MARCUS LOYALTY REWARDS TERMS AND CONDITIONS

The Marcus Loyalty Rewards program is offered by Marcus Hotels, Inc., or its subsidiaries, licensees, and affiliated companies(collectively, “Marcus”). The Marcus Loyalty Rewards loyalty program is one way in which Marcus Hotels & Resorts rewards and thanks loyal customers for their business. Members are able to earn and accumulate “Points” that can be redeemed for “Rewards” as further explained in these Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BYACCESSING, USING, OR OTHERWISE PARTICIPATING IN THE MARCUS LOYALTY REWARDSPROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BECHANGED FROM TIME TO TIME, AND ALL TERMS INCORPORATED BY REFERENCE. YOU SHOULDREVIEW THESE TERMS AND CONDITIONS AND RELATED POLICIES FREQUENTLY TO UNDERSTANDTHE TERMS AND CONDITIONS APPLICABLE TO YOUR PARTICIPATION IN MARCUS LOYALTYREWARDS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THISPROGRAM.

Please read the Privacy Policy at: http://www.marcushotels.com/privacy-policy carefullyto understand how Marcus collects, uses, and discloses information about customers, including through your participation in Marcus Loyalty Rewards.

Marcus Loyalty Rewards is offered through the Fivestars mobile app, a product of Five Stars Loyalty, Inc. In order to join Marcus Loyalty Rewards, you will need to sign up for an account with Fivestars using the mobile app or online at https://www.fivestars.com/accounts/login/.In doing so, you agree to Fivestars’ Terms (available at https://www.fivestars.com/legal/)and Privacy Policy (available at https://www.fivestars.com/privacy/).If there is a conflict between these Terms and Conditions and the Fivestars’ Terms relating to the administration of the Marcus Loyalty Rewards program, these Terms and Conditions will control. The Fivestars’ Terms will control in all other respects, including, without limitation, how users use and interact with the Fivestars app.

Joining Marcus Loyalty Rewards.

All U.S. residents age sixteen (16) or older are eligible to join Marcus Loyalty Rewards. You may only have one (1) Marcus Loyalty Rewards account, which is personal to you. Marcus Loyalty Rewards is not targeted towards, nor intended for use by, anyone under the age of sixteen (16). If you are between the ages of sixteen (16) and eighteen (18), you may only participate in Marcus Loyalty Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. There are no membership fees associated with Marcus Loyalty Rewards. Any employee and immediate family members of employee (i.e., parents, siblings, spouses and children) of The Marcus Corporation and its subsidiaries (including, without limitation, Marcus Theatres Corp. and Marcus Hotels, Inc.) are not eligible to join Marcus Loyalty Rewards.

In order to join Marcus Loyalty Rewards, you will need to sign up for an account in the Fivestars app or online at https://www.fivestars.com/accounts/login/.There is no cost for creating a Fivestars account, though data and messaging rates may apply when using the app. The registration process may require that you provide the following information: name, mobile phone number, email address, and birthday. After registering, your mobile phone number will be your Fivestars account number (“Account Number”).

Earning Points.

Subject to the limitations and restrictions set forth in these Terms and Conditions, Marcus Loyalty Rewards members earn Points by making a Qualifying Purchase at a participating Marcus location. The following is a list of Qualifying Purchases:

·      All food and beverage purchases at participating locations;

·      Spa services at Pfister WELL Spa+ Salon and Grand Geneva WELL Spa + Salon + Fitness

·      Golf rounds at Grand Geneva Resort & Spa; and

·      Ski lift tickets and rental charges at Grand Geneva Resort & Spa;

.      Qualifying Purchases may be made using a Marcus Gift Card, Marcus eGift Card and/or Promotional Bonus Card.

Please visit http://marcusrewards.com/locations-rewards-program/ tofind the participating location nearest you.

Subject to the restrictions below, you will receive one (1)Point for each dollar spent on a Qualifying Purchase at participating Marcus Loyalty Rewards locations, excluding tax and gratuity. You will accumulate Points commencing with the first Qualifying Purchase and will continue to accumulate Points with each additional Qualifying Purchase.

The following restrictions apply to the accumulation of Points:

• You must present your Account Number at the time of purchase to receive Points.

• New members will not be issued Points retroactively for purchases made prior to enrolling with Fivestars.

• Members may earn Points only for the portion of a Qualifying Purchase which the member pays (for example, if a dining check is split among guests, the member will receive Points only for the portion of the check that the member pays).

• If you do not pay the full amount due at the time of your Qualifying Purchase, Marcus reserves the right to (a) withhold Points until you have paid all amounts due in full, (b) adjust the amount of Points awarded to you based on the final amount you actually pay, and (c) revoke Points if the unpaid balance is not paid by the due date set forth on the invoice or other agreement between you and Marcus.

• You will not earn Points on the purchase of (a) Marcus Hotels & Resorts gift cards, (b) any sort of membership, lesson, or ski season pass at Grand Geneva Resort & Spa, (c) any retail merchandise, or (d) delivery services.

• You will not earn Points on any portion of Qualifying Purchases paid with a reward earned through Marcus Loyalty Rewards, coupon, or other discount or promotion. However, you will earn point on the amount of the Qualifying Purchase for which you actually pay.

• You will not earn Points for any purchase where a Marcus associate discount is applied.   

To maintain your Points, you must earn at least one (1) new Point during each consecutive twenty-four (24) month period or your accumulated Point balance will expire.    

Rewards.

As your Points accumulate, you may redeem them for rewards in the Fivestars app (“Rewards”). Available Rewards are set forth in the Fivestars app and may be changed at any time and from time to time without notice. Rewards may be redeemed only at participating locations and only applied towards: (a) food and beverage purchases at participating locations;(b) spa services at the Pfister WELL Spa and Grand Geneva WELL Spa; (c) green fees at the Brute and Highlands golf courses at Grand Geneva Resort & Spa; and (d) ski lift tickets and rental charges at Grand Geneva Resort & Spa. Rewards may not be applied to the purchase of any other good or service not set forth in these Terms and Conditions.

Rewards, including use and redemption thereof, are subject to any terms set forth in the Fivestars app and these Terms and Conditions. You must present your Account Number when completing your transaction in order to redeem your Rewards. Rewards may not be re-sold or exchanged for other goods or services, except as stated in the terms for such Reward in the Fivestars app. Rewards are not valid for payment towards gift card purchases, catering or delivery, or retail products, and are not valid with any other offers, discounts or promotions. Neither Marcus Hotels & Resorts nor Fivestars is responsible for replacing lost, stolen, or mutilated Rewards. Neither Marcus Hotels &Resorts nor Fivestars is responsible for delayed or lost communications sent over the Internet or over any other form or method of delivery.

Disclaimers; limitations on liability.

PARTICIPATION IN MARCUS LOYALTY REWARDS AND RECEIPT OF ANYOF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. ANY MARCUS LOYALTY REWARDSEARNED AND ANY OTHER BENEFITS THAT MAY BE PROVIDED TO YOU BY MARCUS ORFIVESTARS ARE PROVIDED ONLY ON AN "AS IS" AND "ASAVAILABLE" BASIS. MARCUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MARCUS NOR FIVESTARS WILL BELIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARCUS HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR INABILITY TO USE THEFIVESTARS APP; (ii) THE USE OR THE INABILITY TO USE MARCUS LOYALTY REWARDS ORANY BENEFITS THEREOF; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ANDSERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OROBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF MARCUSLOYALTY REWARDS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAMDATA; OR (v) ANY OTHER MATTER RELATING TO MARCUS LOYALTY REWARDS.

Indemnification.

You agree to release, indemnify and hold harmless Marcus from all liabilities, claims and expenses, including, without limitation, attorneys’ fees, arising out of or in any way related to your breach of these Terms and Conditions. Further, you agree to reimburse Marcus for any Marcus Loyalty Rewards benefits that were fraudulently obtained by you.

Amendment to Terms and Conditions.

Marcus may amend, modify, or otherwise change these Terms and Conditions at any time without notice or liability, even if the changes affect Point and/or Rewards quantities, values and earning or redemption opportunities, by posting revised Terms and Conditions located at http://www.marcusrewards.com/info-marcus-rewards/terms.asp.Marcus may change the list of participating locations at any time and from time to time without notice. Any such amendment or change will take effect immediately upon posting, unless otherwise provided, and you waive any right you may have to receive specific notice of such amendments, modifications, or changes. You may view the current version of these Terms and Conditions at anytime at the above link. You are responsible for checking for updates to Marcus Loyalty Rewards program rules from time to time.

Cancellation of Marcus Loyalty Rewards.

Marcus may cancel Marcus Loyalty Rewards at any time. You will be notified of any such cancellation in the manner provided by applicable law prior to the effective date of the change. You may cancel your Fivestars account by contacting Fivestars. If you cancel voluntarily, you will forfeit any previously accumulated Points.

Marcus or Fivestars may terminate your account and/or your participation in Marcus Loyalty Rewards or your use of the Fivestars app if Marcus or Fivestars determines in their sole discretion that you have violated these Terms and Conditions, the Fivestars Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.

Governing Law.

These Terms and Conditions, and the respective rights and obligations of the parties are governed by and will be construed in accordance with the laws of the State of Wisconsin.

Binding Arbitration.

Any claim or controversy arising out of or relating to these Terms and Conditions will be settled by arbitration held in Milwaukee, Wisconsin, and 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 claim or controversy will be arbitrated on an individual basis and may not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Marcus from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including the rights of its licensors).

Miscellaneous.

These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Marcus for products, services, or otherwise.

Corporations, groups, organizations, associations and all other non-natural persons cannot enroll in the Marcus Loyalty Rewards program. Members must comply with their own company or organization’s policies regarding loyalty programs. Members are solely responsible for notifying their employer, principal, and/or client of any benefits or points received.  

Questions or Concerns.

You may contact Marcus with any questions or concerns regarding Marcus Loyalty Rewards by calling Marcus at 414-935-5995 (toll free at 1-877-704-5338) between the hours of 8:00 a.m. and 6:00 p.m. Central Time, Monday through Friday or by emailing Marcus Loyalty Rewards at: marcusrewards@marcushotels.com.Please visit https://member-support.fivestars.com/s/ withany questions or concerns regarding your use of the Fivestars app or with your Fivestars account.

Last updated: June 2023.