BURST’S PROMOTIONAL PROGRAM TERMS AND CONDITIONS
Effective Date: [January 11, 2019]
Subject to these Promotional Program Terms and Conditions (“Terms”), the BURST Promotional Program (the “Program”) offers registered BURST users (each, a “Program Member”), including dental professionals, the opportunity to refer its patients or friends (each, a “Referred Patient” or “Referred Friend”) and earn points for certain promotional activities that the Program Member can use to redeem BURST products and/or other rewards (“Crowns”). These Crowns may be earned by (i) successfully recommending BURST products (each, a “Qualifying Product”) to Referred Patients or Referred Friends through an active personalized code (“Personal Code”); (ii) inviting colleagues to register with BURST; (iii) engaging with BURST through certain activities on social media and/or the BURST application (“BURST App”); and (iv) ranking high on the BURST application for successful recommendations; (v) purchasing certain BURST products (each, a “Qualifying Purchase”); and (vi) participating in certain promotional activities, like posting about BURST or BURST products on social media and tagging and/or mentioning BURST.
By (i) sharing a Personal Code issued through the Program, clicking a button or taking another action to signify your acceptance of these Terms, (ii) participating in the Program, or (iii) claiming or accepting any benefits from the Program, including Crowns or any resulting redeemed products and/or rewards, you accept these Terms and all terms incorporated by reference as described below. If you do not agree to be bound by these Terms, you may not participate in the Program.
Participation in the Program, including opportunities to share a Personal Code, earn Crowns for promotional activities, and redeem Crowns for products and/or rewards, is made available by BURST at BURST’s sole discretion and is subject to your compliance with these Terms. BURST MAY LIMIT, SUSPEND, OR TERMINATE THE PROGRAM AND/OR YOUR ABILITY TO PARTICIPATE IN THE PROGRAM IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO YOU.
Eligibility to participate in the Program is open only to individuals, including dental professionals, who are legal residents of the United States, including the District of Columbia, and Canada who are at least 18 years of age at the time of participation. However, the Program is not open to dental professionals that practice in one of the following territories or provinces of Canada: British Columbia, Manitoba, Ontario, or Saskatchewan.
As a participating dental professional, you are solely responsible for making any disclosures you are required to make to those clients or patients that are Referred Patients pursuant to the laws applicable in the jurisdiction in which you practice. All Program Members, whether or not you are a dental professional, you agree that you will not make any false or misleading statements about the Products and that you will comply with all laws, rules, regulations, and industry best practices (including, as applicable, the Canadian Dental Hygienists Association Code of Ethics) applicable to your advertisement and promotion of BURST products, and participation in the Program. For example, your obligations may include, but not be limited to:
- United States Professionals: If you are a Program Member practicing in the United States, you agree that any and all digital and/or social media postings, communications or statements (each, a “Communication”) effected by or on behalf of you hereunder will be effected in a manner that complies with applicable laws, rules, regulations, and guidelines (including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising – https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), as well as the rules, regulations and policies of each applicable digital and/or social media platform, including with respect to disclosures necessary to clearly and conspicuously indicate to consumers that Influencer received consideration in exchange therefor. Without limiting the generality of the foregoing, each Communication shall be preceded with (i) a clear and conspicuous disclosure of the nature of your relationship with us and that you receive products and/or rewards in exchange for such Communication; or (ii) if the posting is a social media posting, either the disclosure in the foregoing clause (i) or “#ad,” #BURSTUSASponsored,” “BURSTambassador” or other such hashtags as may be required by BURST’s sponsorship or endorsement posting guidelines as may be provided by BURST from time to time. You agree to promptly edit any posts as may be requested by us.
- Alberta Professionals: If you are a Program Member practicing in Alberta, Canada, you must disclose to all Referred Friends and potential Referred Friends your relationship with us and the fact that you are receiving a reward in exchange for endorsement of certain BURST products.
- New Brunswick Professionals: If you are a Program Member practicing in New Brunswick, Canada, you have a fiduciary obligation to your clients and patients to place their interests above your personal interest.
- Nova Scotia Professionals: If you are a Program Member practicing in Nova Scotia, Canada, you may only provide services that you believe are necessary for a client’s oral health, and any advertising of the Products must be accurate, capable of being proven, directed to the general public and relevant to the public’s ability to make informed choices. Further, you have a fiduciary obligation to your clients and patients to place their interests above your personal interest.
- Prince Edward Island Professionals: If you are a Program Member practicing in Prince Edward Island, Canada, you may not announce or advertise the fact that you are a practicing dental hygienist in any marketing, promotion, or endorsement of certain BURST products, including via social media.
The following individuals are also excluded from eligibility to participate in the Program: the immediate family members of the officers, directors, employees, agents, and representatives (collectively, “Personnel”) of BURST and/or its corporate parents, subsidiaries, and affiliated companies (i.e., spouses, parents, children, siblings and the “steps” of each) and all other persons living in the same households as Personnel.
You may only participate in the Program through your use of a single BURST account. You are responsible for all uses of your BURST account and for maintaining the currency and accuracy of the e-mail address and any other contact information stored in your account. The creation or use of multiple accounts, e-mail addresses, online identities or aliases to circumvent the single-account restriction or any other requirement or limitation specified in these Terms is prohibited and may result in your exclusion from the Program and the cancellation of all related Personal Codes and Crowns. BURST may, in its sole discretion, suspend, cancel or combine any accounts that appear to be duplicative. BURST is not liable for Crowns sent to suspended or terminated or inaccurately entered e-mail addresses.
SHARING YOUR PERSONAL CODE
When sharing your Personal Code, you agree that you will always tell your Referred Patients or Referred Friends that you will receive a reward from BURST if they make a Qualifying Purchase or using your code.
Your Referred Patients or Referred Friends must enter your Personal Code while making a Qualifying Purchase or purchasing a Qualifying Product. If a Referred Patient or Referred Friend does not enter your Personal Code while making a Qualifying Purchase or purchasing a Qualifying Product, you will not receive any Crowns because BURST cannot reliably determine that the Referred Patient or Referred Friend’s purchase resulted from your referral.
You may not post or promote your Personal Code on BURST’s social media pages or on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons, as determined by BURST in its sole discretion. Any distribution of your Personal Code that could constitute "spam" under any applicable law or regulation is expressly prohibited. BURST reserves the right to deactivate any Personal Codes distributed through unauthorized channels and to revoke all related Crowns.
BURST reserves the right, in its sole discretion, to deactivate any Personal Code (and void all associated Crowns) which it deems, in its sole discretion, to be used in violation of these Terms or in association with content that BURST deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language and content that incites hate, is demeaning, disparages or damages the goodwill, reputation, or brand image of BURST, or incites or endorses discrimination in any form.
Every time a Program Member recommends a Qualifying Product to a Referred Patient or a Referred Friend, that recommendation will be “successful” when a Referred Patient or Referred Friend completes a purchase of that Qualifying Product using the Program Member’s Personal Code.
- When a Program Member successfully recommends toothpaste to a Referred Patient, the Program Member will earn one (1) Crowns.
- When a Program Member successfully recommends whitening strips, whether a one-time purchase or a subscription, to a Referred Patient or Referred Friend, the Program Member will earn three (3) Crowns.
- When a Program Member successfully recommends the travel case to a Referred Patient, the Program Member will earn one (1) Crowns.
- When a Program Member successfully recommends a toothbrush using his/her Personal Code to a Referred Patient or Referred Friend, the Program Member will earn ten (10) Crowns.
- When a Program Member successfully recommends the gift pack to a Referred Patient or Referred Friend, the Program Member will earn thirteen (13) Crowns.
- When a Program Member successfully recommends the Rose Gold toothbrush to a Referred Patient or Referred Friend, the Program Member will earn fourteen (14) Crowns.
Invites and Registrations
On certain occasions where a Program Member invites Referring Patients to register for BURST, and where Referring Patients may register for BURST as a result of such invites, a Program Member may be eligible for Crowns.
- When a Program Member invites a colleague to join BURST as an ambassador, the Program Member will earn one (1) Reward Point.
- When a Program Member invites a colleague to join BURST as an ambassador and that colleague signs up to be a BURST ambassador, the Program Member will earn five (5) Crowns. You are limited two crown awards for two (2) invitations per week to colleagues.
- When a dental practice lists a Program Member as the referring dental professional to the practice when it enrolls, the Program Member will earn ten (10) Crowns.
Engagement with BURST App
On certain occasions where a Program Member uses the BURST App, leaves a review, or attends live BURST events, a Program Member may be eligible for the following Crowns, subject to BURST’s right to request supporting documentation evidencing such engagement.
- When a Program Member uses the BURST App to send a Referred Patient a recommendation, the Program Member will earn one (1) Reward Point.
- When a Program Member posts a link from the BURST App onto its social media accounts, the Program Member will earn one (1) Reward Point. The maximum number of Crowns that can be earned for this activity per week is four (4) Crowns.
- When a Program Member leaves a review for the whitening strips on the BURST website, the Program Member will earn three (3) Crowns.
- When a Program Member comments in the BURST App’s activity monitor for the first time, the Program Member will earn five (5) bonus Crowns.
- When a Program Member connects its bank account via Stripe, the Program Member will earn five (5) Crowns.
Rankings on the BURST App
The BURST App shows what each Program Member’s rank is within the entire country based on the Program Member’s number of successful recommendations. When a Program Member is ranked at a certain level for a specific period of time, a Program Member may be eligible for Crowns.
- When a Program Member ranks in the Top 50 for a consecutive seven (7) day period, beginning on a Sunday, the Program Member will earn one (1) bonus Reward Point.
- When a Program Member ranks in the Top 25 for a consecutive seven (7) day period, beginning on a Sunday, the Program Member will earn two (2) bonus Crowns.
- When a Program Member ranks in the Top 10 for a consecutive seven (7) day period, beginning on a Sunday, the Program Member will earn three (3) bonus Crowns.
- When a Program Member ranks in the Top 10 for an entire calendar month, the Program Member will earn ten (10) bonus Crowns.
For certain Qualified Purchases by a Program Member or its Referred Patients or Referred Friends, a Program Member may be eligible for Crowns.
- When a Program Member receives a replacement toothbrush head as a result of its subscription, the Program Member will earn one (1) Reward Point.
- When a Program Member places a corporate order of toothbrushes, the Program Member will earn one (1) Reward Point per toothbrush, and ten (10) Crowns per order of fifty (50) toothbrushes.
- When a Referred Patient receives a replacement toothbrush head as a result of its subscription, the Program Member will earn one (1) Crowns.
- When a Program Member or a Referred Patient purchase a BURST T-shirt using a Program Member’s Personal Code, the Program Member will earn two (2) Crowns.
- When a Program Member uses the HYGN code to purchase a demo toothbrush for $20, the Program Member will earn five (5) Crowns.
However, any purchases by Referred Patients or Referred Friends who have previously made a purchase from BURST.com under any name, account, e-mail address, or alias do not count as Qualifying Purchases and will not help you earn Crowns. Any Crowns issued in circumstances in which they would be invalid pursuant to these Terms are void.
REDEEMING CROWNS FOR PRODUCTS AND/OR REWARDS
At the close of each calendar month, BURST will review the account of each Program Member to determine the number of Crowns earned during the eligible monthly period.
All products and/or rewards are provided “AS IS” and carry no warranty. BURST has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the products or rewards, including but not limited to their quality. BURST hereby disclaims all implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
Each Program Member is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a product or reward under the Program.
Any Qualifying Purchases or Crowns that cannot be verified to the satisfaction of BURST are subject to adjustment, cancellation, disqualification, or revocation at our sole discretion.
BURST will not be liable for the failure of any Crowns to be accurately issued or redeemed for any reason, including, but not limited to, any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software.
Without notice to you, BURST also reserves the right to “unregister" a Program account that is inactive and cause that Program account to be ineligible for the Program. An inactive Program account is defined as a BURST account that has not earned or redeemed Crowns for one year. In the event that your Program account is unregistered due to inactivity, then you will no longer be eligible for Program benefits, including earning Crowns or redeeming accumulated Crowns as products and/or rewards. You may reactivate your Program account by obtaining and using a new Personal Code, but any Crowns earned prior to your program account being deemed inactive will be forfeited and void.
Any disputes related to these Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of BURST’s Terms of Service. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign any rights or obligations under these Terms, in whole or in part, without the written consent of BURST. BURST may freely assign or transfer these Terms. Any assignment or transfer in violation of the foregoing is void. These Terms are the final, complete and exclusive Terms between you and BURST with respect to the subject matters hereof and supersedes and merges any discussions between you and BURST with respect to such subject matters. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program.
RIGHT TO CANCEL PROGRAM AND CHANGE TERMS
BURST RESERVES THE RIGHT TO MODIFY AND/OR TERMINATE THE PROGRAM AND/OR MODIFY ALL OR ANY PORTION OF THESE TERMS OR ANY POLICY PERTAINING TO THE PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO DISCONTINUE OR CHANGE ANY PROGRAM BENEFITS OR EXPIRATION DATES FOR CROWNS AND RELATED CODES RECEIVED THROUGH THE PROGRAM, MERGE THE PROGRAM WITH ANOTHER REWARDS PROGRAM, OR TO ADJUST HOW CROWNS ARE EARNED, CALCULATED OR REDEEMED. IT IS POSSIBLE THAT YOU MAY BE UNABLE TO REDEEM ACCUMULATED CROWNS AS A RESULT OF FUTURE PROGRAM CHANGES OR IF WE DISCONTINUE THE PROGRAM OR MERGE THE PROGRAM INTO ANOTHER REWARDS PROGRAM. IF WE MAKE CHANGES, WE WILL POST THE AMENDED TERMS TO OUR WEBSITE AT [HTTPS://WWW.BURSTORALCARE.COM/TERMS-OF-USE] 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.
If you have any questions about the Program or these Terms, please contact us at firstname.lastname@example.org.