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Sunny Day Rewards Program Terms and Conditions

EltaMD Sunny Day Rewards Program

Terms and Conditions

BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE SUNNY DAY REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). YOU MAY NOT PARTICIPATE IN THE SUNNY DAY REWARDS PROGRAM UNLESS YOU UNDERSTAND AND AGREE TO THESE TERMS.

1. Membership & Eligibility

The Sunny Day Rewards Program (“Program”) is a rewards program offered by CP Skin Health Group, Inc. (“EltaMD,” “we,” “us” or “our”) to its customers located in the United States. Membership in the Program (“Membership”) is limited to only individuals and there shall only be one account per individual. You must be 18 years or older and a legal resident of the United States of America to be eligible for the Program. For avoidance of doubt, “individuals” shall include only natural persons transacting in their personal capacity. No business entities, third-party aggregators, organizations or groups may register for the Program or earn Points. In these Terms the use of “you”, “your” or “Member” means any person using the Program.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS.

There is no fee associated with joining the Program. Purchases made by individuals who are employed by or otherwise affiliated with EltaMD or its affiliates (e.g., Colgate-Palmolive Company or Hill’s Pet Nutrition) shall not apply to this Program.

2. Joining the Program

To participate and enjoy the benefits of the Program, eligible individuals (as described in Section 1 of the Terms) must enroll and become a member of the Program (“Member”). To become a Member, you must sign up, at no cost, at https://www.EltaMD.com/pages/loyalty. By applying for Membership on EltaMD’s website, you represent that all the information you provide is accurate and up-to-date. All communications from EltaMD to you shall be based on the contact information provided by you.

EltaMD reserves the right to limit participation and enrollment in the Program at any time and in its sole discretion.

3. Points and Rewards

Earning Points

The Program is a customer loyalty program that allows Members to receive and redeem points (“Points”) for every dollar spent on eligible product purchases. Upon enrollment in the Program, you will start to receive Points for the completed purchases and transactions. For every dollar spent on purchases through Eltamd.com, you shall receive one Point. For every dollar spent on purchases through an Authorized Skin Care Professional, you shall receive two Points.In calculating points earned, partial dollar amounts will be rounded down to the nearest whole dollar. You will not receive any Points for any amounts paid for delivery fees or taxes. For avoidance of doubt, “Authorized Skin Care Professional” shall mean a dermatologist or other skin care professional authorized to sell EltaMD products.

EltaMD, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers. Eligible Points shall be described in such offers and they may be subject to additional terms as set forth in the applicable offer. The potential number of Points associated with each offer shall be stated on EltaMD’s website and subject to change at any time without prior notice to Members.

EltaMD automatically tracks the Points you receive at the time of the qualifying purchase, transaction or activity. Such Points are only eligible to be credited to one Member account. Points shall be credited to your account upon completion of the qualifying transaction or activity. In some cases, it may take up to twenty-four (24) hours for the Points to be credited to your account. EltaMD shall not be responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Points or Membership Tier benefits to a Member’s account.

Rewards

The Program is a customer loyalty program that allows Members to receive and redeem Points for rewards and benefits on an individual basis. Your benefits and Rewards shall be based on your Membership Tier (as defined below). EltaMD reserves the right the change the Rewards and benefits at its sole discretion and without notice.

Redeeming Rewards.

You shall be able to redeem your Points for Rewards through your Membership Account. Each Membership Tier (as defined below) contains certain Rewards that you shall be eligible for as a Member. Once a Reward is redeemed, the Points associated with that Reward shall expire.

Restrictions on Points, Rewards and Benefits

Participation in the Program is personal and non-transferable. Points, Membership Tiers, Rewards and benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred and have no cash value, are not redeemable for cash, gift certificate or gift cards, are purely promotional, and do not constitute property of any Member. EltaMD reserves the right to limit the redemption of specific Rewards, benefits and, number of Points, Rewards, and benefits available. Points may not be combined with other coupons or discount codes.If a sitewide gift with purchase promotion is active, you can use your reward code and still receive the gift with purchase If you return products you bought with Points or Rewards, the Points used for that purchase will not be credited back to your account.

Your Points shall expire after twelve (12) months of inactivity of your Membership account or for not completing the following actions: (a) creating an account; (b) making a purchase from EltaMD; (c) redeeming points; or (d) receiving a perk or reward. Any unredeemed Points shall expire upon the cancellation or termination of your Membership account.

4. Membership Tiers

Membership Tiers Generally

Each Member shall be assigned a tier status. There shall be four Membership tiers: Friend, Star, SPF Lover and VIP (each, a “Membership Tier”). All Membership Tiers shall be based on the dollars spent at checkout on eligible product purchases less any dollars spent on sales tax, shipping charges, E-Gift card redemptions and E-Gift Card purchases and any other Points received from other eligible activities. Once you reach a certain Membership Tier, you shall be eligible to redeem your Points for the certain Rewards and benefits associated with that Membership Tier.

The benefits associated with Membership Tier are list below and EltaMD has the sole discretion to revise the benefits associated with each Membership Tier. For an always-up-to-date explanation of Membership Tier Benefits, please visit https://eltamd.com/pages/loyalty

5. Communications and Opting Out

By submitting an application for Membership to the Program, you agree to receive advertising, marketing materials and other communications from EltaMD. By joining the Program, you automatically agree to be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request to stop such communications by Updating Your Preferences, or by calling Consumer Support: at 800.588.5561 Mon - Fri 8:00 am - 4:30 pm CT (excluding holidays).

6. Cancellation, Termination and Removal From Program

EltaMD shall have the right to modify, add or delete all or any portion of these Terms, benefits, Points or Rewards, at any time, with or without notice, at its sole discretion. If the Program is terminated or the Member’s account is closed, any remaining earned Points will be forfeited.

We reserve the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change the Membership Tiers, change the expiration date or redemption value of Points or Rewards, merge the Program with another program, or to adjust how Points or Rewards are received, calculated or redeemed.

EltaMD reserves the right to exclude and/or remove any individual from the Program in its sole but reasonable discretion. In particular, any abuse, manipulation of the Program or its rules, failure to comply with the Terms, inactivity for more than twelve (12) months, any misrepresentation or any actions detrimental to EltaMD may subject Members to having their Membership revoked or Points deducted. If your Membership is revoked or otherwise cancelled, any Points in your account will automatically expire.

7. Limitation of Liability

ELTAMD’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION GIVING RISE TO THE CLAIM. FURTHERMORE, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES SHALL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES, AND YOU FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright © 2022 CP Skin Health Group, Inc. All rights reserved. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of EltaMD and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of EltaMD or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of EltaMD is strictly prohibited.

9. Governing Law; Jurisdiction

Any disputes in connection with the Program or its rules shall be construed in accordance with the internal laws of the State of New York without regards to its conflicts of law principles. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A NEW YORK STATE OR UNITED STATES OF AMERICA COURT LOCATED IN NEW YORK COUNTY, STATE OF NEW YORK HAVING JURISDICTION AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION SUCH COURTS.

10. Changes to these Terms

Subject to applicable law, without notice to any Member, EltaMD reserves the right to make any changes, modifications, additions or deletions to the Program, these Terms or any other EltaMD policy.

11. Data Collection; Privacy Policy

Your enrollment in the Program shall be subject to EltaMD’s Privacy Policy, which is incorporated herein by reference.

12. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

13. Additional Information on the Program

If you have any additional questions regarding the Program, you may contact Consumer Support at https://eltamd.com/pages/contact-us

 

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