BAYER IBEROGAST™ MONEY BACK GUARANTEE
TERMS AND CONDITIONS
OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF QUALIFYING PURCHASE. VOID WHERE PROHIBITED.
The Bayer Iberogast Money Back Guarantee (“Offer”) is sponsored by Bayer HealthCare LLC 100 Bayer Boulevard, Whippany, NJ 07981, (“Sponsor”), and is administered by VCG PromoRisk Inc (“Administrator”).
- OFFER PERIOD The offer purchase period begins on June 1, 2024 and ends on August 30, 2024. The offer submission period begins on June 1, 2024 at 12:00:00 AM Eastern Time (“ET”) and ends at 11:59:59 PM ET on October 30, 2024 (Submisson Period) (collectively with the Purchase Period, the “Offer Period”). Participants will have 60 days from purchase date on their original register receipt to submit their refund request. The Administrator’s computer is the official clock for the Offer.
- ELIGIBILITY: The Offer is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of Qualifying Purchase (defined in Section 3 of these Terms and Conditions). Employees, directors, officers, and agents of Sponsor, Administrator, and each of their respective parent companies, divisions, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Offer (collectively, “Offer Entities”), as well as the members of each of their immediate families (i.e., spouse, parent, sibling, child, and their respective spouses and the “steps” of each, all lineal descendants, including those by adoption, regardless of where they reside) and persons residing in the same household as such individuals (whether related or not) are not eligible to participate. Void where prohibited by law. Participation in the Offer constitutes participant’s full and unconditional agreement to these “Terms and Conditions” and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Offer.
HOW TO PARTICIPATE IN THE OFFER: During the Purchase Period, an eligible participant (“Participant”) must purchase any one of: Iberogast 20ml drops (maximum refund $11.00), 50ml drops (maximum refund $22.00) or 30-count soft gel package (maximum refund $22.00) from any authorized retailer (“Qualifying Purchase”), and keep the original register receipt. Unless otherwise prohibited by law, the Money Back Guarantee is not available for products purchased from unauthorized sellers. The Guarantee is also limited to the original end-user purchaser. Moneyback guarantee is not valid for any Iberogast product reimbursed or paid under Medicaid, Medicare, or any other federal or state healthcare program, including state medical and pharmacy assistance programs, or where prohibited by law.During the Submission Period, a Participant may receive a full refund by visiting the promotional website: www.iberogast.com/money-back-guarantee and clicking on the claim link to view the refund form. Complete the form by entering the information requested which may include, without limitation: first and last name (initials are not permitted), street address (P.O. Boxes not accepted), city, state, ZIP Code, email address, date of birth, and affirmation that the participant has read and agrees to be bound by these Terms & Conditions. The Participant must also include a minimum 15-word statement saying why they are not completely satisfied with the product results, print out the form and mail, along with the original receipt dated within the promotional time period of June 1, 2024 through August 30, 2024 and the UPC code cut from the original box.
Envelope must be mailed with sufficient postage to:
Iberogast Money Back Guarantee
444 N. Michigan Avenue, Suite 1200
Chicago IL 60611
If UPC and valid original date receipt are not included with the refund form, a refund will not be issued. Reproduction, alteration, sale, trade, or purchase of the official form or proof of purchase is prohibited. Proof of purchase must be obtained from product purchased by you. No requests from groups, clubs, or organizations will be honored. We will not honor incomplete submissions. Not responsible for lost, late, or undelivered submissions. Please allow 6-8 weeks for delivery. Refund will be delivered via a pre-paid Mastercard Virtual Account, which can be redeemed at every Internet, mail order, and telephone merchant everywhere Mastercard debit cards are accepted in the United States. The card has a 6-month expiration.
Card is issued by Pathward, N.A., Member FDIC, pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. No cash access or recurring payments. Can be used everywhere Mastercard debit cards are accepted. Card valid for up to 6 months; unused funds will forfeit after the valid thru date. Card terms and conditions apply.
Refund is limited to the purchase price and excludes taxes and any incidental or consequential damages, negligence, strict liability or any other legal theory. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This guarantee gives you specific legal rights and you may also have other rights, which vary from state to state.
The Qualifying Purchase must have been made during the Purchase Period and no later than August 30, 2024. All Submission requests must be received by Sponsor or its authorized designee within 60 days from the purchase date on the original register receipt and no later than 11:59:59 PM ET on October 30, 2024. A Qualifying Purchase receipt may only be used once to receive a refund. Participants may only claim for one of the participating products in Clause 3 above. A Qualifying Purchase receipt may not be used by more than one (1) Participant once. Receipts must be readable. Mechanical reproductions, altered receipts or unreadable receipts will not be accepted. Receipts submitted in excess of the limits set forth herein will not be accepted. NOTE: Proof of submission does not constitute proof of delivery or receipt of the submission.
3) LIMITATIONS OF LIABILITY: Offer Entities are not responsible for: (i) interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations or orders, or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Offer; (ii) illegible, unintelligible, postage due, misdirected, delayed, undelivered, damaged, late, lost or stolen receipts, entries or incorrect or inaccurate registration or order information, whether caused by Internet users or programming associated with or utilized in the Offer or by any technical or human errors that may occur in the administration of the Offer; or (iii) for any typographical errors in any Offer-related materials. All registrations and all elements thereof will become the property of Sponsor and will not be acknowledged or returned. If in the judgment of Sponsor, the Offer is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Offer, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Offer. OFFER ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING THE OFFER.
If, for any reason, the Offer is not capable of running as planned, or the integrity and or feasibility of the Offer is severely undermined by any event beyond the control of Sponsor or force majeure event, including, but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each, a “Force Majeure Event”), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Offer and/or proceed with the Offer in a manner it deems fair and reasonable. If Sponsor, in its discretion, elects to alter this Offer for any reason, a notice will be posted at the Website.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS OFFER, INCLUDING OFFER ITEM COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
4) RELEASE: Offer Entities expressly disclaim any responsibility, and by participating in this Offer, each participant agrees: (i) to be bound by these Terms & Conditions; (ii) to waive any rights to claim ambiguity with respect to these Terms & Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any employees, directors, officers and agents of Offer Entities, any provider of an Offer Item, and each of their respective parent companies, divisions, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Offer and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (the “Released Parties”), in connection with the Offer; and (iv) to forever and irrevocably agree to indemnify, defend release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Offer, including, but not limited to, any Offer-related activity or element thereof, and a participant’s participation or inability to participate in the Offer; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) human error; (d) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; or (e) the negligence or willful misconduct by participant. Released Parties are not responsible for any loss (financial or otherwise), liability, injury (including death) or damage to persons or property, which may be caused directly or indirectly, in whole or in part, by the purchase of, use or misuse of any Offer related product or the Offer Item. Released Parties further assume no liability either for the cancellation, modification or premature conclusion of the Offer for any reason or through the acts or defaults of any company or person providing any Offer or due to a Force Majeure Event.
5) DISPUTES: THIS OFFER IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW JERSEY, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE MORRIS COUNTY, NEW JERSEY. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW JERSEY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MORRIS COUNTY, NEW JERSEY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR OFFER ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE OFFER PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
6) USE OF PERSONAL INFORMATION: Personal information collected in connection with the Offer will be handled in accordance to Sponsor’s Privacy Statement (as may be amended from time to time), which is available at https://www.livewell.bayer.com/privacy-statement
7) GENERAL CONDITIONS: Participants waive any right to claim ambiguity in these Terms and Conditions. Federal, state and local taxes, if any, are the sole responsibility of participant. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify the Offer and proceed in a manner it deems fair and reasonable. Duplicate or non-conforming requests will not be honored or returned. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Offer; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Offer. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Offer will void any attempted participation effected by such methods and the result in the individual utilizing the same to be ineligible to participate in the Offer. All registrations and/or materials submitted become the property of Sponsor and will not be returned. Offer Entities are not responsible for any lost, late, undeliverable/undelivered mail or e-mails. In the event of any conflict with any Offer details contained in these Terms and Conditions and Offer details contained in Offer materials (including, but not limited to, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Offer as set forth in these Terms and Conditions shall prevail. These Terms & Conditions may be modified by Sponsor and/or we may cease offering the Offer at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS & CONDITIONS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE OFFER AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS & CONDITIONS. This Offer is subject to all federal, state and local laws and regulations. Any attempted form of participation in this Offer other than as described herein is void. CAUTION AND WARNING: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms & Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms & Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Offer details contained in these Terms & Conditions and the Offer details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Offer as set forth in these Terms & Conditions shall prevail.
All trademarks used herein are the property of their respective owners.
Offer is in no way sponsored, endorsed, or administered by, or associated with Mastercard.
Sponsor: Bayer HealthCare LLC, 100 Bayer Boulevard, Whippany, NJ 07981