Terms and Conditions of Bariatric Choice® Rewards Program
THE BARIATRIC CHOICE REWARDS PROGRAM ("PROGRAM") IS OFFERED ONLY IN THE UNITED STATES AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, WHO ARE 18 YEARS OR OLDER AND HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO PURCHASE GOODS.
In addition to the terms and conditions set forth herein, the Program is also governed by the Company's “Bariatric Choice Rewards” FAQs and "Refer-A-Friend" FAQs and on the Website, all of which are incorporated herein by reference.
Bariatric Choice, Inc. and its affiliates (hereinafter the "Company") reserves the right in its sole discretion, for any reason, to terminate all or any portion of the Program by giving notice to this effect by means of a posting on the homepage of www.bariatricchoice.com (the "Website") and/or via another method of notice, as deemed appropriate by Company in its sole discretion. In such event, unless otherwise stated in the notice, the Program will terminate at 11:59 PM Eastern Time on the 15th calendar day following the day on which such notice of termination was given.
You understand that your continued registration at bariatricchoice.com and/or your participation in this Program constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Program Terms"). We may at any time revise these terms and conditions by updating the Program Terms. You agree to be bound by subsequent revisions and agree to review the Program Terms periodically for changes to the terms and conditions. The most up to date version of the Program Terms will always be available for your review on the Website.
HOW TO OBTAIN BARIATRIC CHOICE REWARDS CREDITS
To participate in the Program, you must first register and open an account at bariatricchoice.com through the bariatricchoice.com Website.
Earning Bariatric Choice Rewards Credits for Performance of Specific Activities:
Persons registered at the bariatricchoice.com website may obtain Credits by performing various activities. Whether or not certain activities result in the issuance of Credits, and the amount of Credits to be issued for an activity, will be posted on the Websites and is determined by the Company in its sole discretion. Such activities include the Bariatric Choice Rewards Program (as described below and in the FAQs), the "Refer-A-Friend" program (as described below and in the FAQs), purchasing products (as described below and in the FAQs), or possibly in the future, completing specified tasks, surveys or providing articles or testimonials. Within approximately 7 days after you have completed a specified activity (as determined by Company in its sole discretion; the appropriate amount of time depending on the specific activity), your account will be credited with the corresponding number of Credits (the appropriate number of Credits depending on the specific activity). In the event of a program termination, for all methods of obtaining Credits, the action to be taken by (or on behalf of) you must be completed no later than 5 calendar days after Company has given notice that the Program will be terminated; after such time, Company will not issue Credits to anyone, notwithstanding whether an action by (or on behalf of) you would otherwise result in the receipt of Credits under these Program Terms.
BARIATRIC CHOICE REWARDS PROGRAM
A. Loyalty Rewards Credits
BARIATRIC CHOICE REWARDS CREDITS WILL ONLY BE ISSUED TO CUSTOMERS FOR PROMOTIONAL PURPOSES, PURSUANT TO THE RULES BELOW. CREDITS THEMSELVES HAVE NO INSTRINSIC VALUE AND MAY NOT BE REDEEMED FOR CASH OR MERCHANDISE UNDER ANY CIRCUMSTANCE. POINTS MAY NOT BE PURCHASED FOR CASH.
A customer's entitlement to redeem Bariatric Choice Rewards Credits is strictly conditioned on the customer's satisfaction of the following two (2) requirements:
- Customer must redeem Credits prior to 60 days.
- The total purchase price on such order including tax and shipping charges equals or exceeds the value of the Credits.
- Maximum reward credits that can be used on any one order is $30.00 worth.
If an order exceeds the amount of the Credits used, the balance must be paid with a credit card or other available payment method. To view Credit balances, visit the "My Account" section on the bariatricchoice.com Website. Bariatric Choice Rewards Credits are issued by Diet Direct, Inc, a North Carolina Corporation.
The Bariatric Choice Rewards "Refer-a-Friend" Program ("Referral Program") is open to all registered bariatricchoice.com customers, unless prohibited by law. While not restricted to bariatricchoice.com customers in the United States of America, the Program is not available in all countries. There is no cost to become a Bariatric Choice Rewards “Refer-a-Friend” Program Member ("Member") or to maintain Membership. Membership begins when you register for an account at bariatricchoice.com.
bariatricchoice.com may terminate or modify the Referral Program at any time by posting the changes on Bariatric Choice Rewards "Terms" page, or by contacting registered account holders directly. bariatricchoice.com reserves the right to exclude individuals or restrict eligibility from the Referral Program in its sole discretion. Any abuse of the Referral Program, misrepresentation or any conduct detrimental to the interest of bariatricchoice.com may subject revocation of account and will affect eligibility for further participation in the Program.
As a Registered User on bariatricchoice.com, you may be eligible to receive referral reward(s) for introducing a friend or family member (from a different household) to bariatricchoice.com resulting in a first purchase. To be eligible for a referral reward:
- You must have a Registered Account at bariatricchoice.com
- You must refer a friend or family member from a household other than yours ("referee") who has never shopped at bariatricchoice.com, and
- The referee must sign up to become a Registered User AND make their first purchase of $75+ at bariatricchoice.com within 365 days of being referred.
As a registered user at bariatricchoice.com, you will be issued a unique “Referral Code” and “Referral Link” you may share with your friends and family members from other households who are not currently registered at bariatricchoice.com. A referee who registers at bariatricchoice.com for the first time either through your “Referral Link”, or by entering your “Referral Code” at the time she/he registers, will receive $10 Rewards Credits applied to her/his account to use on her/his first order of $75+ at BariatricChoice.com. You will receive $10 Rewards Credits applied to your account when the referee makes their first purchase of $75+ at bariatricchoice.com. The “referee” will not be considered valid, and we will not issue a $10 Rewards Credits, nor will you earn $10 credit upon their first purchase if (i) the household to which he/she belongs already has an account with bariatricchoice.com or (ii) the referee did not either follow your referral link or enter your Referral Code when registering or (iii) the referee did not complete their first purchase of of $75+ . You may provide us with email addresses of prospective New Members and the Company may send emails on your behalf to encourage them to open an account with the Company.
IMPORTANT: BE SURE TO OBTAIN THE CONSENT OF ANOTHER PERSON BEFORE PROVIDING HIS/HER E-MAIL ADDRESS OR OTHER CONTACT INFORMATION TO THE COMPANY.
After referral reward eligibility has been verified, you will receive an email notification with information about your reward and how to redeem it. Referral rewards may be applied to product value only; rewards cannot be applied to taxes or shipping. Referral rewards must be redeemed within 60 days of issuance.
Monetary referral rewards, including cash discounts/coupons, may be used for only one transaction. If the value of the reward exceeds the value of the product purchased in the transaction, the unused portion of the reward will be forfeited. There will be no refunds or balances maintained for partially used rewards.
bariatricchoice.com reserves the right to discontinue, modify, or suspend the Bariatric Choice Rewards Refer-a-Friend Program at any time and for any reason. bariatricchoice.com reserves the right to verify the identity and eligibility of any customer participating in the promotion and to disqualify anyone from receiving the reward if it is determined that the customer has not complied with the rules of the promotion, and/or has provided false or misleading information about his or her identity. bariatricchoice.com also reserves the right to refuse issuing any reward or coupon to anyone at anytime for reasons that bariatricchoice.com deems relevant.
In order to continue offering this Referral Program to its Members, bariatricchoice.com does not permit Members to:
- Purchase advertisements, such as Google Adwords, linking to bariatricchoice.com using a referral link; or
- In any way trick or deceive customers into clicking a referral link without their knowledge; or
- Sell referral codes or "how-to" guides; or
- Promote the program on coupon, deal or free product sites.
Members committing any of the above prohibited conduct may, at bariatricchoice.com's sole discretion, receive a courtesy notification that they are in violation of the Program's terms and conditions. Repeated or wanton abuse of the Program will result in a Member's disqualification from the program.
bariatricchoice.com values your privacy. Your membership information will not be sold or rented to any company outside of bariatricchoice.com. In order to maintain your account and improve customer satisfaction, bariatricchoice.com may share your membership information with trusted vendors, who have agreed to keep your information confidential. bariatricchoice.com may also use membership information to notify you of exclusive offers, promotions, and/or catalogs which may be of interest to you. bariatricchoice.com will comply with all federal and state laws regarding membership information. For more information, please review bariatricchoice.com's Privacy Statement.
By participating in the Program, you consent to these terms and conditions. bariatricchoice.com assumes no responsibility for errors caused by incorrect membership information. You are responsible for any taxes, charges and other liabilities relating to or resulting from your participation in the Program.
The Bariatric Choice Rewards Refer-a-Friend Program is void where prohibited by law. These terms and conditions, together with references, make up the entire agreement between you and bariatricchoice.com relating to the Bariatric Choice Rewards Refer-a-Friend Program. The interpretation and application of Bariatric Choice Rewards Refer-a-Friend Program terms and conditions are in the sole discretion and determination of bariatricchoice.com, and shall be final and conclusive.
The laws of the State of North Carolina will govern the Bariatric Choice Rewards Refer-a-Friend Program and its terms and conditions.
ORDERING MERCHANDISE USING REWARDS CREDITS
Be sure to visit the bariatricchoice.com Website periodically to review your account and check the Rewards Credits that have been issued to you.
EXPIRATION AND FORFEITURE
For the Bariatric Choice Rewards Program, Credits will expire in the event that the customer's account has been terminated, or 60 days after issuance. Upon expiration of Bariatric Choice Rewards Credits, Credits are forfeited and no compensation will be given. Credits obtained via the Refer-A-Friend Program will also expire 60 days after issuance. Expiration of such credits will result in their forfeiture, and no compensation will be given.
Credits cannot be sold, transferred for value, redeemed for cash, transferred to another member's account or pooled with Credits in another member's account. Credits may only be redeemed by or used for orders by the registrant for whom the account was created. Points have no cash value, and cannot be purchased or redeemed for cash. Credits likewise cannot be redeemed for cash, and have no cash value unless and until the Customer satisfied the conditions precedent outlined above. Credits can only be applied to purchases from bariatricchoice.com through otherwise valid and accepted orders.
The sale, trading, transfer, assignment, combining, or barter of Credits or use of Credits for any purpose other than as set forth in these Credits terms and conditions is prohibited. While every reasonable effort will be made to maintain and accurately reflect the transactions in your account (including but not limited to your balance of Credits), bariatricchoice.com is not responsible for technical errors which may cause incorrect information to be reflected. bariatricchoice.com reserves the right to reject any Credits redemption, which it determines in its sole discretion, violate these Program Terms, to investigate and verify the legitimacy of any use of Credits and to close customer accounts and bill alternative forms of payment if fraudulently obtained Credits are redeemed and/or used to make purchases on the bariatricchoice.com website. You are advised to print out a copy of your registration information, the order confirmation screens, the conversion request confirmation screens (if applicable), the order status screen and account information screens for your records. In all matters relating to the interpretation and application of these Program Terms, the decisions of Company shall be final and binding in all respects.
Credits are issued by Diet Direct, Inc., a North Carolina Corporation. When you redeem Credits, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Program Terms. Diet Direct, Inc. reserves the right to change these Program Terms from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
Should any participant be disqualified for any reason whatsoever that participant's Credits will also be forfeited. Any individual who attempts to defraud Company in any way will also be subject to prosecution to the fullest extent of the law.
LIMITATIONS OF LIABILITY
BARIATRIC CHOICE, INC. AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CREDITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT POINTS OR CREDITS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CREDITS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any attempted participation except as permitted by these Program Terms, is void. Company is not responsible for lost, late, incomplete, damaged, stolen, misdirected, illegible materials, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Credits, or the failure to capture any such information.
Company is not responsible for any incorrect or inaccurate information, whether caused by printing errors, Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program, and is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Website or any communications means. Company is 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.
Should there be any tax liability for the accumulation and/or use of Credits or the receipt of merchandise in the Program, or expenses for the use and enjoyment of any such merchandise, or for any other reason, such taxes and/or expenses are the sole responsibility of the participant. In the event that, during a given calendar year, a U.S. resident acquires or redeems Credits for a total value of $600 or greater, Company may be required by law to advise the Internal Revenue Service to this effect, in the form of a Form 1099; said Form 1099 indicating the total retail value of such award items and total value of Credits.