Terms and Conditions
Biolage Refer A Friend Program
IMPORTANT: Please read these Biolage Refer-a-Friend Terms and Conditions (“Terms and Conditions”) before participating in the Biolage Refer-a-Friend Program, operated by L’Oréal USA, Inc. (“Program”). These Terms and Conditions are in addition to our website terms of use (“Website Terms”) and govern participation in the Program. To the extent that these Terms and Conditions are inconsistent with the Website Terms, these Terms and Conditions will control with respect to the Program only. These Terms and Conditions are between you and L’Oréal USA, Inc. (“Biolage”, “Company”, “we”, “our” or “us”). By participating in the Program, you agree to the following rules governing the Program including binding arbitration, except where prohibited by law, in the event of any disputes involving your participation. Void where prohibited by law.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA, INC. ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Program Overview. The Program is designed to reward Biolage customers for referring new customers to purchase qualifying Biolage products from the Biolage website https://www.biolage.com/ . Participation in the Program and the benefits that are offered to Program participants is at the sole discretion of Biolage, and Biolage has the right to change the Terms and Conditions, in whole or in part, at any time with or without notice to participants.
2. Eligibility. Participants must be (i) a legal resident of the fifty (50) United States and District of Columbia (excluding Puerto Rico), (ii) 18 years or older and (iii) a current user of one or more Biolage products and/or services. To be a referrer (“you”, “your” or “Referrer”) and to participate in the Program, you must also have a valid email address. All of Biolage’s decisions are final and binding with respect to the Program.
3. Duration of Program; Right to Cancel, Modify or Terminate. The Program will begin on [insert date] at 12:00:01 a.m. Eastern Time (“ET”) and will end at 11:59:59 p.m. ET on [insert date] (the “Program Period”). We reserve the right to shorten, extend, suspend, cancel or modify the Program at any time for any reason in our sole discretion. We reserve the right to disqualify you or any Referred Friend from participation in the Program if you or he/she does not comply with any of these Terms and Conditions.
4. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy at https://www.biolage.com/privacy-policy
5. Referral Process. During the Program Period, eligible Referrers must visit the Site and follow the on-screen instructions to refer friends, family members, or colleagues (each, a “Referred Friend” and collectively, the “Referred Friends”). The Site will allow you to send a referral message (“Referral Message”) to Referred Friends via the following two methods: (1) e-mail, (2) a post on your Facebook, Twitter, or Pinterest wall, or (3) a post on whatsapp or Messenger. The Referral Message will contain a unique referral link (“Personal Link”) or a coupon code. After you send a Referral Message, you will also be provided with a unique URL (also a “Personal Link”) or coupon code that you can share with Referred Friends.
6. Referred Friend Discount. Referred Friend Discount: During the Program Period, the Referee will send to their Referred Friend a Personal Link (URL) or a coupon code which must be used by the Referred Friend. Where applicable, upon using the Personal Link, the Referred Friend will be directed to the Biolage website where the Referred Friend shops. After the Referred Friend adds $[insert dollar amount] or more into their cart, a discount, the amount of which varies by Brand, (“Discount”) will be automatically applied to their order or, if the Referred Friend is using a coupon code, the coupon code can be used for a Discount towards their order. The Discount in not applied to shipping, taxes, future purchases or any other charges). If a Referred Friend attempts to purchase a Biolage product via any method other than the Personal Link, the Referred Friend will not receive the Discount. Only one Discount is permitted per person per e-mail address for the duration of the Program Period. Discounts may not be redeemed for cash, have no cash value and do not give rise to any property or other interest whatsoever. Discounts are not transferable and may not be auctioned, traded, bartered or sold.
7. Referrer Reward. When a Referred Friend receives the Discount (by purchasing a Biolage product utilizing the Personal Link or coupon code), Referrer will be sent an email notifying them of their reward eligibility and promotion code with an opportunity to receive ta discount, the amount of which varies by Brand, off their next order (the “Reward”). In order to redeem the Reward, during the Program Period, visit https://www.biolage.com/ and add the items you want to purchase to the cart., Then provide the Promotion Code to apply the Reward. Only one Reward may be used per shopping. Rewards may not be redeemed for cash, have no cash value and do not give rise to any property or other interest whatsoever. Rewards are unique to the Referrer and are not transferable and may not be auctioned, traded, bartered or sold, and do not give rise to any property or other interest whatsoever. Reward offer may be time-limited or available only in limited quantities. Rewards can be canceled and changed at any time in our sole discretion.
8. Program Guidelines on Endorsements and Testimonials. As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about Biolage’s products in connection with any Referral Messages. You must be honest and accurate. Please be aware that per the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about Biolage products or services. You must disclose your relationship with Biolage at the outset of any referral communication. This means you must disclose that you will receive a benefit for referring your Referred Friend at the beginning of the conversation with any potential Referred Friend. The disclosure can be as simple as, “I am a Biolage user and this is my personal opinion.” Be sure to clearly and conspicuously make this disclosure. Disclose the fact that you may receive a Reward for a successful purchase of a Product via your Referral ink. By agreeing to these Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (“Guidelines”). Failure to abide by these Guidelines can result in immediate termination of your Program participation and forfeiture of any and all Rewards.
9. Program Restrictions. Referrers cannot refer themselves for example, by using a different email address. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program or (iv) or participate in fraudulent or abusive activities in relation to the accrual of Discounts or Rewards. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit, Reward or Discount in the Program). To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS OF LIABILITY OR DAMAGES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
11. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW FOR DISCLAIMERS OF WARRANTIES IN WHICH CASE (OR IF YOU LIVE IN THOSE STATES), THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
12. Bulk Distribution (“Spam”). Each referrer is the actual sender of the emails or other messages, and each referred must comply with applicable law. Each referrer is responsible to ensure that Referrals are created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the referrer represents that he/she has the appropriate permission and consent. Each referrer shall not engage in any bulk email distribution or other bulk distribution of Referrals, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. This includes, without limitation, any distribution in a manner that would constitute or appear to constitute unsolicited commercial email, commercial electronic messages, or ‘spam’. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses it incurs as a result of such spam.
13. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. User is responsible for creating a complex password to protect your account information and to ensure that you do not share your password with others. Participants agree to notify the Company immediately if they suspect unauthorized access to their account. Participants agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
14. Communication. You and Referred Friends will periodically receive emails from Biolage. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you and Referred Friends as they relate to your participation in Program.
15. General Program Conditions and Exclusions:
A. By enrolling in Program, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Biolage in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Biolage Site Terms and Conditions or any Other Agreement.
B. Neither Biolage nor Administrator is responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
C. You will comply with the following in connection with a Referral Message: (a) comply with all applicable laws, regulations, guidelines, and codes, including, but not limited to, the CAN-SPAM Act; (b) comply with the terms and conditions of applicable websites, apps, search engines, and social platforms, as such are amended from time to time, used to send a Referral Message; and (c) not post a referral code on any website that offers the referral code to anyone other than Referred Friends.
16. Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. If any provision of these Terms and Conditions are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Biolage to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These Terms and Conditions constitutes the entire agreement between you and Biolage with respect to the Program.
17. Arbitration Agreement.
YOU AND L’ORÉAL USA, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and L’Oréal USA, Inc. agree that any controversy, claim, action, or dispute between you and L’Oréal USA, Inc., its affiliated companies and their respective officers, directors, employees, agents or contractors arising from or relating to the Biolage Refer-a-Friend Program (“Dispute”), will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any Dispute to L’Oréal USA, Inc. by contacting the Biolage Customer Support at our toll-free number [insert] to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your Dispute cannot be resolved within 60 days.
Both you and L’Oréal USA, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Right to Bring Small Claims in Court. Instead of arbitration, either you or L’Oréal USA, Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Oréal USA, Inc. will reimburse those fees in an amount up to $10,000. L’Oréal USA, Inc. also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Oréal USA, Inc. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Oréal USA, Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New York. The terms of the Arbitration Agreement provisions shall survive after your relationship with L’Oréal USA, Inc. and/or participation in the Biolage Refer-a-Friend Program ends. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
18. Notice of Financial Incentive
In connection with the Biolage Refer-a-Friend Program, we may offer financial incentives and/or price or service differences (“Incentives”) to participants as further described in these Terms and Conditions, in exchange for our use of your personal information.
To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities in connection with the Biolage Refer-a-Friend Program, such as your email address, referral activity, purchase history, and engagement with Biolage as described in these Terms and Conditions (“Biolage Refer-a-Friend Program Data”).
The value of Biolage Refer-a-Friend Program Data is calculated by determining the approximate additional spending per participant, per year compared to individuals who have not participated in Biolage Refer-a-Friend Program. The value of Biolage Refer-a-Friend Program Data is reasonably related to the costs associated with offering the Incentives. You can participate in Biolage Refer-a-Friend Program here, and you can unsubscribe from promotional emails you receive as a result of participating in the Program at any time by clicking the “Unsubscribe” link in the email. For more information, please review our Privacy Policy.