ZYRTEC® REWARDS Program
TERMS & CONDITIONS
Duration of Program
Enrolling in the Program
Redeeming NDC Codes
Modifications and Termination of the Program
General Terms and Conditions
Limitation of Liability
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ZYRTEC® Rewards Program
TERMS & CONDITIONS
1. The ZYRTEC® Rewards Program (the "Program") is a loyalty program sponsored by McNeil Consumer Healthcare Division of McNEIL–PPC, Inc. ("Sponsor") through which individuals can access "Rewards" at www.ZYRTEC.com/rewards (the "Website"). The Program has two levels of participation: (1) Rewards without purchase of ZYRTEC® and (2) Rewards with purchase of ZYRTEC®. For either level of participation, individuals can enter a unique, valid email address to either register for an Account (as defined below) or sign in to an existing Account. Rewards are made up of 3 elements, including a ZYRTEC® coupon, the dollar value of which is based on the level of participation, an offer from a partner of Sponsor ("Reward Partner") and allergy care-related content. The participating ZYRTEC® products and the Rewards for the Program may be updated, changed and/or modified at Sponsor's discretion, at any time. Additional methods of participation may be added over time.
2. For Rewards without purchase, register for an Account or sign into an existing Account and receive a $2.00 coupon, an offer from a Reward Partner and allergy care-related content. An Enrollee (as defined below) may receive one $2.00 coupon every thirty (30) days.
3. For Rewards with purchase, register for an Account or sign-in to an existing Account, enter the corresponding National Drug Code ("NDC code") from the package or bottle of any of the following ZYRTEC® products purchased: ZYRTEC® 10mg Tablets 3, 5, 14, 30, 45, 70, 75, or 100 count sizes; ZYRTEC® 10mg Tablets Bonus Pack 40, 60, 120 count sizes. ZYRTEC® 10mg Liquid Gels 12, 25, 40 or 65 count sizes; any ZYRTEC-D® 12 or 24 count sizes or Children's ZYRTEC® Chewable Tablets 10mg 12 or 24 count sizes, and receive a $3, $4.50 or $7 coupon (depending on the count size of the product purchased), an offer from a Reward Partner and allergy care-related content. ZYRTEC® coupon values vary based on count size purchased. The purchase and entering of a 3, 5, 12, or 14 count size qualifies for a $3 ZYRTEC® coupon; 24, 25, 30 count size qualifies for a $4.50 coupon; and 40 count size or higher qualifies for a $7 coupon. See Section E.1 below regarding how frequently an Enrollee may enter NDC codes.
Membership in the Program is open to legal residents of the 50 United States (or the District of Columbia) who are 18 years or older at the time of enrollment. The Program is not intended for business purposes. The Program is void where prohibited by law.
The current phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on April 22, 2011 and is scheduled to end at 11:59 p.m. ET on December 31, 2013 (the "Program Period"). Sponsor reserves the right to suspend, modify, or terminate the Program and/or modify any of the Terms and Conditions as set forth more fully in Section G below. Enrollees can redeem Rewards by the methods set forth in Section E below. As set forth in Section F.5 below, Rewards from previous phases of the Program shall expire ninety (90) days from the date of initial selection of those Rewards.
1. Individuals age 18 and older who meet the eligibility requirements may enroll in the Program at the Website. To enroll, click on "Rewards & Savings" on the left navigation bar and then click "Getting Started" in the drop down menu. As described in Section A above, there are two levels of registration: (1) Enter a unique, valid email address to either register for an Account or sign in to an existing Account and receive Rewards without purchase or (2) Enter a unique, valid email address to either register for an account or sign in to an existing account and enter an NDC code and receive Rewards with purchase (each, an “Account”). An individual must have a unique valid e-mail address to create an Account. Limit one (1) Account per person/email address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering must provide date of birth information when registering for an Account and will be deemed the Enrollee. Once an individual registers his/her existing email address in the promotional section of the Website or registers for a new Account, that individual will be enrolled in the Program (an "Enrollee"). After enrolling in the Program, the Enrollee should follow the onscreen instructions to select an area of interest and select one of four possible Rewards. The Rewards collected by an Enrollee will be recorded and tracked in the Enrollee's ZYRTEC® Rewards Dashboard, which an Enrollee can view at any time by logging into his or her Account.
2. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly. Each Enrollee is responsible for ensuring the mailing address associated with his/her Account is accurate and up to date. Changes to Accounts or Account information may only be made by the Enrollee to whom the Account belongs.
1. Each Enrollee may only enter one (1) NDC code every thirty (30) days during the Program. Limit: Each Enrollee will be limited to entering valid NDC codes from participating products not to exceed the equivalent of two hundred eighty (280) doses in one year.
2. Enrollees may not purchase or otherwise acquire NDC codes from third parties or unauthorized or illegitimate channels, such as auctions sites. Enrollees may not transfer or sell NDC codes under any circumstance or repost codes on third party websites. Any such behavior and/or any attempt to transfer Rewards will result in disqualification from the Program and all associated Rewards may be void. Sponsor reserves the right to take any lawful action it deems appropriate in its sole discretion in the event that Sponsor believes that an Enrollee has violated any of the Terms and Conditions of the Program.
3. Once an Enrollee inputs an NDC code, the validation of the NDC code and the potential Reward earned will be subject to verification. NDC codes shall be considered invalid if obtained through illegitimate means, unauthorized channels or otherwise not obtained in accordance with these Terms and Conditions.
4. If an Enrollee believes that Rewards were not properly accrued to his/her Account, the Enrollee must notify Sponsor by using the Customer Service Form, https://www.zyrtec.com/contactus located on the Website.
5. Enrollees must save the product packaging that contains the NDC code and the receipt for the purchase of the product for at least ninety (90) days from the date Enrollee enters the NDC code on the Website, as it may be necessary to submit it later for verification. Sponsor reserves the right to request proof including, but not limited to, product packaging, that the NDC code was obtained by Enrollee in compliance with these Terms and Conditions. In its sole discretion, Sponsor reserves the right to reverse Rewards previously credited to an Enrollee's Account if, upon Sponsor request, NDC codes cannot be properly verified. Sponsor's decisions regarding the awarding of Rewards are final and binding.
1. An Enrollee may select one Reward per NDC code entered. Enrollees must comply with individual Reward limitations where indicated on the Website (or Reward Partner's website). Sponsor will periodically modify the offers and other items available for redemption throughout the Program Period and reserves the right to modify the values of the Rewards, at any time for any reason. All redemptions are subject to these Terms and Conditions and all limitations or requirements stated on the Website.
3. All selections for Rewards are final. Issues regarding the redeemed Rewards are governed by the Terms and Conditions herein.
4. Rewards will be provided on a first-come, first-serve basis. Once a Reward has been depleted, no more of the item will be given. Additional terms and conditions may apply and will be set forth on the Website. Coupons are subject to terms and conditions specified thereon. Rewards will be provided "as is" with no warranty or guarantee, either express or implied by Sponsor. All Reward details are at Sponsor's sole discretion. Enrollee cannot transfer, substitute or redeem Rewards for cash. Sponsor reserves the right to substitute a Reward of comparable or greater value, at its sole discretion. Enrollees are responsible for all federal, state and local taxes as well as any other costs or expenses associated with acceptance or use of a Reward not specified herein or on the Website as being provided.
5. Any unredeemed Rewards in an Enrollee's Account shall expire ninety (90) days from the date of initial selection. Any unredeemed Rewards remaining in an Enrollee's Account at the end of the Program Period shall be forfeited (unless the Program is extended). The Rewards have no cash value and are only redeemable in connection with this Program.
1. Sponsor reserves the right to suspend, modify or terminate the Program and/or modify any of the Terms and Conditions set forth herein, including, but not limited to, the duration of the Program Period, the methods by which Enrollees can collect Rewards, and the Rewards offered, even though these changes may affect an Enrollee's ability to accrue or use his/her Rewards. Notice of any change to the Program, including, but not limited to, termination of the Program and changes to these Terms and Conditions, will be posted on the Website and emailed to all Enrollees.
2. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to the Program and/or any of these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.
2. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity, uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances, tampers with or abuses any aspect of this Program or otherwise is not in compliance with these Terms and Conditions, as it determines in its sole discretion. Discontinued participation privileges shall result in the loss of all Rewards. In addition to discontinuance of participation privileges, Sponsor, in its sole discretion, shall have the right to seek appropriate administrative and/or legal remedies, including but not limited to criminal prosecution.
3. Sponsor reserves the right to rescind Rewards credited to an Account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
4. Enrollees must be individuals. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Rewards for combined use.
5. Rewards do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein.
6. Releasees (as defined below) are not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
7. All questions or disputes regarding eligibility for the Program, collecting or redemption of Rewards, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
1. Releasees are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Rewards, Reward redemptions or NDC codes or for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone 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 or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network. human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of Rewards, the processing of NDC codes, the announcement of the Rewards or in any Program-related materials. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Website. In the event of a printing error or irregular packaging, neither Sponsor nor its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (collectively, "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 REWARDS OFFERED 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. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF REWARDS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers (collectively, "Sponsor Entities"), are not responsible for any products or services offered by the Rewards Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR ENTITIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS 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. Enrollees agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of participating in this Program, Enrollee agrees that (1) any controversy or claim arising out of or relating to this Agreement shall be resolved without resort to any form of class action and exclusively by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then pertaining (available at www.adr.org), except where those rules conflict with this provision, in which case this provision controls. Arbitration will take place in New Brunswick, New Jersey and the arbitrator shall apply the substantive law of New Jersey, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. Prior to appointment of the arbitrator or thereafter if the arbitrator is unavailable, emergency relief is available from any court to avoid irreparable harm; (2) any and all claims, judgments and Rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, and in no event will Enrollee be permitted to obtain attorneys' fees or other legal costs; and (3) under no circumstances will Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey.
4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these 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.