Terms and Conditions
Healthcare Professional Participation in Evolus Rewards Consumer Loyalty Program
Effective Date: May 15, 2020
The Evolus Rewards Consumer Loyalty Program (the “Program”), owned and operated by Evolus, Inc. (“Evolus,” “we,” “us” or “our”) is made available to eligible consumers interested in treatment with Evolus products, including Jeuveau® (prabotulinumtoxinA-xvfs). As a healthcare professional (“HCP,” “you,” “your,” or “user”) you may participate in the Program under the following terms and conditions, including the amendments thereto and with any additional terms and conditions, rules, or polices that may be applicable in connection with the Program (collectively, the “Terms and Conditions”). Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access and ability to participate in the Program and your ability to redeem to Program benefits, without notice, in addition to Evolus’s other remedies. Your participation in, access to, and use of the Program are subject to the terms and conditions set forth herein and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. The Terms and Conditions shall supersede all previous Program rules and/or terms and conditions applicable to healthcare professionals. The following Terms and Conditions may be modified by Evolus from time to time, without advanced notice. Any such changes shall be reflected in an updated version of the Terms and Conditions. BY PARTICIPATING AND ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE PROGRAM.
- Description of the Program
The Program is an on-line, mobile device-based program where eligible registered consumers participating in the Program may accrue benefits by engaging in certain activities, and may, in turn, redeem those benefits provided by Evolus solely for use as a discount on treatment with an eligible Evolus product, including Jeuveau® (“Benefits”). Benefits accrued in the Program are non-transferrable to other users or accounts and have no independent cash or monetary value. The Program may be changed from time to time at Evolus’s sole discretion without advanced notice. The most up to date version of these Terms and Conditions will be posted on this site and 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.
HCPs participating in the Program will facilitate the eligible consumers’ accrual and redemption of Benefits in accordance with the Terms and Conditions of the Evolus Rewards Consumer Loyalty Program Terms and Conditions (the “Consumer Terms”) which are incorporated by reference into these Terms and Conditions. References to an “eligible consumer” in these terms and conditions shall be deemed to by those consumers who comply with all of the Consumer Terms.
- Program Eligibility for HCPs
The Program is open to appropriately licensed HCPs in the United States. Void where prohibited or restricted by law. In order to participate in the Program, an HCP must have made an eligible purchase of an Evolus product during the calendar year. All Evolus products purchased to qualify for this Program must be purchased within the United States.
- Reservation of Rights
The Program and its benefits are offered at Evolus’s discretion, and Evolus has the right to modify or discontinue, temporarily or permanently, the Program, in whole or in part, for any reason, at our sole discretion. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of the Program, any Benefit, HCP Reward or other benefits offered, in whole or in part.
- HCP Registration
HCPs will have the option to opt-in to the Program in the Evolus Practice App. In order to participate in the Program, you first must register and agree to these Terms and Conditions. By providing the Program you are deemed to agree to these Terms and Conditions. Your staff or other individuals who work for you will also be permitted to register so they can help administer the Program in your office. You agree that we may attribute all use of your account to you, and that you are responsible for all activities and activities that occur under your Account, including activities by your staff or other employees and that each of them shall abide by the Terms and Conditions of this Program. You will be required to follow all of the steps to register and participate in the Program. Following opt-in, all facilities connected to an HCP account are automatically opted into the Program as well. You may opt-out of the program at any time by going to the “Account Management” section of the Evolus Practice App or by any other means that Evolus may allow.
- Account Security
You will pick a username and password during the registration process (“Account”). You agree to maintain the confidentiality of your Account and not authorize any third party to use it or your Account. You agree that you are fully responsible for all activities that occur under your Account or any other breach of security, and to log out at the end of each session. You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available in our Evolus Practice App or in the Program site. You agree not to attempt to access any restricted features or functionality.
If you lose or forget your username or password, you can e-mail us at email@example.com to have the information reset.
We will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
- Earning and Redeeming Program Benefits
Eligible consumers who register and enroll in the Program will earn a Benefit in the amount advertised by Evolus under the Program off of their treatment with an Evolus product, including Jeuveau®, when they receive treatment at an HCP’s office which is enrolled in the Evolus Program. The HCP’s office must be enrolled in the Program in order for the eligible consumer to be able to redeem their Benefit at that office. This initial Benefit for the eligible consumer will not expire so long as the Program is not suspended, terminated, or otherwise modified, provided, however, that Evolus reserves the right to expire any unused initial Benefit after one year.
After the initial benefit is validly redeemed, additional Benefits are earned by eligible consumers with each subsequent treatment with an Evolus product; however, there must be a minimum of 90 days between each eligible treatment. In other words, an eligible consumer cannot earn a new Benefit until at least 90 days has elapsed from their last Benefit redemption. Any attempt by a consumer or an HCP to redeem more often than 90 days shall be a violation of the Consumer Terms and these Terms and Conditions.
Once earned, an eligible consumer’s Benefit is valid only between 90 – 180 days of the treatment in which the eligible consumer earned the Benefit. It cannot be used prior to 90 days, and it cannot be used after 180 days.
We expressly reserve the right to change the value of Benefits; to establish additional means of accruing Benefits by eligible consumers; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of Benefits; to specify periods after which unused Benefits will be forfeited or reduced. Benefits can be accrued only for activity taken and completed by eligible consumers. Eligible consumers may only have one account and cannot combine Benefits with others. Redeemed Benefits are not refundable, exchangeable, replaceable or transferable for cash, credit or other benefits under any circumstances.
When your patient has a Benefit to be redeemed at your office, they will notify your office and you will be responsible for redeeming the patient’s Benefit by following the instructions set out in the Program’s application or website. By enrolling a consumer in the Program or redeeming a Benefit you represent and warrant to Evolus that the consumer is an eligible consumer meeting the Consumer Terms. Throughout the redemption process, you will provide truthful and non-misleading information for each Benefit redemption, including, but not limited to: that you have read any required disclosures to the eligible consumer, that you have treated the eligible consumer with Evolus product, and that that you have provided the full discount on such treatment to the consumer in the amount of the Benefit. Failure to provide the discount on an treatment with an Evolus Product to an eligible consumer shall not be deemed a redemption of the Benefit and shall not be counted towards any HCP Reward. Evolus reserves the right to require proof that a Benefit was properly earned and redeemed by an eligible consumer at its sole discretion.
To compensate you for redeeming the Benefit, Evolus will provide you with Jeuveau® vials (“HCP Reward”) on the terms set forth herein. These HCP Rewards will be earned at the same rate for all participating accounts. One (1) vial of Jeuveau® product will be earned after every eight (8) valid Benefits are redeemed.
You can request your HCP Reward vials through the Evolus Practice App. Any request for six vials or less will incur the standard shipping fee for orders of that size. HCP Rewards have no independent monetary value and are only earned once all required Benefits are properly redeemed.
HCP 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 HCP Rewards may be confiscated by Evolus and/or cancelled.
HCP Rewards are only earned on Benefits provided to eligible consumers who receive treatment with Evolus products, including Jeuveau®, and are provided the full discount on such treatment equivalent to the amount of the Benefit. It shall be a violation of these terms and conditions to provide a Benefit to any individual who does not meet the conditions for a Benefit. who is not treated with Evolus products, or who is not provided the appropriate discount.
- Use of Your Information and Personal Information
- Fraud, Abuse or Violation of Terms and Conditions
Fraud or abuse relating to the accrual or redemption of Program Benefits or any violation of the Terms and Conditions may result in forfeiture of your HCP Reward compensation under the Program as well as the termination of your account and ability to participate in the Program in the future. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SEEK COMPENSATION FOR REDEEMING BENEFITS THAT WERE NOT PROPERLY EARNED OR REDEEMED.
- Limitation of Liability; Release
Evolus and its affiliates and their respective representatives, agents, directors, officers, shareholders, and employees (“Evolus Entities”) are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the benefit or acceptance, delivery or failure to timely deliver, possession, or use of the benefit, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Further, in no event shall the Evolus Entities be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of this site or any such dispute, regardless of whether any of the Evolus Entities has been advised as to the possibility of such damages. You accept all responsibility for, and hereby indemnify and hold harmless the Evolus Entities from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Benefits, redemption of Benefits, and disclosure of passwords to third parties.
- Violation of the Terms
You understand and agree that if we determine that you have violated our Terms and Conditions, then in our sole discretion, and without prior notice, we may take actions including, but not limited to (1) terminating your access to the Program, (2) voiding any accrued HCP Rewards, (3) confiscation of any HCP Rewards, and/or (4) deactivating or deleting your account. Upon written request to you we may require an HCP repay the value, as determined by Evolus, of any HCP Reward that Evolus, in its sole discretion, determines was rewarded as a result of fraud, abuse or a violation of our Terms and Conditions. HCPs whose accounts have been terminated shall not be eligible to participate in the Program and shall not be eligible to enroll new accounts without the express written consent of Evolus.
- Proprietary Rights
You should assume that all contents of this site are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Evolus copyright. All product names, logos, and service marks displayed on this site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Evolus or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Evolus or any third party. No use of any Trademark may be made without our prior written authorization.
- Governing Law & Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. You agree that any dispute related to the Program shall be submitted for resolution exclusively to the jurisdiction of the United States District Court for the Central District of California. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
IMPORTANT SAFETY INFORMATION FOR JEUVEAU® (prabotulinumtoxinA-xvfs)
WARNING: DISTANT SPREAD OF TOXIN EFFECT: The effects of all botulinum toxin products, including JEUVEAU, may spread from the area of injection to produce symptoms consistent with botulinum toxin effects. These symptoms have been reported hours to weeks after injection. Swallowing and breathing difficulties can be life threatening and there have been reports of death. JEUVEAU is not approved for the treatment of spasticity or any conditions other than glabellar lines.
JEUVEAU is contraindicated in individuals with known hypersensitivity to any botulinum toxin preparation or to any of the components in the formulation, and in the presence of infection at the proposed injection site(s).
WARNINGS AND PRECAUTIONS
Spread of Toxin Effect
Postmarketing safety data from other approved botulinum toxins suggest that botulinum toxin effects may be observed beyond the site of local injection. The symptoms are consistent with the mechanism of action of botulinum toxin and may include asthenia, generalized muscle weakness, diplopia, ptosis, dysphagia, dysphonia, dysarthria, urinary incontinence, blurred vision and breathing difficulties. These symptoms have been reported hours to weeks after injection. Swallowing and breathing difficulties can be life threatening and there have been reports of death related to spread of toxin effects. In unapproved uses, including upper limb spasticity in children and approved indications, symptoms consistent with spread of toxin effect have been reported at doses comparable to or lower than the maximum recommended total dose. JEUVEAU is not approved for the treatment of spasticity or any conditions other than glabellar lines. Patients or caregivers should be advised to seek immediate medical care if swallowing, speech or respiratory difficulties occur.
Lack of Interchangeability between Botulinum Toxin Products
The potency Units of JEUVEAU are specific to the preparation and assay method utilized. They are not interchangeable with other preparations of botulinum toxin products and, therefore, units of biological activity of JEUVEAU cannot be compared to nor converted into units of any other botulinum toxin products assessed with any other specific assay method.
Serious Adverse Reactions with Unapproved Use
Serious adverse reactions, including excessive weakness, dysphagia, and aspiration pneumonia, with some adverse reactions associated with fatal outcomes, have been reported in patients who received botulinum toxin injections for unapproved uses. In these cases, the adverse reactions were not necessarily related to distant spread of toxin, but may have resulted from the administration of botulinum toxin products to the site of injection and/or adjacent structures. In several of the cases, patients had pre-existing dysphagia or other significant disabilities. There is insufficient information to identify factors associated with an increased risk for adverse reactions associated with the unapproved uses of botulinum toxin products.
Serious and/or immediate hypersensitivity reactions have been reported for botulinum toxin products, including anaphylaxis, serum sickness, urticaria, soft-tissue edema, and dyspnea. If such reactions occur with JEUVEAU, discontinue use of JEUVEAU and immediately institute appropriate medical therapy.
There have been reports following administration of botulinum toxins of adverse events involving the cardiovascular system, including arrhythmia and myocardial infarction, some with fatal outcomes. Some of these patients had risk factors including pre-existing cardiovascular disease. Use caution when administering to patients with pre-existing cardiovascular disease.
Increased Risk of Clinically Significant Effects with Pre-existing Neuromuscular Disorders
Individuals with peripheral motor neuropathic diseases, amyotrophic lateral sclerosis, or neuromuscular junction disorders (e.g., myasthenia gravis or Lambert-Eaton syndrome) were excluded from the JEUVEAU clinical studies. Patients with neuromuscular disorders may be at increased risk of clinically significant effects, including generalized muscle weakness, diplopia, ptosis, dysphonia, dysarthria, severe dysphagia and respiratory compromise from typical doses of JEUVEAU.
Dysphagia and Breathing Difficulties
Treatment with botulinum toxin products, including JEUVEAU, can result in swallowing or breathing difficulties. Patients with pre-existing swallowing or breathing difficulties may be more susceptible to these complications. In most cases, this is a consequence of weakening of muscles in the area of injection that are involved in breathing or oropharyngeal muscles that control swallowing or breathing.
Deaths as a complication of severe dysphagia have been reported after treatment with botulinum toxin. Dysphagia may persist for several months, and require use of a feeding tube to maintain adequate nutrition and hydration. Aspiration may result from severe dysphagia and is a particular risk when treating patients in whom swallowing or respiratory function is already compromised.
Patients treated with botulinum toxin products, including JEUVEAU, may require immediate medical attention should they develop problems with swallowing, speech or breathing.
Pre-existing Conditions at the Injection Site
Caution should be used when JEUVEAU is used in the presence of inflammation at the proposed injection site(s) or when excessive weakness or atrophy is present in the target muscle(s). Caution should be used when JEUVEAU treatment is used in patients who have marked facial asymmetry, ptosis, excessive dermatochalasis, deep dermal scarring, thick sebaceous skin or when subjects do not respond to 20 Units of botulinum toxin (e.g. the inability to substantially lessen glabellar lines even by physically spreading them apart). Do not exceed the recommended dosage and frequency of administration of JEUVEAU.
Ophthalmic Adverse Reactions in Patients Treated with Botulinum Toxin Products
Dry eye has been reported with the use of botulinum toxin products in the treatment of glabellar lines. Reduced tear production, reduced blinking, and corneal disorders, may occur with use of botulinum toxins, including JEUVEAU. If symptoms of dry eye (e.g., eye irritation, photophobia, or visual changes) persist, consider referring patient to an ophthalmologist.
Human Albumin and Transmission of Viral Diseases
JEUVEAU contains albumin, a derivative of human blood. Based on effective donor screening and product manufacturing processes, it carries an extremely remote risk for transmission of viral diseases. A theoretical risk for transmission of Creutzfeldt-Jakob disease (CJD) is also considered extremely remote. No cases of transmission of viral diseases or CJD have ever been reported for albumin.
The most frequently reported adverse reactions (≥ 1% and placebo) following injection of JEUVEAU were headache (12%), eyelid ptosis (2%), upper respiratory tract infection (3%), and white blood cell count increase (1%).
No formal drug interaction studies have been conducted with JEUVEAU. The potential for certain drugs to potentiate the effects of JEUVEAU warrant consideration given the potential risks involved and should be used with caution, including: aminoglycosides or other agents interfering with neuromuscular transmission, anticholinergic drugs, botulinum neurotoxin products, and muscle relaxants.
USE IN SPECIFIC POPULATIONS
The limited available data on JEUVEAU use in pregnant women are insufficient to inform a drug associated risk of adverse developmental outcomes.
There are no data on the presence of JEUVEAU in human or animal milk, its effects on the breastfed infant, or its effects on milk production.
Safety and effectiveness in pediatric patients have not been established.
JEUVEAU is an acetylcholine release inhibitor and a neuromuscular blocking agent indicated for the temporary improvement in the appearance of moderate to severe glabellar lines associated with corrugator and/or procerus muscle activity in adult patients.
Please note that this information is not comprehensive. For more information about JEUVEAU, see the full Prescribing Information including BOXED WARNING, and Medication Guide, visit evolus.com.
To report side effects associated with use of JEUVEAU, please call 1-877-EVOLUS1/1-877-386-5871. You are encouraged to report side effects of prescription drugs to FDA. Visit www.fda.gov/medwatch or call 1-800-FDA-1088.
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