MERZ AESTHETICS XEOMIN® PATIENT REWARDS OFFER (THE “PROGRAM”) OFFICIAL TERMS & CONDITIONS
MERZ AESTHETICS XEOMIN® PATIENT REWARDS OFFER: Program starts November 1st, 2011 at 9:00:00 AM Central Time (CT) and ends February 29, 2012 at 11:59:59 PM CT (the “Program Period”), or when the supply of PIN Codes (as defined below) is exhausted, whichever occurs first (the “Program Period”). To obtain a PIN Code, visit a participating clinic (“Participating Clinic”) and purchase a qualifying XEOMIN® treatment (a “Qualifying Treatment”) during the Program Period. Qualifying Treatments do not include any XEOMIN® treatments provided at no charge on dates different than the original Qualifying Treatment purchase which are subject to Medicare, Medicaid or other federal or state reimbursement programs and/or insurance reimbursement. After completion of the Qualifying Treatment, the Participating Clinic will hand you a PIN Code (“PIN Code”). Once you have a PIN Code, visit www.xeominaesthetic.com/patientrewards/ (the “Website”) during the Program Period, enter your PIN Code and date of treatment, read and accept these Terms and Conditions, then complete the online registration form in full (which includes answering a survey). After completing this registration process you will become eligible (subject to verification) to receive the prepaid card described in Rule #4 below (the “Prepaid Card”). PIN Codes have to be entered on the Website by March 29, 2012 at 11:59:59 PM CT in order to be eligible towards a Prepaid Card. Limit: one (1) PIN Code entry per person/email address per 3-month period. Each PIN Code can only be used once; subsequent attempts to re-submit or re-use the same PIN Code will be void. All PIN Codes and/or Qualifying Treatments are subject to verification. Sponsor may, in its sole and absolute discretion, determine any PIN Code or treatment submitted in connection with this Program to be void for any reason including but not limited to the following: PIN Code is obtained through unauthorized or illegitimate sources/channels; PIN Code has been reproduced, stolen, forged, counterfeited, or is irregular or marked improperly; PIN Code is not verified or recognized as a valid PIN Code issued by Sponsor and or Participating Clinic; PIN Code is determined to be previously entered and used; PIN Code is incorrectly or incompletely entered or submitted; or PIN Code contains printing or production errors, or any errors in any way. Keep a copy of your Qualifying Purchase receipt for your records. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible PIN Code with another PIN Code if appropriate upon request. Sponsor reserves the right to inspect and examine any illegible PIN Code prior to issuing a replacement. Replacements shall be issued at Sponsor’s sole discretion and may be denied in the event of non-compliance with these Official Terms and Conditions. Sponsor may change its policy or set limitations and restrictions on replacements at any time and without notice. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void PIN Code. Only PIN Codes obtained from methods approved by Sponsor are eligible for the Program. Possession of a PIN Code does not constitute proof of submission of such PIN Code towards a Prepaid Card. Sponsor reserves the right to request proof of a Qualifying Treatment at its sole discretion. Sponsor reserves the right to revise any of the these Official Terms and Conditions at any time by updating this posting; revisions may include, but are not limited to, the Program Period, the methods and number of methods through which you may obtain PIN Codes, and any of the options made available to you with respect to this Program. These revisions may be made at any time, without notice. By continuing to participate in the Program following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with the Program, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your account, and the forfeiture and relinquishment of any PIN Codes or any Prepaid Card received, as determined by Sponsor or its authorized agents, in their sole discretion.
ELIGIBILITY: The Program is open to legal residents of the 50 United States, the District of Columbia and Puerto Rico, who are 18 years of age or older (21 in Puerto Rico) at the time of purchasing a Qualifying Treatment, have a valid email address, and have the capacity to enter into a binding contract. The Program is void elsewhere and where prohibited. Employees of Merz Aesthetics, Inc. (the “Sponsor”), its parent, subsidiaries, affiliates, advertising and promotional agencies, suppliers, and any other companies engaged in the development, production, or distribution of materials for this Program, and household members of each such employees, whether or not related, are not eligible to participate in the Program.
PROGRAM DETAILS: Prepaid Cards will be automatically sent to your address (as provided by you), upon verification. Each participant is solely responsible for ensuring that their shipping address is correct prior to entering a PIN Code towards a Prepaid Card. No P.O. boxes allowed, except with respect to residents of North Dakota. Allow 6-8 weeks for verification, processing and shipment of each Prepaid Card. In the event of a dispute regarding the identity of a registered participant, the registration will be deemed to have been made by the authorized account holder of the email address at the time of registration and he/she must comply with these Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to delay the processing of any PIN Codes without notice to you, in order to assure compliance with the Official Terms and Conditions outlined herein. Without limiting any other remedies, Sponsor may deem you ineligible if it suspects that you have engaged in fraudulent activity in connection with this Program. As such, PIN Codes are not redeemable for cash, transferable or assignable for any reason, and cannot be sold, traded, bartered, auctioned through an online auction site or otherwise; any such PIN Codes may be confiscated by Sponsor and/or cancelled. Any failure to abide by the Official Terms and Conditions, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in your ineligibility for the Program, as well as forfeiture of any or all PIN Codes entered to the relevant date and any other benefits earned in connection therewith, in Sponsor's sole and absolute discretion. Sponsor reserves the right to suspend, modify, clarify or cancel the Program, at its sole and absolute discretion, at any time, should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration or security of the Program.
PREPAID CARD: After entering a PIN Code during the Program Period, participants will become eligible, subject to verification, to receive one (1) Merz Aesthetics® branded $50 Prepaid VISA Card (ARV: $50.00). Prepaid Card will be delivered to participants by mail. The following are the types of service providers that accept the Prepaid Cards in the 50 United States, the District of Columbia and Puerto Rico: Health and Beauty Spas (code 7298); Doctors (code 8011); Dentists and Orthodontists (code 8021); Osteopaths (code 8031); Optometrists and Ophthalmologists (code 8042); Hospitals (code 8062); Medical Services (code 8099); Medical, Dental, Ophthalmic, and Hospital Equipment and Supplies No 1.6041-3(c) (code 5047); and Drugs, Drug Proprietaries, and Druggist Sundries No 1.6041-3(c) (code 5122). All Prepaid Cards expire one hundred and eighty (180) days after date of issuance. Prepaid Cards are not transferable for cash or credit under any circumstances. You are responsible for all federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs or expenses associated with acceptance and use of Prepaid Card except shipping & handling. Sponsor reserves the right to substitute a Prepaid VISA Card with another card of comparable value for any reason.
SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR A WARRANTY THAT THE PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SPONSOR AND ITS AUTHORIZED AGENTS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PREPAID CARD OBTAINED VIA THE PROGRAM. PARTICIPANTS BEAR ALL RISK OF LOSS OR DAMAGE TO A PREPAID CARD ONCE SHIPMENT HAS BEEN INITIATED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
As a condition of participating in this Program, participant: (1) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules; (2) consents to the jurisdiction and venue of the federal, state and local courts located in the state of California; (3) agrees that any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; (4) agrees that under no circumstances will participant be permitted to seek recovery for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased; and (5) agrees to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, without right of appeal, with respect to all aspects of the Program, including without limitation, eligibility of participants and validity of PIN Codes.
In the event of any conflict between any Program details contained in these Official Terms and Conditions and any Program details contained in any Program materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Program as set forth in these Official Terms and Conditions shall prevail.
These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. Sponsored by Merz Aesthetics, Inc., 1875 South Grant St, Suite 200, San Mateo, California, 94402.