NEO Rewards + Ultherapy® TERMS OF USE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM.

Thank you for your interest in participating in the NEOCUTIS® Rewards Program, NEO Rewards + Ultherapy (“NR”), formerly Swiss Rewards. These Terms of Use (“NR Terms”) govern your participation in NR. The NR Terms reference and incorporate NEOCUTIS’ Privacy Policy, and these Terms of Use (the “Terms”).

By participating in NR, you agree to abide by these NR Terms as modified from time to time. These NR Terms Apply to any actions you take with respect to your participation in NR.

EARNING REWARDS

  1. Merz employees and their immediate family members are not eligible for Neo Rewards.
  2. The NR is available to all customers who are 18 years of age and older. Customers who participate in the NR (hereinafter “Participant[s]”) will accumulate LOYALTY POINTS for completing actions relating to their account (“LOYALTY POINTS”) as set forth in the NR dashboard in the App and through your NEOCUTIS providers’ use of the Merz HCP Portal. At any time, NEOCUTIS may adjust the points earned for taking actions within the app.

  3. A Participant will earn LOYALTY POINTS by making purchases at participating NEOCUTIS skincare providers, purchasing an ULTHERAPY treatment, and by taking specified actions outlined within the Android and iOS Apps, such as but not limited to connecting to Facebook and Instagram, signing up to receive emails from NEOCUTIS, sharing content on social media and using #neocutis. NEOCUTIS reserves the right to remove points and close a NR account if Neocutis in its sole discretion determines that a #neocutis posting is not relevant to skincare. Valid use of #neocutis may include  highlighting before and after images and showcasing the product on your shelf or in a selfie. Invalid use of #neocutis images may include an image of your pet or children that is not related to skincare.

  4. Participants may see their LOYALTY POINTS balance by logging into the NR App or by asking a participating NEOCUTIS skincare provider.

  5. Participants may not redeem or exchange accumulated LOYALTY POINTS for cash. NR Participants may not give, donate, share or transfer their LOYALTY POINTS to another Participant’s account.

  6. LOYALTY POINTS have no expiration date.

  7. Previously earned valid Swiss Rewards points can be transferred to NR. Click here to request point transfer.

PRODUCT REWARDS

  1. Participants will be eligible to redeem LOYALTY POINTS for specific NEOCUTIS products as set forth in the App and the Merz HCP Portal. Products earned through NR may not be returned or exchanged. If NEOCUTIS determines at any time that a Participant is re-selling product earned through NR, or violating the NR Terms, NEOCUTIS reserves the right to terminate the Participant’s NR account without notice and revoke any remaining points from the Participant’s account at NEOCUTIS’ sole discretion. Once you have redeemed for a NEO Rewards product or item, it cannot be returned, exchanged, or cancelled, except a defective product may be replaced by NEOCUTIS.

  2. The value of your rewards points will not be returned if you make a return or exchange. Rewards points have no cash value and cannot be redeemed for cash or merchandise credit. Once you have redeemed for a NEOCUTIS product, it cannot be returned, exchanged, or cancelled. At any time, NEOCUTIS may adjust the points required to redeem a free NEOCUTIS product.

REDEEMING LOYALTY POINTS

  1. LOYALTY POINTS may only be redeemed within the App or at a participating NEOCUTIS skincare provider. LOYALTY POINTS cannot be redeemed as a partial payment for NEOCUTIS product. To redeem LOYALTY POINTS for free NEOCUTIS product, you must have spent at least $97 at a participating NEOCUTIS skincare provider’s office in the prior 12 months.

  2. Participants are eligible to redeem LOYALTY POINTS for free NEOCUTIS product. If a product is returned, NEOCUTIS reserves the right to cancel the LOYALTY POINTS awarded for the purchase of the returned product at NEOCUTIS’ sole discretion.

ACCOUNT INFORMATION

  1. You may view your account activity within the NEO Rewards App within the “Activity” section.

  2. Your account information can be viewed and edited within the NEO Rewards App. A participating NEOCUTIS skincare provider may also view and edit your account information within the Merz HCP Portal.

TERMINATION

  1. Participation in NR is a privilege granted to NEOCUTIS customers who choose to participate. NEOCUTIS reserves the right to suspend, revoke, or terminate a Participant’s account at any time at its sole discretion.

  2. NEOCUTIS specifically reserves the right to terminate, cancel, suspend or modify the NR, or any Participant’s account if a virus or other technical problem corrupts the administration, security, safety or proper function of the App, or if a Participant violates the NR Terms, as determined by NEOCUTIS in its sole discretion. In addition, NEOCUTIS reserves the right to terminate, cancel, suspend and/or permanently ban any specific Participant’s participation in the NR if NEOCUTIS suspects that the Participant is conducting fraudulent activity to acquire, accumulate or spend LOYALTY POINTS including, but not limited to, by creating multiple NR accounts, making false referrals, otherwise abusing the NR, or if NEOCUTIS suspects that the Participant is re-selling product earned through NR.

  3. In the event a Participant’s account is terminated, all benefits including all accrued LOYALTY POINTS and other program benefits will automatically and immediately be forfeited.

PROGRAM CHANGES

NEOCUTIS reserves the right to vary any or all of the terms of the NR, to amend the NR Terms, or to terminate the NR, at any time without notice and without further obligations to Participants. Notice of any such changes, amendments or termination will be provided to Participants via email, or by being posted on the App or NEOCUTIS website and will be effective when emailed or posted on the App or Site as Applicable unless otherwise stated in such notification.

REGISTRATION

You must register through a NEOCUTIS physician or through the Android or iOS App to participate in the NR Loyalty Program. During registration you will be required to provide contact information including first name, last name, email address, password, phone number, date of birth, your preferred NEOCUTIS skincare provider, and how you heard about NEO Rewards. First name, last name, email address, password, and phone number are required. Your phone number is only used to look up your account if you forgot the email address associated with your account. NEOCUTIS reserves the right to reject or remove a user.

AGE OF USERS

Children under the age of 18 may not participate in the loyalty program, and parents may not agree to the NR Terms on their behalf. If we become aware that a child under the age of 18 has provided, or attempted to provide, us with personal information we will use our best efforts to remove this information permanently from our files.

INTELLECTUAL PROPERTY

All content included on this App, such as text, graphics, logos, button icons, videos, and images, is property of NEOCUTIS, and is protected by United States and international copyright laws.

Social media sites are the property of their respective companies and the social media sites are not affiliated with NEOCUTIS. Any social post via these or other social media sites is subject to all rules and regulations of such sites.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this App are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

NEOCUTIS products have not been studied in combination with ULTHERAPY. For product and safety information, please visit Ultherapy.com/IFU.

YOU MAY NOT ASSERT ANY CLAIMS FOR MONETARY DAMAGES ARISING FROM YOUR USE OF THIS APP OR ITS CONTENTS.

In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permissible under Applicable law, NEOCUTIS disclaims responsibility for and will not be liable for: (i) technical problems or malfunctions that affect the App; (ii) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (iii) any condition beyond NEOCUTIS’ control.

COMPANY ACTIONS REGARDING VIOLATIONS

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right at all times to disclose any information as we deem necessary to satisfy any Applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. You also agree to reimburse us for any damage, loss, cost or expense we incur (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the App for any unlawful or prohibited purpose.

APPLICABLE LAW AND VENUE

By visiting the Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between us. Any dispute relating in any way to your visit to the App or to products or services sold or distributed by us shall be adjudicated in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION, SEVERABILITY AND ASSIGNMENT

These Terms supersede all previous terms, including without limitation the terms of the Swiss Rewards Loyalty Program.

INTERNATIONAL USE

NEOCUTIS makes no representations that the App or its content is Appropriate or available for use in locations outside the United States. If you chose to access the App from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.