SKINCEUTICALS VIP SKINSIDER PROGRAM

PARTICIPATION TERMS & CONDITIONS

PLEASE READ CAREFULLY. By participating, you agree to the following terms and conditions for the SkinCeuticals VIP Skinsider Program, including, where permitted by law, binding arbitration in the event of any disputes involving your purchases or participation. You need not join to purchase products at www.skinceuticals.com. Purchases made at other authorized retailers and/or SkinCeuticals skincare professionals are not eligible towards the VIP Skinsider Program.

Membership & Eligibility
The SkinCeuticals VIP Skinsider Program ("Program") offered by SkinCeuticals ("SkinCeuticals") is open to customers located in the United States. Membership in the Program ("Members") is limited to individuals only and is limited to one account per individual. Employees, agents and representatives of SkinCeuticals and its affiliates are ineligible to enroll. You must be age 18 years or older. Anyone under majority in her/his state must obtain parental or legal guardian consent before participating. SkinCeuticals may, at any time, terminate, change, limit, modify the Program or any rules, regulations, benefits or conditions of participation by posting the modified rules at www.skinceuticals.com/vip.html. Your continued participation in the Program after such posting will constitute your acceptance.

Benefits
In order to participate in program, Member must have an account with SkinCeuticals. Creating an account is free. After three (3) purchase transactions (“Purchase”) - on SkinCeuticals.com, within the previous twelve months, purchasers will be automatically enrolled into Program. Members shall receive free shipping on all orders, early access to new products, surprise offers throughout the year and a gift for your birthday. Gifts may be available for a limited time or in limited quantities and substitutions by SkinCeuticals may occur. Gifts may not be returned or exchanged. The retail value of any gift do not count toward any free shipping or other offers requiring minimum purchase online.

Membership is valid twelve (12) months from third Purchase. Member must Purchase a minimum of three (3) times during the next twelve (12) months to maintain active membership.

Account Activity
Account activity will be posted to Member’s account approximately 72 hours from purchase. Purchases that are subsequently returned may limit your Reward redemption until a substitute purchase is made. Members are responsible for ensuring the accuracy of their account, including email, mailing address and other contact information. SkinCeuticals is not responsible for any incorrect or inaccurate information provided by Member. Member accounts and benefits cannot be transferred or used by others.

SkinCeuticals reserves the right to deactivate or cancel Member’s accounts for any reason, including but not limited to suspected fraudulent activity.

Membership Cancellation
Members may cancel participation at any time by contacting us at 1-800-771-9489 or email us by filling out this form.

Communications
As a member, you will periodically receive emails and offers from SkinCeuticals. You may opt-out of the marketing emails at any time, however, administrative emails about Skinsider Member accounts will be sent subject to account cancellation.

General Program Conditions
By enrolling in Program, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete.

By participating in Program, Members agree to release and hold harmless SkinCeuticals, its parent, officers, directors, employees, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, losses or damages of any kind, including personal injury, death, or damage to or loss of property, arising out of participation in the Program.

Artwork, photography, and logos, including those for SkinCeuticals used in conjunction with Program, on website or in print are copyrighted intellectual property of SkinCeuticals. These materials may not be reproduced, replicated or doctored in any manner. All other material, including text, photos and design, is copyright to SkinCeuticals VIP Skinsider Program and may not be reproduced elsewhere without explicit written permission.

Limitation of Liability
SkinCeuticals is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by a Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither SkinCeuticals nor respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of or the production or distribution of Rewards Program (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED OR SUPPLIED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. SKINCEUTICALS ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS, ARE NOT RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OFFERED BY THE PROGRAM PARTNERS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SKINCEUTICALS ITS JOINT VENTURES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY PROGRAM PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program. By participating in the Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in Program, use of rewards, or agreement to these Terms. SkinCeuticals is not responsible for requests or correspondence lost or delayed in the mail.

Arbitration/Choice of Law
The Program and these terms are governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations. SkinCeuticals and each Member agree that any dispute, claim, or controversy arising from or relating to the Program will be resolved by binding arbitration, where allowed by law, conducted in the State of New York. SkinCeuticals and Member each acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. SkinCeuticals and Member each understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this SkinCeuticals Program will be consolidated with any other arbitration.

Privacy
Your privacy is important to us. Enrollment information collected by the Program is subject to the SkinCeuticals Privacy Policy.

Questions
If you have questions about your enrollment, these Terms and Conditions, or Reward Offers, please contact SkinCeuticals’s Customer Support at our toll free number: 1-800-771-9489.

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SkinCeuticals, 10 Hudson Yards, New York NY 10001