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Dr.Hauschka Loyalty Program Terms & Conditions

Effective October 1, 2018

Please read these terms and conditions carefully. By accessing or participating in the Dr. Hauschka Skin Care loyalty program (also referred to as The Giving Garden), you agree to be bound by these terms and conditions and all terms incorporated by reference as described below. If you do not agree to these terms and conditions, you may not access or participate in the Dr. Hauschka Skin Care loyalty program.

These Dr. Hauschka Skin Care Loyalty Program Terms and Conditions (“Program Terms”) apply to your access to and participation in the Dr. Hauschka Skin Care Loyalty Program (the “Program”), which is operated by Dr. Hauschka Skin Care, Inc. (hereinafter, “DHSC”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with DHSC for other products and services. Please note that your access to and participation in the Program is also governed by the terms, conditions, limitations and requirements linked in these Program Terms, all of which (as may be changed over time) are incorporated into these Program Terms. In addition, these Program Terms complement and incorporate by reference the drhauschka.com Privacy Policy. In the event of any conflict between the Privacy Policy and these Program Terms, the dr.hauschka.com Privacy Policy will control.

DHSC reserves the right to change, modify, and/or eliminate the Program and/or all or any portion of these Program Terms or any policy pertaining to the Program at any time and in our sole discretion, including our right to discontinue or change the benefits or change the expiration date of Loyalty Points (defined below) or Loyalty Rewards (defined below) received under the Program, merge the Program with another loyalty/rewards program, or adjust how Loyalty Points are earned, calculated or redeemed. If we make changes, we will post the amended Program Terms to https://www.dr.hauschka.com/loyalty-program and update the Effective Date above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Program Terms will be effective immediately and your continued participation in the Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Program Terms, you must stop participating in the Program.

1. Program Eligibility. You must be a United States resident (including residents of U.S. Territories) who is at least 18 years of age to participate in the Program. Current DHSC employees, sister companies, contractors, and their immediate family members living in the same household, are not eligible to participate. Each eligible user selects their user email address and password, to gain access to the Program web site. Communications about the Program, including changes, primarily will be by email.

2. Privacy. Please review our Privacy Policy, which also applies to your visit to the Dr. Hauschka Skin Care website https://www.dr.hauschka.com (the “Website”), to understand our practices. The Program website is hosted and operated by NextBee on behalf of DHSC. The information collected on this website will be used by DHSC in connection with the Program. Neither NextBee nor DHSC will provide your information to third-party partners without permission.

3. Program Description. The Program is a free customer-loyalty program that allows participants to earn Loyalty Points (“Points”) with qualifying purchases directly on the Dr. Hauschka Skin Care website. Participants may also earn Points by participating in Promotional Activities (defined in Section 5) which may be offered through the Program from time to time. Participants in the Program earn points to move from Tier to Tier where more rewards are offered. Points may be used for other purposes as provided by DHSC from time to time. For more information about earning and calculating Points, Promotional Activities and other details, visit URL TBD.

4. Joining the Program; Administrative Actions.

a. There are no membership fees associated with the Program. To enroll, visit www.dr.hauschka.com/loyalty-program. Once you are enrolled in the Program and have accepted the Terms, you can view and manage your Dr. Hauschka Skin Care Loyalty Account (“Program Account”) by logging into https://www.dr.hauschka.com/en_US/account/?login_type=normal-login. You may only have one Program Account per person, and it is non-transferable. You are responsible for anyone else who uses your Program Account.

b. You agree: (i) to provide true, accurate, current and complete information (“User Information”) about yourself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If DHSC has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, DHSC may suspend or terminate your access to and use of the Program (or any portion thereof). You are solely and fully responsible for maintaining the confidentiality of your username and password (“Credentials”) and are solely and fully responsible for all activities that occur under your Credentials. You agree to: (i) immediately notify DHSC of any unauthorized use of your Credentials or any other breach of security; and (ii) ensure that you log off from your Program Account at the end of each Website session. DHSC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

c. The Program Terms remains effective from the moment you sign up for the Program until terminated, which will occur automatically without notice from the DHSC if you fail to comply with any provision of the Program Terms, you have more than one Program Account, or that the use of your Program Account or your participation in the Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. DHSC reserves the right, in its sole discretion and without prior notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Program; (ii) suspend your access to or use of all or any portion of the Program; and (iii) terminate these Terms. DHSC may, in its sole discretion, suspend, cancel or combine Program Accounts which appear to be duplicative. In the event that your participation in the Program is terminated, you will forfeit any promotional rewards attached to your account and your Program Tier.

d. DHSC also reserves the right to “unregister” a Program Account, without notice, that is inactive and cause that Program Account to be ineligible for the Program. An inactive Program Account is defined as a Program Account that has not earned Loyalty Points for one (1) year. In the event that your Program Account is unregistered due to inactivity, you will no longer be eligible for Loyalty Program benefits, including accumulating Loyalty Points or tiered rewards. You may reactivate your Program Account by logging into https://www.dr.hauschka.com making a purchase using the Dr. Hauschka Skin Care account associated with your Program Account. However, any Loyalty Points earned prior to the Program Account being deemed inactive will be voided.

e. You may cancel your membership at any time by notifying Member Services by e-mail at support@nextbee.com. Cancellation may take from three to five business days to finalize. Upon cancellation, your Program Account will be deactivated. If your Program Account is canceled or deactivated, you will not receive outstanding rewards related to your Account.

5. Earning Loyalty Points.

a. The benefits that are available to you through the Program are based on the number of Loyalty Points which you earn by making qualifying DHSC product purchases or otherwise participating in DHSC Promotional Activities. If you void a purchase or return your purchase, DHSC will not deduct the Loyalty Points that you were awarded for that purchase from your Program Account.

b. In order to receive Loyalty Points for a purchase, your order must be placed on www.dr.hauschka.com/en_US. You will earn Loyalty Points based on the total amount paid for your purchase, excluding any tax and shipping. Phone orders and guest checkouts do not qualify. Loyalty Points are given to members in good standing with DHSC. For more details about how to earn Loyalty Points by making qualifying purchases, please visit https://www.dr.hauschka.com/loyalty-program.

c. From time to time, we may offer you opportunities to earn Bonus Points (“Bonus Points”), such as taking advantage of a specific product offer or activity or engaging with DHSC in special promotional events (“Promotional Activities).

d. The number of Loyalty Points that you can earn each calendar year by participating in Promotional Activities may be capped. Loyalty Points for participation in Promotional Activities will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer. Some Promotional Activities may limit the amount of Loyalty Points earned per Promotional Activity. Loyalty Points for eligible participation in Promotional Activities may take seven or more days to be added to your Program Account.

6. Using Loyalty Points. Loyalty points earned through the Program are used solely for the purpose of reaching the next Loyalty Program tier which offers better Loyalty Program rewards. LOYALTY Points are not redeemable for cash or discounts. Loyalty Points accumulated under the Program are promotional in nature and have no cash value. Your Loyalty Points and Program Account are personal to your dr.hauschka.com account and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with, family, friends or others. You are responsible for any federal, state or local taxes applicable to your participation in the Program.

7. Rewards and Tiers. The Program has three tiers based upon the number of points a Program participant has accrued through qualified purchases and activities. Each Tier has specific Rewards associated with it. Upon earning enough Loyalty Points to reach the next Tier, the Account owner will begin to receive the new Rewards associated with that Tier. For a complete list of current Tiers and Rewards, visit https://www.dr.hauschka.com/loyalty-program DHSC retains the right to alter or remove any of these Rewards over the lifetime of the Program.

8. Expiration of Loyalty Points and Rewards. Loyalty Points only expire if your account has been inactive for one year. Prior to Loyalty Points expiring, you will be notified to make a purchase in order to avoid Point expiration.

9. Intellectual Property. The Program is brought to you by DHSC. DR. HAUSCHKA, the Dr. Hauschka Skin Care logo, and other logos and tag-lines are the intellectual property of DHSC and others and used under controlled conditions. All textual, graphical and other content appearing on the Website, unless otherwise noted, is the property of DHSC. All rights reserved.

10. Disclaimer. THE PROGRAM AND THE ENTIRETY OF ITS CONTENT AND INFORMATION AND MATERIALS PROVIDED THEREWITH ARE PROVIDED “AS IS,” AND DHSC HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, DHSC EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (I) THE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE PROGRAM WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET EXPECTATIONS; (V) ANY INFORMATION YOU PROVIDE WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.

11. Limited Liability.

a. DHSC, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“DHSC PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE PROGAM’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY PROGRAM PARTICIPANT OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY PROGRAM CONTENT; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM; OR (V) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE ASSOCIATED WITH THE PROGAM. THE DHSC PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CELLULAR NETWORK, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE DHSC PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING WEBSITE LINKS. YOU ACCESS AND UTILIZE THE PROGRAM AT YOUR OWN RISK AND YOU ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE DHSC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE PROGRAM, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE DHSC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE PROGRAM. THE DHSC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM THE DHSC PARTIES SHALL CREATE ANY WARRANTY. THE DHSC PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE PLATFORM OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF TEN DOLLARS ($10.00).

11. Birthday Coupon Redemption. Birthday discount codes are one-time use and good until the date noted within the email communication. Excludes Make-Up Palette, Create a Ritual, Holiday Sets, e-gift cards or any items priced below the stated value. They cannot be combined with any other discount codes.

If you have any questions, or if you are dissatisfied with the Dr. Hauschka Skin Care Loyalty Program in any way, please contact our Customer Service Team via email at info@drhauschka.com