MySimilac Rewards Program (“Program”) Terms of Membership
You have been enrolled in the Program because of your membership in the MySimilac Rewards program. There is no fee for membership in the Program and your membership may not be sold or transferred. The Program may be modified, limited or terminated at any time without prior written notice even though such changes may adversely affect your ability to receive and/or use Program benefits. Offers and values may vary. Additional terms of the Program follow.
Please read the section below titled “Alternative Dispute Resolution”, which affects how disputes related to these Terms and Conditions and the Program are resolved.
- By participating in the Program, you consent to these terms of the Program. Any changes to these terms will be effective immediately and will be posted at similac.com/rewards as soon as possible, and you are responsible for remaining knowledgeable as to any changes we may make to these terms.
- As a result of your membership in the Program, you will be eligible to receive coupons, promotions, offers and/or other benefits (including, but not limited to, benefits associated with the accumulation of points for engagement activities identified by us) that we extend to Program customers (collectively, the "Program benefits"). We reserve the right to offer non-transferable, targeted Program benefits and engagement activities to select Program members based upon, or to encourage, Program participation. Your use of Program benefits may be subject to additional terms and conditions and limitations, and exclusions may apply.
- Program benefits have no cash value and are non-transferrable.
- Limit one Program account per household. In the event a new Program account is established for a household, Program benefits will not transfer across accounts.
- Lost or stolen Program benefits will not be reissued.
- We assume no responsibility for errors caused by incorrect member information.
- Members are responsible for taxes, charges, or other liabilities related to or resulting from their participation in the Program.
- Membership is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older.
- You may ask questions or cancel your membership in the Program at any time by calling 800-232-7677.
- You may optionally elect to receive SMS text messages and offers from the Program. Message frequency varies. Message and data rates may apply from your mobile carrier. Should you require help, reply via text HELP for help. Should you wish to stop receiving text messages from the Program, reply via text STOP to no longer receive text messages from Similac. Note that cancelling the SMS text messages will not cancel your membership in the Program and you may still receive email and postal mail from the Program. Participating carriers may include, but not be limited to: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, and usage is subject to their respective terms of service. You can contact your wireless provider with any questions about your text or data plan. Abbott and carriers are not liable for delayed or undelivered messages.
- Your membership may be terminated if you violate these terms or any applicable law, regulation, or ordinance and, in addition to termination of your membership, we shall have the right to take appropriate administrative or legal action as we deem necessary in our sole discretion.
- These terms, together with the terms and conditions found on Similac.com, make up the entire agreement between us relating to the Program.
- The interpretation and application of these terms are in our sole and final discretion.
- The Program is void where prohibited by law.
NOTICE OF FINANCIAL INCENTIVES
Abbott Nutrition offers the Program. Generally speaking, Program participants will be eligible to receive coupons, promotions, offers and/or other benefits (including, but not limited to, benefits associated with the accumulation of points for engagement activities identified by us) that we extend to Program customers (collectively, the "Program Benefits"). In exchange for receiving Program Benefits, Abbott Nutrition uses the following types of personal information for eligible coupons, promotions, offers, and communications:
- Email Address
- Mailing Address
- Baby’s Birthday/Due Date
- Phone Number
Abbott Nutrition benefits financially from the Program through increased customer loyalty and sales, but we do not assign an independent monetary value to the Personal Information we collect in connection with the Program. Further, the precise value of your membership in the Program can vary greatly by individual and depends on (without limitation): (a) the number of dollars spent, and points accumulated, (b) the rewards redeemed, (c) whether someone is a regular or occasional customer of Abbott Nutrition, and (d) whether participants elect to collect points for product purchases. Some benefits to participants may also be intangible, such as the ability to streamline the ordering and/or payment process.
In general, however, Abbott Nutrition estimates in good faith that the value of the personal information that Abbott Nutrition collects through the Program would be less than the value that the Program provides to consumers. To the extent Abbott Nutrition calculates the value of the personal information it collects through the Program, it does so in good faith based on the expenses related to the collection and retention of personal information in connection with the Program.
By providing your personal information when signing-up for the Program, you are affirmatively opting-in to our financial incentive program.
If you wish to withdraw from receiving mailings or other communications through the Program, you may submit such a request by going to similac.com/contact. or by calling 800-232-7677. Please mention the name of the Program.
ALTERNATIVE DISPUTE RESOLUTION (ADR). To begin the ADR process, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations within twenty-eight (28) days after such notice is received (all references to "days" in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days after the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
- To begin an ADR proceeding, a party shall provide written notice to the other party of the issues to be resolved by ADR. Within fourteen (14) days after its receipt of such notice, the other party may, by written notice to the party initiating the ADR, add additional issues to be resolved within the same ADR.
- Within twenty-one (21) days following the initiation of the ADR proceeding, the Parties shall select a mutually acceptable independent, impartial and conflicts-free neutral to preside in the resolution of any disputes in this ADR proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each Party will select one independent, impartial, and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within ten (10) days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its affiliates.
- No earlier than twenty-eight (28) days or later than fifty-six (56) days after selection, the neutral(s) shall hold a hearing to resolve each of the issues identified by the parties. The ADR proceeding shall take place at a location agreed upon by the parties. If the parties cannot agree on a location, the location shall be in Cook County, Illinois, U.S.A.
- At least seven (7) days prior to the hearing, each party shall submit the following to the other party and the neutral(s):
- a copy of all exhibits on which such party intends to rely in any oral or written presentation to the neutral;
- a list of any witnesses such party intends to call at the hearing, and a short summary of the anticipated testimony of each witness;
- a proposed ruling on each issue to be resolved, together with a request for a specific damage award or other remedy for each issue. The proposed rulings and remedies shall not contain any recitation of the facts or any legal arguments and shall not exceed one (1) page per issue. The parties agree that neither side shall seek as part of its remedy any punitive damages.
- a brief in support of such party's proposed rulings and remedies, provided that the brief shall not exceed twenty (20) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding.
Except as expressly set forth in subparagraphs (d)(i) - (d)(iv) above, no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.
- The hearing shall be conducted on two (2) consecutive days and shall be governed by the following rules:
- Each party shall be entitled to five (5) hours of hearing time to present its case. The neutral shall determine whether each Party has had the five (5) hours to which it is entitled.
- Each party shall be entitled, but not required, to make an opening statement, to present regular and rebuttal testimony, documents or other evidence, to cross-examine witnesses, and to make a closing argument. Cross-examination of witnesses shall occur immediately after their direct testimony, and cross-examination time shall be charged against the Party conducting the cross-examination.
- The party initiating the ADR shall begin the hearing and, if it chooses to make an opening statement, shall address not only issues it raised but also any issues raised by the responding party. The responding party, if it chooses to make an opening statement, also shall address all issues raised in the ADR. Thereafter, the presentation of regular and rebuttal testimony and documents, other evidence, and closing arguments shall proceed in the same sequence.
- Except when testifying, witnesses shall be excluded from the hearing until closing arguments.
- Settlement negotiations, including any statements made therein, shall not be admissible under any circumstances. Affidavits prepared for purposes of the ADR hearing also shall not be admissible. As to all other matters, the neutral(s) shall have sole discretion regarding the admissibility of any evidence.
- Within seven (7) days following completion of the hearing, each party may submit to the other party and the neutral(s) a post-hearing brief in support of its proposed rulings and remedies, provided that such brief shall not contain or discuss any new evidence and shall not exceed ten (10) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding.
- The neutral(s) shall rule on each disputed issue within fourteen (14) days following completion of the hearing. Such ruling shall adopt in its entirety the proposed ruling and remedy of one of the parties on each disputed issue but may adopt one party's proposed rulings and remedies on some issues and the other party's proposed rulings and remedies on other issues. The neutral(s) shall not issue any written opinion or otherwise explain the basis of the ruling.
- The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows:
- If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.
- If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.
- The rulings of the neutral(s) and the allocation of fees and expenses shall be binding, non-reviewable, and non-appealable, and may be entered as a final judgment in any court having jurisdiction.
- Except as provided in Section(i) or as required by law, the existence of the dispute, any settlement negotiations, the ADR hearing, any submissions (including exhibits, testimony, proposed rulings, and briefs), and the rulings shall be deemed confidential information. The neutral(s) shall have the authority to impose sanctions for unauthorized disclosure of confidential information.
- All ADR hearings shall be conducted in the English language.