Terms and Conditions
Evolus Rewards Consumer Loyalty Program
Effective Date: May 1, 2021
The Evolus Rewards Consumer Loyalty Program (the “Program”), owned and operated by Evolus, Inc. (“Evolus,” “we,” “us” or “our”) is provided to you (“you,” “your,” or “user”) under the following terms and conditions, including the amendments thereto and with any additional terms and conditions, rules, or polices that may be applicable to particular offerings made 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 membership to the Program and all benefits you have accrued in the Program, without notice, in addition to Evolus’s other remedies. Your membership, 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. 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 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 registered eligible users of the Program may accrue benefits by engaging in certain activities, and may, in turn, redeem those benefits (“Benefits”) provided by Evolus. Benefits accrued in the Program have no independent cash or monetary value and 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 Benefit may be confiscated by Evolus and/or cancelled. The Program may be changed from time to time at Evolus’s sole discretion without advanced notice. Any change to the Program or 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.
- Program Eligibility
The Program is open to legal residents of the United States who are 18 years of age or older at the time of registration (21 years of age where required). Void where prohibited or restricted by law. Only one member account is allowed per person. All treatments with Evolus products must be purchased within the United States.
- Medical Advice
NO INFORMATION CONTAINED ON THIS SITE OR IN ANY EMAIL OR TEXT MESSAGE OR OTHER CORRESPONDENCE SENT TO YOU BY EVOLUS IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE APPROPRIATE USE OF OUR PRODUCTS. WE CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE; YOU SHOULD ALWAYS CONSULT A HEALTH CARE PROFESSIONAL.
- 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, including the Benefits offered, in whole or in part, for any reason, at our sole discretion. Evolus may, among other options, withdraw, limit, modify, or cancel any Benefit; change the value of any Benefits; increase the requirements for any Benefit; or modify or condition the redemption of Benefits. You agree that Evolus will not be liable to you or any third party for any modification or discontinuance of the Program or any Benefit offered, in whole or in part.
- Membership Registration and Enrollment
In order to participate in the Program, you first must register and enroll by following the text prompts and link to the registration site and following the on-screen prompts. Becoming a Program member is simple and free using the Evolus mobile-enhanced site sent to you via text message. By enrolling in the Program, you agree to receive text and e-mail messages from Evolus. Message and data rates may apply.
The Program is available on most U.S. mobile carriers. Certain carriers, voice over IP (VoIP) and internet generated phone numbers are ineligible to participate in the Program, Evolus reserves the right to stop service of the Program on any carrier.
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by the online registration form and to maintain and promptly update your personal data to keep it true, accurate, current, and complete.
If you provide any information not true, inaccurate, not current, or incomplete; or if we have reasonable grounds to suspect that such information is not true, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you. Only one member account per person. If you attempt to sign up for more than one membership, we may terminate your account and all Benefits will be forfeited.
- Account Security
You agree to maintain the confidentiality of your account, and that you are fully responsible for all activities that occur under your account or any other breach of security.
We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your Benefits accrued will be forfeited.
- Earning and Redeeming Program Benefits
Upon registration and enrollment in the Program, you will earn a Benefit in the amount set by Evolus off of your treatment with Jeuveau® (prabotulinumtoxinA-xvfs)or other Evolus product when you receive treatment at a healthcare professional’s office which is enrolled in the Evolus Program (The benefit was set at $40 as of the Effective Date of these Terms and Conditions but may be updated by Evolus at any time after the Effective Date). The healthcare professional’s office must be enrolled in the Program in order for you to redeem your Benefit at that office, so it is important to check with the office before receiving treatment. Evolus reserves the right to expire any unused initial Benefit after one year.
After the initial benefit is validly redeemed, additional Benefits are earned for each subsequent treatment with Jeuveau® or another Evolus product; however, there must be a minimum of 90 days between each eligible treatment. In other words, you cannot earn a new Benefit until at least 90 days has elapsed from your last Benefit redemption.
Once earned, a Benefit is valid only between 90 – 180 days of the treatment in which you 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 establish additional means of accruing Benefits; to change the value of Benefits, to modify the expiration date of Benefits, 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 you and can be applied only to your account. You are responsible for ensuring that your Benefits are properly credited. If you believe that Benefits have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Benefits by you and proof of accrual within sixty (60) days after the date such Benefits are claimed to be earned. Benefits will be maintained in your account until they are redeemed or forfeited, whichever occurs first. All decisions regarding accrued Benefits, Benefits, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.
Benefits earned in two or more different accounts may not be combined. Redeemed Benefits are not refundable, exchangeable, replaceable or transferable for cash, credit or other benefits under any circumstances.
- Use of Your Information and Personal Information
Fraud or abuse relating to the accrual or redemption of Program Benefits may result in forfeiture of accrued Benefits as well as the termination of your account. You are solely responsible for any fraudulent use of your Benefits. The Program is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS BENEFITS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO REDEEM BENEFITS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR BENEFITS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS.
- 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 in our sole discretion, and without prior notice, we may remove Benefits from your account as a penalty, terminate your access to the Program, and/or deactivate or delete your membership account if we determine that you have violated our Terms and Conditions. Consumers 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.
JEUVEAUis 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 JEUVEAUand 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.
Manufactured by: Evolus, Inc., 1027 Garden St., Santa Barbara, CA 93101
©2021 Evolus, Inc. All rights reserved. JEUVEAU is a registered trademark of Evolus, Inc. All other trademarks are the property of their respective owners.