Terms and Conditions

Obagi Pro Rewards Program Overview

The Obagi Pro Rewards Program (the "Program") is a loyalty program through which eligible participants ("Participants") must register on the Program website available at www.obagiprorewards.com ("Website") by creating a program account ("Account"). Once an Account is created, Participants (defined below) earn points by purchasing qualifying Obagi products or performing certain tasks during the Program Period (defined below) ("Points"). Participants can then redeem their Points for Rewards (defined below) available on the Website and subject to these binding Program Terms and Conditions ("Terms"). By participating, each time a Participant accesses and uses the Program, the Participant agrees to be bound by and comply with these Terms. If Participant does not agree to these Terms, the Participant is not eligible to participate in the Program. Void where prohibited.

Program Sponsor

Obagi Cosmeceuticals LLC, 3760 Kilroy Airport Way, Ste. 500, Long Beach, CA 90806 ("Sponsor").

Program Eligibility Requirements

The Program is open and offered to legal residents of the 50 United States and District of Columbia (the "Territory") who are 18 years of age or older (or 19 for residents of AL and NE), who is a current employee, owner, director or partner of a clinic, med spa or other business located in the Territory that sells Obagi products to its patients and clients. The business must have a minimum of four (4) invoices with Obagi in a calendar year (i.e., January – December) during the Program Period and its Obagi account must be current with all payments made in full and on time. This Program is not open to the general public and is void outside of the Territory and where prohibited. Employees, officers, directors of Sponsor, Brandmovers, Inc. 1519 Carroll Drive NW Atlanta, GA 30318 ("Administrator"), their parent companies, and each of their respective subsidiaries and affiliated companies, advertising and promotion agencies, entities or individuals engaged in the development, administration, production, or distribution of materials for, or implementation of the Program (collectively referred to herein as the "Program Entities"), and the immediate family members (i.e., spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) of such individuals are not eligible to participate in the Program.

Program Period

The Program begins at or about 12:00 A.M. Eastern Time ("ET") on November 4, 2025, and will run until Sponsor ends the Program by posting at least 30 days' notice of the Program end date on the Website (the "Program Period" or "Term"). Sponsor reserves the right to shorten, extend, suspend, modify, terminate or cancel the Program or any element thereof, at its discretion, at any time for any reason in its sole discretion. Sponsor will make reasonable efforts, where practicable, to post any change to, including the termination of, the Program Period on the Website prior to any such change. The clock on the Administrator's server shall be the official time keeping device for this Program. All times referenced in connection with the Program will be Eastern Time. Any unused Points will expire at 11:59 P.M. ET on the last day of the Program Period unless otherwise explained in these Terms. After the conclusion of the Program Period, any and all remaining Points in an Account will be forfeited, no longer available for redemption, and will be void without any additional compensation to the Participant. The Program Entities shall have no liability or responsibility to any Participant for any unused Points after the Program Period has ended for any reason.

Program Tiers, Benefits and Earning Points

There are six (6) tiers ("Tiers") in this Program: Member, Silver, Gold, Platinum, Diamond, and Elite, as set forth in the Tier Chart below. The Tier a Participant falls under (their "Tier Status") depends on that Participants' sales of qualifying Obagi products ("Product Sales") as set forth in the Tier Chart below (i.e., the Participant must reach the minimum amount of Product Sales to be eligible for that Tier's Status). Each Tier has its own benefits, which are defined as the amount of Points awarded to the Participant in that Tier per dollar in Product Sales sold by that Participant ("Benefits"). Participants must have at least four (4) invoices in a calendar year to qualify for any Tier (each, an "Order") and to keep their Account and maintain eligibility for the Program. For Member, Silver and Gold Tiers, Participants must have a minimum of four (4) Orders in a calendar year. For Platinum, Diamond and Elite Tiers, Participants must have a minimum of five (5) Orders in a calendar year. In the event a Participant has fewer than four (4) Orders within a calendar year, that Participant will forfeit their right to be a Participant, and their Account will be terminated and all unused Points in their Account will be forfeited. See the Account Inactivity section below for more information.

All new Participants in the Program will start at zero dollars in their Account for Product Sales. However, any Participant that has an existing Obagi account with Sponsor as of the start date of the Program Period will have their then-current Product Sales automatically credited to their Account. Participants must earn a minimum of 2,500 Points in their Account to be eligible to begin to redeem any Points. Thereafter, once earned, Participants can then redeem their Points for certain Rewards as described in the How to Redeem Points section below.

Participant can move up a Tier Status any time during the Program Period by reaching the minimum Product Sales and Orders required for the higher Tier. When a new Tier Status is attained, the Participant is immediately given access to the Benefits available for that Tier. On January 1st of each calendar year during the Program Period, each Participant's Product Sales number will reset to zero; however, the Participant's Tier Status will remain the same as it was at the end of the previous year. For any subsequent years, at the end of each calendar year, if a Participant earned less than the required Product Sales and Order minimums required to remain at their Tier Status, that Participant will move down to the Tier that matches their actual Product Sales and Orders in that prior calendar year.

The Benefits, Points and Product Sales are all subject to change at Sponsor's sole discretion at any time by Sponsor updating the Tier Chart and posting the updates to the Website.

Tier Chart

Earning Additional Points

To earn Points other than through Product Sales, Participants can earn additional points by completing certain tasks such as creating an Account, taking surveys on the Website, engaging in Website content, and participating in sales promotion opportunities as more fully described on the Website. The number of Points available for successful completion of each available task varies and will be posted on the Website. The number of Points for each task may change at any time at Sponsor's sole discretion.

Points are non-transferrable and not redeemable for cash. There is no cash value associated with any Points.

Point Expiration

For Participants who belong to the Member, Silver and Gold Tiers, Points expire one year after any Points are earned at the end of the month in which they were earned. By way of example, if a Participants earns 3,000 Points in September 2025 and fails to use some or all of those September 2025 Points, those Points will expire on September 30, 2026. Any expired Points will be automatically removed from a Participant's Account. For Participants who belong to the Platinum, Diamond or Elite Tiers, Points do not expire so long as the Participant maintains that Program tier status. Any time a Participant becomes ineligible during the Program Period for any reason, including but not limited to a Participant's failure to maintain the minimum required Orders, or for any other reason as determined by Sponsor in its sole discretion, that Participant's Points will immediately expire, they will forfeit their rights to any unused Points and their Account will terminate.

Point Discrepancies

It is the Participant's sole responsibility to review their Account regularly and report any potential discrepancies found. Should any potential discrepancies be found, Participants must immediately report the potential error to customersupport@obagi.com for Sponsor review. If a discrepancy is confirmed by Sponsor, at its sole discretion, Sponsor will correct the discrepancy in the Account.

How to Redeem Points/Rewards

Participants can redeem their Points for items available on the Obagi Pro Rewards Catalog, and other Obagi Swag offered for redemption through the Website. All redemption items ("Rewards") available will show the amount of Points required to be used to redeem each Reward. Participants may view their Points balances and track redemption history through the Website. All available Rewards are subject to the terms, conditions and restrictions accompanying or disclosed at the time of redemption. As part of the redemption process, Participants will receive a confirmation email and when applicable, an email confirming that the request for the item has been processed. Emails will be sent to the email address associated with the Participant's Account. The total number of Points a Participant can use to redeem an item at any given time is the total number of Points available in their Participant Account at the time of redemption. Once a Participant has ordered an item from the Website, and the order is final, then the appropriate number of Points will be deducted from the Participant's Account. The Participant will receive the Reward as described in the email or item description on the Website.

All Rewards redemptions are final sale and cannot be returned for any reason. Any Rewards redemptions that are damaged or defective must be reported within 14 days of receipt. Should any Reward be damaged or defective, please contact the Obagi Pro Rewards Orders Team, customersupport@obagi.com directly or by using the Customer Service form on the Website to request a replacement. At its sole discretion, if the Reward is no longer available, Sponsor may accept a return of the damaged or defective item and credit back the Points. Any Rewards redemptions that are no longer available at time of shipment will be canceled, and Points will be credited back to Participant's Points balance.

All Obagi Pro Rewards Catalog Rewards require Sponsor to share the Participants contact information (i.e., email, telephone number, and mailing address) with the manufacturer and/or vendor providing and shipping the Reward. By accepting these Terms and redeeming Points for a Reward, the Participant acknowledges and agrees to grant Sponsor permission to share their information as set forth hereunder. All Rewards are available on a first-come, first-serve basis, many in limited quantities and while supplies last. Rewards, and the redemption thereof, and any other related information are subject to Reward availability, Participant's Points available to be redeemed, and compliance with these Terms in Sponsor's sole discretion. Rewards pictured on the Website are for illustrative purposes and may not necessarily reflect exact colors, styles, models or features of actual Reward. SPONSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES OR COVENANTS THAT ANY PARTICULAR REWARD WILL BE (OR WILL CONTINUE TO BE) AVAILABLE OR OFFERED IN THE PROGRAM. Sponsor reserves the absolute right to modify, change, delete or add Rewards, or any element thereof at any time.

Account Inactivity

An account is considered inactive if the Participant has no Product Sales or fails to meet the minimum Order requirements. Inactive Participants will be notified of the inactive status via email twice for inactivity: 90 days and 30 days of no transaction activity or logins. It is the Participant's sole responsibility to ensure that their Account is up to date with the proper contact information.

Program and Participant Termination

Sponsor has the right to revoke or freeze Benefits, Points, or an Account if a Participant is no longer in good standing or no longer eligible for the Program. Participant status can be revoked at any time by Sponsor in its sole discretion for any reason. Sponsor reserves the right to terminate or alter the Program, or any portion thereof, for any reason at any time in its sole discretion. A Participant may terminate their Account at any time by submitting a request to terminate their Account through the contact us submission box on the Website.

Intellectual Property Rights

Obagi's name and the Obagi logo and all related products and service names, design marks and slogans are trademarks, service marks or registered and/or licensed trademarks of Obagi Cosmeceuticals LLC and may not be used in any manner without the prior written consent of Obagi Cosmeceuticals LLC. All other program products and service marks are trademarks of their respective owners. Copyright, trademark, or other proprietary notices or visual marks and logos may not be removed or altered.

PRIVACY

Any information Participant provide or make available to Sponsor in connection with this Program, or any element thereof in connection with this Program, is subject to Sponsor's Privacy Policy available at: https://privacy.obagi.com/privacy-policy.

General

These Terms constitute the entire agreement between Sponsor and the Participant with respect to the Program and supersede all prior and contemporaneous agreements, understandings, and commitments relative to the Program. In the event of any conflict between these Terms and any other promotional material or verbal statements made in connection with this Program, these Terms shall control. All previously published Program materials are hereby amended and restated in their entirety and shall be replaced by these Terms. AS THE PROGRAM EVOLVES, THE TERMS AND CONDITIONS OF THE PROGRAM MAY BE MODIFIED. SPONSOR MAY CEASE OFFERING THE PROGRAM UNDER THE PREVIOUSLY OFFERED TERMS. ACCORDINGLY, EACH TIME A PARTICIPANT SIGNS INTO OR OTHERWISE USES THE PROGRAM, THEY AGREE TO THE THEN-APPLICABLE TERMS, AND THE PARTICIPANT AGREES THAT SPONSOR MAY NOTIFY THE PARTICIPANT OF OTHER TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER AT SPONSOR'S SOLE DISCRETION) AND THAT CONTINUED USE OF THE PROGRAM AND WEBSITE AFTER SUCH NOTICE CONSTITUTES PARTICIPANT'S GOING-FORWARD AGREEMENT TO THE REVISED TERMS.

Sponsor has the sole discretion to interpret and apply the Terms and all elements thereof. All issues, concerns, questions or disputes regarding the Terms, the Program, or any element thereof, including, but not limited to, participation and/or a Participant's eligibility and compliance with these Terms will be resolved by Sponsor in its absolute discretion. By participating in the Program, Participants agree to be bound to these Terms and to Sponsor's decisions, which are final and binding.

Sponsor is not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, damaged, mutilated, returned, or undelivered mail or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, app, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information in connection with the Program, or any element thereof. Sponsor is not responsible for injury or damage to Participants' or to any other person's computer or device related to or resulting from participating in this Program or downloading materials from participation in the Program or use of the Website.

Sponsor is not liable to Participant or any other person or entity for failure to execute the Program or any element thereof or supply any Points, items or Rewards or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, pandemic or other health emergencies, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond Sponsor's reasonable control.

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. To the extent permitted by applicable law, Participants waive any applicable statutory and common law that may permit a contract to be construed against its drafter.

Sponsor reserves the right, without limitation, to: (i) investigate any suspected breaches of the Website's security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by reviewing law enforcement databases; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Program, in whole or in part, or, suspend or terminate Participant's access to it, in whole or in part, including any Account or registration, at any time, without notice, for any reason and without any obligation to Participants or any third party. Any suspension or termination will not affect Participant's obligations to Sponsor under these Terms. Upon suspension or termination of Participant's access to the Program, or upon notice from Sponsor, all privileges granted to Participants under these Terms will cease immediately, and Participants agree that they will immediately discontinue use of the Program. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses Participants grant Sponsor in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Sponsor may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by Participants, and Participants may not delegate Participant's duties under them. Headings are provided for convenience only.

INDEMNITY, RELEASE AND LIMITATIONS OF LIABILITY

In exchange for the right to participate in the Program, Participants agree to indemnify, defend and hold harmless Sponsor and all other Program Entities, and their respective parents, affiliates and subsidiaries, advertising and promotion agencies, and their respective distributors, officers, directors, employees, independent contractors, representatives, assigns and agents (collectively, the "Released Parties") from and against any and all causes of action, damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property ("Claims"), that directly or indirectly arise from or are related to: (i) Participant's use of the Program, the Website, and any activities in connection with the Program; (ii) Participant's breach of these Terms; (iii) Participant's violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Participant's use of the Program or Website or activities in connection therewith; (iv) information or material transmitted by Participant or through a Participant's device, even if not submitted by Participant, including but not limited to information or material that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by Participant; (vi) the acceptance, possession, use, misdirection, or misuse of any item claimed as a Reward or any element thereof; and (vii) Sponsor's use of the information that a Participant submits to Sponsor (all of the foregoing collectively, "Claims and Losses"). Participants will cooperate as fully required by Sponsor in the defense of any Claims and Losses. Notwithstanding the foregoing, Sponsor retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sponsor reserves the right to assume the exclusive defense and control of any Claims and Losses. Participants will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sponsor. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT INDEMNIFIES AND HOLDS THE RELEASED PARTIES HARMLESS FROM AND WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH CLAIMS AND LOSSES IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR LOSS IS BASED. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS PROGRAM OR PARTICIPATION THEREIN OR ANY ELEMENT THEREOF.

To the fullest extent permitted by law, the foregoing releases will apply even if any of the foregoing Claims and Losses were foreseeable and even if Released Parties were advised of or should have known of the possibility of such Claims and Losses, regardless of whether Participant brings an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, technical difficulties, or destruction of the Program).

AGREEMENT TO ARBITRATION/DISPUTES

Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Participant shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Terms (except for any disputes arising from the loss or injury from the use of Rewards) shall be submitted to final, binding arbitration conducted in Los Angeles County, California under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired California or federal court judge who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, California including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Program Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Terms) in the state and federal courts of Los Angeles County, California. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County, California; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (iv) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the Participant and Program Entities in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Last Updated: September 2025