#NEWTOX Now Terms & Conditions

Please read and acknowledge the Terms & Conditions stated below.


  1. #NEWTOX Now Program Offer. #NEWTOX Now Program (“Program”) begins July 1, 2019 and ends September 30, 2019. Dates of available offers may vary and are subject to change by Evolus in its sole discretion. The #NEWTOX Now Virtual Reward is a $75 Virtual Visa® prepaid card. To qualify to receive your Visa® Virtual Card (“Reward”) you must receive a JeuveauTM treatment. After the qualifying treatment, you will be awarded a redemption code, by your provider. To obtain your Reward, text 75NOW to EVOLUS (386587). Provide your valid redemption code given to you by a qualified participating provider, name, address, and email address when prompted to receive a reward card. Redemption codes can only be provided by qualified providers. For purposes of the Program, qualifying treatments do not include any JeuveauTM treatments provided at a different time then the original qualifying treatment date, or any JeuveauTM treatments provided at no charge. Once you have a Reward you can apply the payment to your JeuveauTM treatment or use the reward everywhere Visa debit cards are accepted online. 

    A redemption code can only be used once; subsequent attempts to re-submit or re-use the same redemption code will be void. No Reward can be reloaded at any time. All Redemption codes and/or qualifying treatments are subject to verification.Evolus may, in its sole and absolute discretion, determine any redemption code to be void for any reason including but not limited to the following: redemption code is obtained through unauthorized or illegitimate sources/channels; redemption code has been reproduced, stolen, forged, counterfeited, or is irregular or marked improperly; redemption code is not verified or recognized as valid redemption code; redemption code is determined to be previously entered and used; redemption code is incorrectly or incompletely entered or submitted; or redemption code contains printing or production errors, or any errors in any way. Except as expressly stated above, Evolus shall have no liability or obligation with respect to any void redemption code. Only redemption code obtained from methods approved by Evolus are eligible for the program. Evolus reserves the right to request proof of a qualifying treatment at its sole discretion.

    Evolus reserves the right to revise any of these Terms and Conditions at any time, without notice. By continuing to participate in the program, you are deemed to have agreed to the amended version of these Terms and Conditions and are bound by any such revisions and should therefore periodically visit this website to review the current Terms and Conditions to which you are bound. Any failure to comply with these Terms and Conditions may result, in addition to any rights or remedies available to Evolus in law or equity, in the termination of your Reward.

  2. 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 valid mailing address and have the capacity to enter into a binding contract. The program is void elsewhere and where prohibited. Offer is limited to one Reward per phone number per every 90 days. 

  3. 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 holder of the phone number at the time of registration and he/she must comply with these Terms and Conditions. Evolus reserves the right to delay the processing of rewards without notice to you. Rewards 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 rewards may be confiscated by Evolus and/or cancelled. Evolus reserves the right to suspend, modify, clarify or cancel the Program, at its sole and absolute discretion, at any time, for any reason. 

  4. #NEWTOX Now Reward.  Virtual accounts cannot be redeemed for cash and cannot be used for cash withdrawals. Visa Virtual accounts can be used everywhere Visa debit cards are accepted online. All rewards expire 6 months after date of issuance. Date of expiration is clearly marked on face of the Virtual Visa Account. These 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 Rewards. Evolus reserves the right to substitute any Rewards with another card of comparable value for any reason. Card valid through expiration date shown on front of card. Cardholders are subject to terms and conditions of the card as set forth by the issuing bank. 

  5. General. Personal information collected from participants will be used by Evolus for the purpose of administering this program, to send you additional information and promotional material from Evolus, and as specified in Evolus’ privacy policy . Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EVOLUS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, (B) ANY FAILURE OR DELAY BY EVOLUS IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY OF USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY EVOLUS, EVEN IF EVOLUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omissions, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. 

    EVOLUS MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. EVOLUS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR A WARRANTY THAT THE PROGRAM WILL BE ERROR-FREE. EVOLUS FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. EVOLUS 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, EVOLUS AND ITS AUTHORIZED AGENTS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY REWARD OBTAINED VIA THE PROGRAM. PARTICIPANTS BEAR ALL RISK OF LOSS OR DAMAGE TO A REWARD 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.

    These Terms and Conditions will be governed by, and construed and enforced in accordance with, the law of the State of California and any action or proceeding with respect to these Terms and Conditions shall only be brought in a state or federal court in the State of California.

    In the event of any conflict between any program details contained in these Terms and Conditions and any program details contained in any program, the details of the program as set forth in these Terms and Conditions shall prevail.

    These Terms and Conditions constitute the entire agreement between program participants and Evolus 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. 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.

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