Terms and Conditions
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 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)
JEUVEAU may cause serious side effects that can be life threatening. Get medical help right away if you have any of these problems any time (hours to weeks) after injection of JEUVEAU:
- Problems swallowing, speaking, or breathing, due to weakening of associated muscles, can be severe and result in loss of life. You are at the highest risk if these problems are pre-existing before injection. Swallowing problems may last for several months.
- Spread of toxin effects. The effect of botulinum toxin may affect areas away from the injection site and cause serious symptoms including: loss of strength and all-over muscle weakness, double vision, blurred vision and drooping eyelids, hoarseness or change or loss of voice, trouble saying words clearly, loss of bladder control, trouble breathing, trouble swallowing.
Do not use JEUVEAU if you: are allergic to any of the ingredients in JEUVEAU (see Medication Guide for ingredients); had an allergic reaction to any other botulinum toxin product such as rimabotulinumtoxinB (MYOBLOC®), onabotulinumtoxinA (BOTOX®/BOTOX® Cosmetic), abobotulinumtoxinA (DYSPORT®), or incobotulinumtoxinA (XEOMIN®); have a skin infection at the planned injection site; or are a child.
JEUVEAU dosing units are not the same as, or comparable to, any other botulinum.
Tell your healthcare provider about all your muscle or nerve conditions, such as ALS or Lou Gehrig’s disease, Myasthenia gravis, or Lambert-Eaton syndrome, as you may be at increased risk of serious side effects including difficulty swallowing and difficulty breathing from typical doses of JEUVEAU.
Tell your healthcare provider about all your medical conditions, including: any side effects from botulinum toxin products, including dry eye; breathing, swallowing, bleeding, or heart problems; plans to have surgery; weakness of forehead muscles; drooping eyelids; have had surgery on your face; are pregnant or breastfeeding or plan to become pregnant or breastfeed (it is not known if JEUVEAU can harm your unborn baby or passes into breast milk).
Tell your healthcare provider about all the medicines you take, including prescription and over-the-counter medicines, vitamins, and herbal supplements. Using JEUVEAU with certain other medicines may cause serious side effects. Do not start any new medicines until you have told your healthcare provider that you have received JEUVEAU in the past.
Especially tell your healthcare provider if you: have received any other botulinum toxin product in the past and the last 4 months, and exactly which product you received (such as BOTOX, BOTOX Cosmetic, MYOBLOC, DYSPORT, or XEOMIN).
JEUVEAU may cause loss of strength or general muscle weakness, vision problems, or dizziness within hours to weeks of treatment with JEUVEAU. If this happens, do not drive a car, operate machinery, or do other dangerous activities.
JEUVEAU can cause other serious side effects including: allergic reactions such as itching, rash, red itchy welts, wheezing, trouble breathing, asthma symptoms, or dizziness or feeling faint. Tell your healthcare provider or get emergency medical help right away if you develop wheezing or trouble breathing, or if you feel dizzy or faint. Heart problems. Irregular heartbeat and heart attack that have caused death, have happened in some people who received botulinum toxin products. Eye problems such as dry eye, reduced blinking, and corneal problems. Tell your healthcare provider if you develop eye pain or irritation, sensitivity to light, or changes in your vision.
The most common side effects include: headache; eyelid drooping, upper respiratory tract infection, and increased white blood cell count.
JEUVEAU is a prescription medicine that is injected into muscles and used in adults for a short period of time (temporary) to improve the look of moderate to severe frown lines between the eyebrows (glabellar lines).
The risk information provided here is not complete. For more information about JEUVEAU, see the full Prescribing Information including BOXED WARNING, and Medication Guide, visit evolus.com or talk to your healthcare provider.
To report side effects associated with use of JEUVEAU, please call 1-877-EVOLUS1/1-877-386-5871. You are encouraged to report negative side effects of prescription drugs to the FDA. Visit www.fda.gov/medwatch or call 1-800-FDA-1088.
Exclusively licensed and manufactured for: Evolus, Inc., 520 Newport Center Drive, Suite 1200, Newport Beach, CA 92660
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