Neither we nor any participating PSE location is responsible for any Reward or special offers which are no longer in effect.

    If you believe that any Account summary showing the number of points in your Account is in error, you must notify the point-issuing PSE location, or contact us through pictureshowent.com, within thirty (30) days of the date the point was or should have issued or it will be deemed correct. You may be required to submit documentation (such as receipts) to support your claim. Members are responsible for emailing comments@pictureshowent.com to request points be added back for any reason.

    Points are not eligible for re-sale, exchange, or transfers between member accounts. Points may not be used towards the purchase of a Gift Card offered by PSE.

    A maximum of 7,000 points may be earned within a 24-hour period. The daily maximum is subject to change by PSE without notice, as provided in Section 2.7 below.

    Points may be earned for restaurant and alcoholic beverage purchases at participating PSE locations in accordance with the policy for such PSE location. However, MyShow points are not redeemable for discounts wherever prohibited by federal, state or local law or regulations, including, for example, for alcoholic beverages, dairy, etc.

    Points accrued through zero-dollar transactions are subject to review by us. PSE may change or terminate the sign-up bonus points accrual at any time, for any reason.

    Seventy-five points are awarded for each movie ticket purchased at a participating Picture Show theatre. Twenty-five points are awarded for each dollar spent on concessions items at a participating Picture Show theatre. The number of points awarded with the purchase of any item is subject to change by PSE without notice, as provided in Section 2.7 below.

  6. 2.4 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to MyShow, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding points have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your points earned through MyShow may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of points that are subsequently deducted from your Account.
  7. 2.5 Redemption of Points: .
  8. We will not be deemed to have waived any of our rights even if we redeem points when not required.

    The points required for the purchase of a small popcorn (four thousand points), a medium drink (four thousand points), a tub of popcorn (five thousand five hundred points) and a combo #2 (ten thousand points). The number of points required for the purchase of any item is subject to change by PSE without notice, as provided in Section 2.7 below.

  9. 2.6 Discontinuation; Suspension; Account Closure: To be considered active, a Member must have scanned his/her User ID within the preceding twelve months. Points will expire if account has been inactive over a twenty-four-month period. An account will be considered inactive if there has not been any activity on the account such as earning, using or redeeming points. At the time of expiration, all points in an inactive account will be forfeited. Membership is not terminated upon expiration and forfeiture of points and the Member can continue to accrue points on the account. We may, in our sole discretion, at any time and without prior notice:
    1. Change, discontinue or limit access to MyShow or any functionality, feature or other component of MyShow; or
    2. Suspend or terminate your use of or access to MyShow or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.You may elect to close your Account at any time by notifying PSE at comments@pictureshowent.com. Upon closure, any rights to redeem points from that Account are deemed terminated.
  10. 2.7 Termination, Changes, and Breach: We may change any aspect of MyShow, including issuing and redemption procedures or any Rewards in any respect, all without notice. For example, but without limitation, we may add, delete or change participating PSE locations, time limits for collection, redemption or use of points for Rewards; redemption conditions or procedures; or the number of points required for particular Rewards or purchases. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If:
    • no points are recorded in your Account for twenty-four (24) months;
    • you commit fraud;
    • you misrepresent any information;
    • you violate any Terms and Conditions;
    • you abuse your MyShow privileges; or
    • you act in any other way to the detriment of us, our participating PSE locations, or MyShow, we may, without affecting our other rights, terminate your enrollment and/or cancel your points and disclose only appropriate information requested by proper authorities. If points expire or are cancelled for any reason, they become void without compensation.

Use of the Site and MyShow

  1. 3.1 Disclaimers:
  2. THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN MYSHOW ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. PSE DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR MYSHOW GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PSE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR MYSHOW. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN MYSHOW IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, PSE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.

    NO MYSHOW POINTS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S MYSHOW ACCOUNT. POINTS AND REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING PSE LOCATION.

    Transactions upon which points are earned or redeemed and all Rewards are subject to all applicable federal, state and local laws, legal rules and the terms and conditions set by the participating PSE locations, the Site, and third party websites accessed by a link in the MyShow Page.

    PSE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR MYSHOW.

  3. 3.2 No Warranty: THE SITE AND MYSHOW, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PSE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, MYSHOW, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. PSE ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR MYSHOW, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. PSE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR MYSHOW ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF PSE.
  4. 3.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL PSE HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), 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 (I) MYSHOW OR YOUR PARTICIPATION IN MYSHOW; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING MYSHOW OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM POINTS; (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT MYSHOW MADE BY A PARTICIPATING PSE LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING PSE LOCATIONS; (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE; OR (VII) THE DISEMINATION OR DISCLOSURE OF PRIVATE INFORMATION TO THIRD PARTIES. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
  5. 3.4 Indemnification: You agree to indemnify and hold PSE harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys' fees and costs. PSE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by PSE in the defense of any claim. You shall not in any event settle any claim without the written consent of PSE.
  6. 3.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
    1. Provide any unauthorized third party with access to the Site, MyShow or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to PSE (collectively, "Content") by any means;
    2. Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, MyShow or any of the software applications used by you in connection with your use of the Site or MyShow;
    3. Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or MyShow;
    4. Disable any licensing or control features of the Site;
    5. Introduce into the Site or into MyShow any virus or other code or routine intended to disrupt the Site or MyShow, alter or delete its Content, access confidential Content on the Site or MyShow, retrieve or record information about the Site or its users, or interfere with the operation of the Site or MyShow, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
    6. Merge the Site or MyShow with another program or create derivative works based on the Site or MyShow;
    7. Post any material in any form whatsoever on the Site or within MyShow that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
    8. Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or MyShow to others;
    9. Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or MyShow, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or MyShow; or
    10. Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or MyShow. Except as expressly provided herein, PSE reserves all rights with respect to the Site and MyShow, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
  7. You recognize the great value of the goodwill associated with the Site and with MyShow and acknowledge that the Site, MyShow and all rights therein and goodwill pertaining thereto belong exclusively to PSE. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in MyShow or thereafter:

    1. (i) Attack the title or any rights of PSE in or to the copyrights, trademark, and other intellectual property in the Site or MyShow;
    2. (ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or MyShow;
    3. (iii) Claim (adversely to PSE or anyone claiming rights through PSE) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or MyShow;
    4. (iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or MyShow or bring the Site or MyShow into disrepute;
    5. (v) For its benefit, directly or indirectly, register or apply for registration of PSE's trademarks or any mark which is, in PSE's reasonable opinion, the same as or confusingly similar to any of PSE's trademarks; and/or
    6. (vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in PSE's reasonable opinion, the same as, confusingly similar to or incorporates any of the PSE's trademarks.
  8. 3.6 Copyright; Trademarks: PSE, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the MyShow Page. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site or the MyShow Page without the prior written consent of PSE. Systematic retrieval of content from the Site or the MyShow Page to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site or the MyShow Page is strictly prohibited.
  9. Nothing on the Site or the MyShow Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the MyShow Page. Unless otherwise specified, the Site and the MyShow Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the MyShow Page for your personal use only. Copying or downloading material from the Site or the MyShow Page does not transfer title to any material on the Site or the MyShow Page to you. If you copy or download any information or software from the Site or the MyShow Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of PSE or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain PSE's written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.

    You agree to grant PSE an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the MyShow Page by you.

    PSE reserves all rights to copyright and trademark ownership of its material at the MyShow Page and will enforce such rights to the full extent of the law.

  10. 3.7 Social Media Features: The Site, including the MyShow Page, may provide certain social media features that enable you to:
    • Link certain content on the Site to certain third-party websites.
    • Send emails or other communications with certain content, or links to certain content, on the Site.
    • Cause limited portions of content on the site to be displayed or appear to be displayed on your own or certain third-party websites.
  11. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.

  12. 3.8 Privacy; Collection and Use of Certain Information: These Terms and Conditions incorporate any privacy policy created by PSE in the future.
  13. 3.9 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, a person other than the Member is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will not allow access to the Site and MyShow only by anyone other than yourself, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither PSE nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person for any reason. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's account, username or password. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify PSE as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT PSE HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
  14. If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or MyShow that would damage, interfere with or unreasonably overload the Site and/or MyShow.

  15. 3.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, PSE reserves all rights, defenses and permissible limitations under the law of your State of residence.
  16. 3.11 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to PSE via Visa, MasterCard, Discover, and American Express credit cards only. At this time, we are not accepting any other method of payment.
  17. If you purchase tickets on the Site with a registered account you can receive a refund at PSE.com for the purchase price of the ticket (excluding any service charge) up to two hours prior to the start of the showtime. In the rare situations when a show is cancelled, you will be entitled to a refund for the full purchase price of your tickets, including any service charges. In these situations please send an email to www.PSE.com/comments and include the theatre, movie, showtime, email address and your confirmation number.

  18. 3.12 Links: Although PSE controls a few hyperlinks in the Site, some links within the Site may lead to third-party sites. In addition, some Rewards can be claimed through links provided by movie studios or other third parties, which links PSE may pass through to you. PSE includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that PSE is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. PSE reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by PSE, and may have different terms of use and privacy policies, which PSE encourages you to review. PSE has no responsibility for the content of any third party web site, and provides such links on an “AS IS” basis. UNDER NO CIRCUMSTANCES SHALL PSE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, ANY THIRD PARTY SITE.
  19. 3.13 Must be At Least 13 Years Old to Use the Site and 18 Years Old to Use MyShow: PSE requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older). If you are at least thirteen (13) years old but not of legal age to enter agreements, you MUST have permission from your parent or guardian. PSE requires that MyShow be at least eighteen (18) years of age or older to sign up for MyShow. PSE makes no active effort to collect personal information from individuals under the age of 13. You must ensure that content you provide on any website or social media platform in connection with attempting to earn MyShow points is acceptable for viewing by users who might not be adults.
  20. 3.14 Controlled from the United States: The Site and MyShow are controlled from offices within the United States. PSE makes no representation that content or materials in the Site or MyShow are appropriate or available for use in other jurisdictions. Access to the Site, MyShow, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or MyShow from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE AND MYSHOW, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF DALLAS, TEXAS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
  21. 3.15 Not Authorized to do Business in Every Jurisdiction: PSE is not authorized to do business in every state or other jurisdiction. Information published on the Site or MyShow may contain references or cross-references to goods or services that are not available in your state or country. If you click on our International link, you can see the countries where PSE currently does business. There is a separate PSE web site for each country, which is subject to its own terms and conditions and privacy policy.
  22. 3.16 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
  23. 3.17 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, the use of MyShow, the Site and the redemption of points, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Colorado Springs, Colorado, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with its rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party to the arbitration shall be responsible for one-half of the costs and fees of the arbitrator and such amounts shall be deposited with JAMS or the arbitrator, as applicable, prior to the commencement of any arbitration proceedings.
  24. Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to PSE. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to PSE Corporate Headquarters located at 1032 N Wahsatch Ave., Colorado Springs, CO 80903. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with PSE.

  25. 3.18 Entire Agreement; Severability: These Terms and Conditions and the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the entire agreement between you and us regarding your use of the Site, your participation in MyShow, your entitlement to collect and redeem points, and your entitlement to Rewards and any other benefits of MyShow, and supersede all previous versions or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. 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 us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Site or MyShow. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The Site, MyShow, all rules and Terms and Conditions are governed by the laws of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.

Contact Us: For further information, or inquiries about the Terms and Conditions, please contact comments@pictureshowent.com.