PREVACID®24HR PERKS OFFICIAL TERMS & CONDITIONS
Overview: Subject to the terms & conditions stated herein, Prevacid®24HR Perks members are eligible to enter UPC Codes available on packages of Prevacid®24HR to receive a Claim Code by email that can be used to redeem for a Reward (as defined herein) (limit one per month per household). There is no extra cost beyond the cost of the Prevacid®24HR product.
Use Prevacid®24HR as directed for 14 days to treat frequent heartburn (occurring two or more days a week). May take 1-4 days for full effect. Do not take for more than 14 days or more often than every 4 months, unless directed by a doctor. Visit www.Prevacid24HR.com or see product packaging for more information.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS WEBSITE. BY REGISTERING, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR THE WEBSITE. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE WEBSITE AND/OR ANY OF ITS COMPONENTS AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE AVAILABILITY OF REDEEMABLE REWARDS TO YOU ON GOING FORWARD BASIS. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY ANY MODIFICATIONS HEREOF AFTER NOTICE HAS BEEN GIVEN/POSTED OF ANY SIGNIFICANT CHANGES.
- Sponsor: Prevacid®24HR Perks (the "Program") is sponsored by Novartis Consumer Health, Inc. ("Sponsor"), 200 Kimball Dr, Parsippany, New Jersey, 07054-0622.
- Eligibility: This Program is open to all residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of February 26, 2013 (19 in AL and NE). The Program is void elsewhere and where prohibited. Employees of Sponsor, its parent, subsidiaries, affiliates, advertising and Program agencies, suppliers, and any other companies engaged in the development, production, or distribution of materials for this Website and/or Program, and household members of each such employee, whether or not related, are not eligible to participate in the Program.
- Program Term and Products: UPC Codes available on any count size of Prevacid®24HR (Prevacid®24HR 14ct, 28ct or 42ct) must be obtained and submitted between February 26, 2013 at 12:00:00 PM CT ("Start Date") and March 31, 2014 at 8:59:59 AM CT ("End Date").
- How to Participate: Become a member ("Member") of the Prevacid®24HR Perks community by visiting www.Prevacid24HR.com (the "Website") and registering. Registration includes providing certain information about yourself and your use of Prevacid®24HR.
- Purchase any size package of Prevacid®24HR between the Start and End Date.
- Register with your full name, address, email address, date of birth and password, answer the survey questions, and accept these Official Terms and Conditions; or sign into your account ("Member Account") with your email address and password at www.Prevacid24HR.com;
- Explore the available rewards ("Rewards") on the Perks page, and select your preferred Perk (available while supplies last);
- Between the Start and End Date, fill in the UPC code found on the package of Prevacid®24HR that you purchased and choose a pack size;
- By the End Date, click on "Redeem" to complete the process and check your email for your Claim Code and instructions;
- You will receive an email with a "Claim Code" (which may take the form of a code to enter or a link to click), to the email address you supplied in the registration process, with instructions on how to use your Claim Code to claim your Reward on the applicable Reward provider's website.
- Limitation of Accounts: One (1) Member Account is permitted per person and per email address. If it is discovered that you have created multiple Member Accounts by using multiple email addresses or identities, all of your Member Accounts may be void at the Sponsor's discretion. By registering, you agree to maintain the confidentiality of your password and Member Account, and that you are fully responsible for all activities that occur under your password or Member Account. UPC codes entered by one person into multiple Member Accounts under different email addresses may be voided by Sponsor in its sole discretion.
- Limitation of Rewards: Prevacid®24HR Perks are limited to one (1) Reward per month per household regardless of how many Prevacid®24HR packages you or someone in your household may purchase in any given month. A month is defined as the time between and including the first day and the last day of the calendar month. Each household may qualify for no more than eleven (11) rewards during the duration of the Program. Please retain your original store receipt and packaging for verification if requested and for your records. Duplicate or photocopied receipts will not be accepted. Any attempt to re-submit or enter UPC codes in excess of the limitation stated herein will be void and deemed ineligible to participate. All UPC codes are subject to verification at the sole discretion of Sponsor and its authorized agents.
- Claim Codes: Each Claim Code entitles the Member to whom it was emailed to receive one (1) of the Reward selections included in the Program at the time of redemption. Each Claim Code may only be used once. Claim Codes are valid until the expiration date (if any) indicated herein and in the email you received with your Claim Code. Reward providers may have an additional expiry date for a Reward once claimed. Claim Codes have no monetary value, are non-transferable, cannot be redeemed in whole or part for cash, cannot be resold and cannot be used in conjunction with any other Program offer from a participating Reward provider. Neither the Sponsor nor its agents or distributors shall under any circumstances be responsible or liable and shall not compensate the Member or the Claim Code holder, for (a) lost or stolen Claim Codes, (b) the failure of a Reward provider to accept a Claim Code, (c) failure of the Claim Code holder to use a Claim Code properly or at all, or (d) the contents, accuracy or use of the Claim Code or the Reward details.
- The list of participating Rewards and Reward providers remains subject to change and availability. Individual Rewards may not be of equal value.
- The Sponsor reserves the right to offer a substitute reward of equal or greater value at any time for any reason. The particular terms and conditions for each specific Reward may be found on the designated web page for the respective Reward and are incorporated herein by reference. By participating, you agree that Sponsor, its agencies, agents and distributors do not guarantee the quality and/or availability of the services, products, or websites offered by the Reward providers and cannot be held liable for any resulting personal loss or damage.
- Return Policy: No cancellations of Rewards redeemed, nor any exchanges, refunds or returns on any item will be permitted. Rewards are not transferable for cash, credit, other items, under any circumstances. You are responsible for all federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs or expenses associated with acceptance and use of any Rewards.
- In the event of a dispute regarding the identity of a registered Member Account holder, the registration will be deemed to have been made by the authorized account holder of the email address at the time of registration and he/she must comply with these Official Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
- Conditions on Member Participation: By participating, all participants signify their agreement to be bound by these Official Terms and Conditions, and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Member Account registered by such person if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Website; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeatedly attempting to enter void UPC or Claim Codes in one or more Accounts, as determined by Sponsor; or (f) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Website. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
- Sponsor reserves the right to revise any of the these Official Terms and Conditions, to apply on a prospective basis, at any time by updating this posting; revisions may include, but are not limited to, the duration of the Program, the methods and number of methods through which you may earn Rewards, the type or number of promotional activities in which Members may participate, and any of the options made available to you with respect to your Member Account. These revisions may be made at any time, even though these changes may affect your ability to earn future Rewards. Sponsor will use commercially reasonable efforts, in its discretion, to give notice of any material change. By continuing to participate in any part of the Website following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with the Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your Member Account, as determined by Sponsor or its authorized agents, in their sole discretion.
- Release of Liability: BY PARTICIPATING, ALL PARTICIPANTS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, AGREE TO RELEASE SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ADVERTISING AND PROGRAM AGENCIES, SUPPLIERS AND REWARD PROVIDERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE WEBSITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, OR PARTICIPATING IN ANY PROGRAM RELATED ACTIVITY, OR THE RECEIPT, OWNERSHIP OR USE OF ANY REWARD (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE WEBSITE OR PROGRAM (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THE WEBSITE, ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF ANY COMPONENT OF THE WEBSITE OR PROGRAM, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE WEBSITE OR PROGRAM); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF THE WEBSITE OR PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR ANY OTHER USER AUTHORIZED TO USE YOUR MEMBER ACCOUNT, INCLUDING, BUT NOT LIMITED TO, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE OR THE PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
- Limitations Of Liability: No responsibility or liability is assumed by Releasees for: any technical problems or technical malfunction of any kind which may affect or interrupt the operation of the Program; inaccessibility of the Website or Reward providers' websites or phone systems in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines; unauthorized human or non-human intervention of the operation of the Program; human error; destruction of any aspect of the Program or data thereof; or, inaccessibility or unavailability of a Member Account used in connection with the Program. Releasees are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Program, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THE PROGRAM IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- In the event of any conflict between any details contained in these Official Terms and Conditions and details contained in any other materials, the details of the Program as set forth in these Official Terms and Conditions shall prevail.
- If any provision of these Official Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
- Arbitration and Governing Law: Binding Arbitration: Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Program, and/or for entering any judgment on an arbitration award, shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey without regard to New Jersey conflicts of laws principles. All participants consent to the jurisdiction and venue of the State of New Jersey.
- No Waiver: Sponsor's failure to exercise or enforce any right or provision of these Official Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
- Captions: The headings in these Official Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Official Terms and Conditions.
- Customer Care: Please review the Frequently Asked Questions on our Website. If your question has not been answered in the Frequently Asked Questions provided, please feel free to call us. For questions on the Prevacid®24HR Perks Program, please call 1-888-433-7707, Monday through Friday from 9AM - 5PM CT. If you believe you have experienced an adverse event when using our product, please contact us at 1-800-452-0051. If you have a medical emergency, contact your doctor immediately.
- Complete Agreement: These Official Terms and Conditions, together with those items made a part of these Official Terms and Conditions by reference, make up the entire agreement between Sponsor and the Website Members participating in the Program, and replaces any prior understandings or agreements (whether oral or written). If a court finds any of these terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms.
- Current Reward Providers:
||Redeem the gift certificate online at http://Dine.Restaurant.com before use. Valid for dine-in only unless otherwise stated. Unredeemed gift certificates not valid toward purchase at restaurants. Limit of one (1) gift certificate at given restaurant per party per month. Minimum spend requirements and other restrictions on the Restaurant-Specific Gift Certificates and online merchant websites vary and are subject to change. Other restrictions may apply. Visit http://Dine.Restaurant.com for complete terms and conditions and participating restaurants.
||Enter code at Prevacid24HRPerks.m2rewards.com to begin subscription. Receipt of first issue may take 8-12 weeks.
||Visit http://www.spaweek.com/terms/ for complete terms and conditions and participating spas. The eGift Card should be used as cash at the spa and must be given to the front desk for redemption. PLEASE TREAT THIS EGIFTCARD LIKE CASH AND SAFEGUARD IT ACCORDINGLY.
||Go to http://www.vudu.com/termsofservice.html for complete terms and conditions. Code expires December 31, 2014.
||Coupon for $5.00 off Prevacid®24HR expires 30 days after it is printed by the Member.