Premier Points Terms and Conditions
Updated October 14, 2020
Obagi Privacy Policy and Use of Your Information
The information that you provide in connection with the Obagi Premier Points® program (the “Program”) may be (1) used by Obagi Cosmeceuticals LLC or its affiliates (“Obagi”) for internal purposes and to send you information about the Program and its products and services, and (2) provided by Obagi to the physician from whom you have purchased Obagi products under the Program for his or her internal purposes. Except as described in the preceding sentence the information you provide to Obagi under the Program will not be provided to third parties, except as necessary for the administration of the Program or as required by law or legal process. If you do not wish Obagi or its agents to send information to you about the Program and its products and services or to share information about your purchases with the physician from whom you purchased the Obagi Products under the Program, you should not participate in the Program. By participating in the Program, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Policy. By using the Program, you agree to be bound by the terms of our Privacy Policy.
Our policy is not to sell any personal information to any third party for marketing purposes, and for the 12-month period prior to the date of this Privacy Policy, we have not sold any of your personal information. However, under California law, California residents have the right to request in writing from the businesses with which they have established a business relationship: (1) a list of the types of personal information (e.g., name, email address, shipping address, etc.) that the business has disclosed to any third parties, including affiliates that are separate legal entities, during the immediately preceding calendar year for direct marketing purposes by the third party; and (2) the names and addresses of all such third parties. To request this information, you can email us at: customerservice@obagi.com or write to us at:
Obagi Cosmeceuticals LLC
Attn: Customer Service—Privacy
3760 Kilroy Airport Way #500
Long Beach, CA 90806
When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide your email address or another item of personal information. We also may use a third party verification provider to verify your identity. We will respond to these requests for information within 30 days following receipt of your email or written request for information. Please note that we are only required to respond to each customer no more than once per calendar year.
Please click here https://www.obagi.com/sites/default/files/ccpa-website-privacy-policy.pdf for more information on our California Website Privacy Policy.
Obagi Premier Points Program® Terms and Conditions
The Obagi Premier Points program (the “Program”), created and administered by Obagi Cosmeceuticals LLC (“Obagi,” “we,” “us,” or “our”), is provided to you (“you,” “your”) under the following terms and conditions, which may be amended from time to time and, together with any additional terms and conditions, rules, or policies that may be applicable to specific offerings made in connection with the Program, will be referred to collectively as the (“Terms and Conditions”). Any amendments or changes to the Terms and Conditions will be automatically updated. Your participation in and use of the Program and associated mobile application (the “App”) are subject to the Terms and Conditions and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. Your failure to follow these Terms and Conditions may result in termination of your participation in the Program and cancellation of all points you have accrued under the Program, without notice, in addition to any other remedies Obagi may pursue.
BY DOWNLOADING THIS APP AND USING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS.
Description of the Program
The Program is a points-based App whereby registered users of the Program may accrue points by purchasing any Obagi® product (a) in a participating physician’s office or medical spa , (b) through a physician’s website on the Obagi Premier ShopMD Platform (“MD Site”), or (c) through www.obagi.com. Each time a registered user purchases a product in a participating physician’s practice, through a MD Site or through www.obagi.com he or she will earn a specified number of Obagi Premier Points. Users should check with their physicians to determine whether they participate in the Obagi Premier Points program.
Accrued Obagi Premier Points can be redeemed for certain free non-prescription Obagi products (“Free Products”). Points accrued in the Program are non-transferable to other users or accounts and have no cash or monetary value. The Program may be changed from time to time at Obagi’s sole discretion. Any change to the Program will be contained in an update to this app.
Program Eligibility
Registered users of the Program must be legal residents of the United States or Puerto Rico and be 18 years of age or older at the time of registration (void where prohibited by law). Employees of Obagi and its related entities and their immediate family members are not eligible. Only one member account per person is allowed. All products purchased to qualify for this Program must be purchased within the United States.
Participant Registration
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by the App and maintain and promptly update your personal data to keep it true, accurate, current, and complete. All Free Products will be shipped to you at the address you provide through the registration process, so if you move or your address changes, you will need to update your shipping address promptly. If you provide any information that is not true, not current, or incomplete, or if we have reasonable grounds to suspect that your information is not true or current, or incomplete, we have the right to suspend or terminate your use of the Program. Only one account per person is allowed. If you attempt to obtain more than one Program account, we may terminate all of your accounts and you may lose all earned points.
Account Security
You will create a username (your email address) and a password upon completion of the registration process. You agree to maintain the confidentiality of your account, including your password. You are fully responsible for all activities that occur under your account or any other breach of security, and you should remember to close the app each time you are done using it. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason you or we terminate your account, all of your accrued points will be forfeited.
Earning Obagi Premier Points
Obagi Premier Points can only be earned on purchases of Obagi products: (a) at a participating physician’s office, (b) through a physician’s MD Site or (c) through www.obagi.com . Each Obagi product will be assigned a number of Obagi Premier Points. Products purchased through a participating physician (whether at the office of through a MD Site) will receive twenty-five percent (25%) more points than products purchased through www.obagi.com.
To earn Obagi Premier Points, you must follow these steps:
- When you are ready to purchase an Obagi product in your physician’s office, open the Obagi Premier Points App on your smartphone.
- Log your purchase by scanning the barcode that can be found on the product or manually select the products from a list.
Once the scan is verified and confirmed, ask a staff member at your physician’s office to scan the unique “practice code” to confirm your in-office purchase.- Once the purchase is verified, you will see a confirmation page that states how many total points you have earned from your purchase, as well as your Obagi Premier Points total.
If you purchase products through a MD Site or www.obagi.com your Premier Points will automatically be added to your account when your products are shipped from our third party fulfillment center.
Earned points can only be applied to your account and are not transferable to another account. You can check to confirm that your purchase has been properly logged and your earned points have been accrued by looking at your “purchase history” under “my account.”
All decisions regarding point balances, benefits, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.
Membership Tiers
When you enroll in the Program, you will begin in the Premier membership level. If you are already a member of the Program at the time of this update to the Terms and Conditions, you will automatically be enrolled in the membership level you were in prior to this update. As you continue to accumulate Obagi Premier Points, you can move up to higher membership levels as described below. Once you have accumulated sufficient Obagi Premier Points to qualify for the next level, you will automatically be moved up to that level and will receive the additional benefits offered to members at that level.
The required number of points to reach each level are:
|
Member Level |
Required Obagi Premier Points |
|
Premier |
0-399 |
|
Bold |
400-899 |
|
Fierce |
900-1,399 |
|
Daring |
1,400-1,999 |
|
Fearless |
2,000 + |
* Members will automatically earn a bonus of 20 Obagi Premier Points on their birthday if they have chosen to fill out the field for birthdate through the App.
Fearless Members will also earn a bonus of 50 Obagi Premier Points for every 500 points earned above 2,000,
The benefits associated with each level are:
|
|
Premier |
Bold |
Fierce |
Daring |
Fearless |
|
New Product Notifications |
x | x | x | x | x |
|
20 Birthday Bonus Points |
x | x | x | x | x |
|
Opportunity to review products and earn bonus points |
x | x | x | x | x |
|
Access to exclusive content |
x | x | x | x | x |
|
Opportunities to earn bonus points and additional free products |
x | x | x | x | x |
|
20 Level-Up Bonus Points |
|
x | x | x | x |
|
Exclusive Promotions |
|
|
x | x | x |
|
Bonus Point Days where you can earn additional points on select products random days throughout the year |
|
|
x | x | x |
|
Opportunities for free gift with purchase |
|
|
|
x | x |
|
Earn 50 bonus points for every 500 points earned passed 2,000 |
|
|
|
|
x |
From time to time Obagi may change the membership levels, points required to qualify for a membership level or benefits offered to a membership level, in its sole discretion. You will be notified on any changes through an update to these Terms and Conditions.
Redeeming Obagi Premier Points
You may redeem points accrued in your account for available Free Products, provided that your account is in good standing at the time of the point redemption request. The number of accrued points required for each available Free Product can be found by visiting the “redeem” section of the App, searching for the Free Product name, and reading the product information and points associated with the product below.
To redeem your Obagi Premier Points:
- Visit the Redeem page and search for the Free Product you wish to redeem.
- Add the Free Product to your Shopping Bag. Continue shopping if you have enough points available to redeem another Free Product, or proceed to checkout.
- Enter your shipping information and save it to the app.
- You will receive a verification on the App and an email that your order is complete and ready to ship.
The amount of points required for each Free Product and the types of Free Product available for redemption shall be determined at the sole discretion of Obagi, and are subject to change, modification, addition, or deletion by Obagi at any time and without prior notice.
Redeemed Free Products are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, or other benefits, or points under any circumstances.
Expiration of Obagi Premier Points
Obagi Premier points earned do not expire. Points are automatically deposited after logging your purchase at your physician’s office.
Product Reviews
After purchasing an Obagi product at a participating physician or receiving a Free Product, you will have the opportunity to provide a review of the product through the App by assigning it a number of stars and/or providing your written opinion of the product. You may only review a product once. If you complete a star rating, you will automatically receive a bonus of 10 Obagi Premier Points, regardless of the number of stars you have given the product. If you complete a written review of a product, you will automatically receive a bonus of 25 Obagi Premier Points, regardless of whether the review is positive or negative. Obagi reserves the right to delete or modify any written reviews that contain profanity or other obscene, offensive, graphic, defamatory and/or inappropriate language. By posting a written review you hereby grant Obagi the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, and on a royalty-free basis, your name and the content of your review. All product reviews are strictly the opinion of the individual reviewer and not Obagi, and Obagi expressly disclaims any claims or comments made about a product by any reviewer.
Participating Practices and Obagi Distributors
All physician practices and medical spas that distribute Obagi products are restricted to activities related to the sale and verification of Obagi products to patients. Physicians and staff are not eligible to create individual accounts, earn or accrue points, or redeem Free Products through the Program.
Reservation of Rights
The Program and Free Products are offered at Obagi’s discretion, and Obagi has the right to modify or discontinue, temporarily or permanently, the Program, including the point levels, membership levels and Free Products offered, in whole or in part, for any reason, at our sole discretion. Obagi may, among other options, change the number of points accrued when you purchase an Eligible Product; increase the points required for Free Products; change the membership levels; change the points required to qualify for a membership level; change the benefits offered to a membership level; or modify the list of Eligible Products and/or Free Products at any time. You agree that Obagi will not be liable to you or any third party for any modification or discontinuance of the Program or Free Products offered, in whole or in part.
Fraud
Fraud or abuse relating to the accrual of points or redemption of points for Free Products may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of your points that could occur due to the theft or sharing of your password. The Program is provided to individual users for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER REGISTERED USERS YOUR ACCOUNT INFORMATION SO THAT THEY MAY SHARE YOUR ACCRUED POINTS OR ACCUMULATE POINTS ON YOUR BEHALF, OR TO HAVE A PHYSICIAN’S OFFICE SCAN ITS PRACTICE CODE FOR YOU FOR OBAGI PRODUCTS THAT HAVE BEEN PURCHASED ONLINE, THROUGH A NON-PARTICIPATING PHYSICIAN, OR ANYWHERE OTHER THAN IN THAT PHYSICIAN’S OFFICE. ANY PARTICIPANT WHO ENGAGES IN SUCH BEHAVIOR WILL HAVE HIS ACCOUNT CANCELLED AND ALL ACCRUED POINTS WILL BE DELETED IMMEDIATELY.
Violation of the Terms
You understand and agree that at our sole discretion, and without prior notice, we may remove points from your account as a penalty, terminate your access to the Program, and/or deactivate or delete your account, if we determine that you have violated these Terms and Conditions.
Related Communications
As a registered user of the Program, you will automatically be signed up to receive personalized physical mail, emails, push notifications, information, and offers from Obagi or as otherwise specified by Obagi. At any time after you register, you may opt out of emails regarding information and offers by clicking on the unsubscribe link at the bottom of each email or opt out of push notifications by changing your preferences in the My Account section of the App.
Copyrights
You should assume that all content in this mobile application is copyrighted unless otherwise noted and that it may not be used except with our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Obagi copyright.
Trademarks
All product/brand names, characters, slogans, logos, service marks, and trademarks, whether or not appearing in italicized, bolded, and/or in large print, with or without the trademark symbols, are owned by or licensed to Obagi Cosmeceuticals LLC or its 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 Trademarks of Obagi or any third party. No use of any Trademarks may be made without our prior written authorization, except to identify the product or services of the company.
Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. 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 other 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 as if the invalid or unenforceable provision were not contained therein. Obagi and its representatives, agents, directors, officers, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or point 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 Free Product or acceptance, delivery, or failure to timely deliver, possess, or use the Free Product, 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 we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns, 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 app or any such dispute, regardless of whether Obagi or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances will you be permitted to obtain benefits for costs other than your actual out-of-pocket expenses (i.e., costs, if any, associated with participating in the Program); you hereby waive all rights to claim punitive, incidental, or consequential damages, including attorney’s fees, and you further waive all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special, or exemplary damages, even if advised of the possibility of such damages, arising from the use of the Program or inability to use the Program or any other provision of these Terms and Conditions. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties.
Medical Advice
No information contained on this mobile application is provided with the intention to give medical advice or instructions on the accurate use of our products. We cannot answer unsolicited emails requesting personal medical advice. Obagi Premier Points members should always consult a health care professional regarding the use of Obagi products.
Limitation of Liability
By participating in the Program, you agree to release, discharge, and hold harmless Obagi and their affiliates, representatives, agents, directors, officers, shareholders, and employees from any and all liability for any injuries, losses, or damages of any kind arising from or in connection with the Program.
amages of any kind arising from or in connection with the Program.