Allergan Consumer Loyalty Program Participation Agreement (effective May 5th, 2020)
The Consumer Loyalty Program (“Program”) entitled BRILLIANT DISTINCTIONS, owned and operated by Allergan Inc. (“Allergan,” “we,” “us,” or “our”) is provided to you (“you,” “your,” or “User”) under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules, or policies that may be applicable to particular offerings made in connection with the Program, and which may be amended or updated from time to time(collectively, the “Terms and Conditions”). Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access to and membership in the Program and all points you have accrued in the Program, without notice, in addition to Allergan’s other remedies. Your membership, access to, and use of the Program are subject to the terms and conditions of this agreement and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. The Terms and Conditions of this agreement shall supersede all previous loyalty program rules and/or terms and conditions. The following rules may be modified by Allergan from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
Description of the Program
The Program is an online, points-based program where registered users may accrue points by engaging in certain activities, and may, in turn, redeem points for certain benefits (“Benefits”) provided by Allergan. The current Benefits offered are described in the Program FAQs of the Program Information. Points accrued in the Program are non-transferrable to other users or accounts and have no cash or monetary value. The Program may be changed from time to time at Allergan’s sole discretion. Any change to the Program or these Terms and Conditions will be posted on this site so you are encouraged to visit the site often.
APPLICABLE TREATMENTS may be used throughout this document to describe eligible treatments that are a part of the Brilliant Distinctions Program. These include BOTOX COSMETIC® (onabotulinumtoxinA for injection), and/or JUVÉDERM® (JUVÉDERM ULTRA™ XC, JUVÉDERM ULTRA PLUS™ XC, JUVÉDERM® VOLUMA® with Lidocaine, JUVÉDERM® VOLBELLA® with Lidocaine, JUVÉDERM® VOLIFT® with Lidocaine), JUVÉDERM® VOLITE® , JUVÉDERM® VOLUX® and/or LATISSE® (Bimatoprost Topical Solution 0.03% w/v)), and/or BELKYRA® deoxycholic acid injection, and/or CoolSculpting®, and/or SkinMedica®* SkinMedica® trial format products are not eligible for points. Points earned for SkinMedica®* purchases are based on the manufacturer suggested retail price (MSRP) of the product. **
* Skinmedica is not applicable in the province of Quebec
Registered users of the Program must be legal residents of Canada and have attained the age of majority in the applicable Canadian jurisdiction at the time of registration to be eligible (the Program is void where prohibited by law). Employees and those covered under Allergan Canada employee treatment program are not eligible for the Program. Only one member account is allowed per person. All products purchased to qualify for this program must be purchased within Canada.
Application of the Program for Residents Living in Quebec
The Brilliant Distinctions program is unavailable in Quebec, although residents living in Quebec can earn and redeem points at clinics outside of Quebec.
Reservation of Rights
The Program and its Benefits are offered at Allergan’s discretion, and Allergan has the right to modify or discontinue, temporarily or permanently, the Program, including the point levels and Benefits offered, in whole or in part, for any reason, at our sole discretion. Allergan may, among other options, withdraw, limit, modify, or cancel any Benefit; increase the points required for any Benefit; or modify or condition the transferability of Benefits. You agree that Allergan will not be liable to you or any third party for any modification or discontinuance of the Program or Benefit offered, in whole or in part.
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by the online registration form, and to maintain and promptly update your personal data to keep it true, accurate, current, and complete. If you provide any information that’s not true, accurate, current, or complete, or if we have reasonable grounds to suspect that such information is not true, accurate, current, or complete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you. If you attempt to obtain more than one Program account, we may terminate your registration and all earned points may be forfeited.
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account; that you are fully responsible for all activities that occur under your password or account or any other breach of security; and to log out at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your points accrued will be forfeited.
Earning Program Points
To earn and accumulate points, you must undertake an activity outlined in the Program FAQs of the Program Information within this site. These activities may include: purchasing Applicable treatments from a provider who participates in this Program. Subject to applicable laws, we expressly reserve the right to establish additional means of accruing points; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of points; and to specify periods after which unused points shall be forfeited or reduced in percentage. Points can be accrued only for activity undertaken and completed by you and can be applied only to your account. We will use reasonable efforts to allocate earned points to your account; however, you are responsible for ensuring that your points are properly credited. If you believe that points have been earned, but not credited, we reserve the right to require proof of accrual, including, but not limited to, copies of receipts or similar documentation verifying any transactions claimed that have been performed. We must receive any claims of points by you and proof of accrual within sixty (60) days after the date such points are claimed to be earned. Subject to applicable laws, points will be maintained in your account until they are redeemed for benefits or are forfeited, whichever occurs first. All decisions regarding point balances, benefits, forfeitures, and the identity of any individual accessing an account are within Allergan’s sole discretion. **
BRILLIANT DISTINCTIONS® points are rewarded on purchases when they are in alignment with approved dosage and administration parameters of each qualifying product.
Points are only eligible for Applicable Treatments.
Points will only be issued if you have provided your participating provider with authorization to share information about your treatment with the Program. You may revoke this authorization at any time, but if you do so, you may no longer be eligible to participate in the Program. When you purchase in-office Applicable Treatments your provider will notify us of your purchase details and we will issue the applicable points. Points are automatically deposited to your account within 48 hours (if not cancelled). **
As a member of the Program, you may sign up to receive personalized emails, information, and offers from Allergan and/or its partners ("Partners") or as otherwise specified by Allergan via email. At any time after sign up, you may opt out of emails by clicking on the unsubscribe link at the bottom of each email or updating your profile in your BRILLIANT DISTINCTIONS® account. If you do not sign up to receive emails, no email communication will be sent to you regarding your account and any points accumulated or forfeited. You may view a summary of your Program points by logging onto www.BrilliantDistinctions.ca.
Redeeming Program Points
You may redeem points accrued in your account for available Benefits, provided that your account is in good standing at the time of the points redemption request. Points may be redeemed at any participating provider’s office and can be applied to in-office Applicable Treatment. Points can only be redeemed at participating clinics.
The amount of points available for each qualified Benefit and the types of Benefits available for redemption shall be determined at the sole discretion of Allergan, all of which is subject to change, modification, addition, or deletion from Allergan at any time and without prior notice.
Points that you redeem shall immediately be deducted from your account upon presenting a valid redemption coupon to any provider participating in this Program. Coupons that have expired or have been cancelled will not be honoured or accepted by either the participating provider or Allergan.
Points earned in two or more different accounts may not be combined to redeem any Benefit. Redeemed Benefits are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other benefits, or points under any circumstances. **
Expiration of Program Points and Treatment Coupons
Subject to applicable laws, any points in an account will expire due to inactivity if the Member has not earned or redeemed points for a period of 12 consecutive months. Points are automatically deposited 48 hours after we are notified by your provider of your purchase details (if not cancelled). If your account is closed due to inactivity, Allergan may deem, subject to applicable law, that all points associated with your account will be forfeited. In-office coupons are valid for sixty (60) days from the issue date of the coupon. If a coupon expires, points will be redeposited in the Members account if the account is active; if the account is not active, points will be forfeited. All points or coupons will expire at 11:59 p.m. Pacific Standard Time (PST) on the date of expiration specified. You acknowledge that any Program points or coupons that are not redeemed or entered during the redemption or entry periods described shall be forfeited at 11:59 p.m. PST at the end of that period.
Fraud or abuse relating to the accrual of points or redemption of points for Program Benefits 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 may occur due to the theft of or sharing of your password. The Program is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS POINTS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO REDEEM POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS.
Violation of the Terms
You understand and agree that in 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 membership account if we determine that you have violated our Terms and Conditions.
You should assume that all contents of this site are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Allergan copyright.
All product names, logos, and service marks displayed on this site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Allergan or our 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 Trademark of Allergan or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.
These Terms and Conditions shall be governed by and construed in accordance with the provincial laws of Ontario and the federal laws of Canada, subject to any applicable provincial, and local laws and regulations. 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 in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Allergan and their affiliates, representatives, agents, directors, officers, shareholders, 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 benefit or acceptance, delivery, or failure to timely delivery, possession, or use of the benefit, 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 site or any such dispute, regardless of whether Allergan 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, and you hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs, if any, associated with participating in the Program), and participant further waives 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 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.
No information contained on this site 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—visitors should always consult a healthcare professional for medical advice.
By participating in the Program, participants agree to release, discharge, and hold harmless Allergan and their affiliates, representatives, agents, directors, officers, shareholders, and employees from any and all liability from any injures, losses, or damages of any kind arising from or in connection with the Program.
™ and ® marks owned by Allergan Inc., JUVÉDERM® owned by Allergan Holdings France SAS. BELKYRA® and its design are trademarks of Kythera Biopharmaceuticals, Inc., an Allergan affiliate, used under license by Allergan Pharma. CoolSculpting® and its design are registered trademarks of Zeltiq Aesthetics, Inc an Allergan affiliate, used under license by Allergan Inc.