Program Rules: Terms and Conditions
These are the official program rules for the APOthecary Heroes #APOcares Awards Program. APOthecary Heroes (the “Awards Program”) is subject to all applicable Canadian federal and provincial and municipal laws and regulations (“Applicable Laws”). The program rules are subject to change without notice in order to comply with any Applicable Laws.
By participating in this program, you represent and warrant that you have read, understood and agree to be bound by these Program Rules: Terms and Conditions (the “Program Rules”).
To be eligible to be considered for program, an individual must:
- be a legal resident of, and the age of majority within their respective province or territory in Canada;
- be a pharmacist, licensed within the jurisdiction in which the award is presented or pharmacy technician or pharmacy assistant; and
- be living (awards are not presented posthumously).
- PROGRAM PERIOD:
The program opens on September 25th, 2022 (12:01 AM EST) to October 12th, 2022 (11:59 PM EST) (the “Program Period”).
- HOW TO ENTER:
There is no purchase necessary to enter the program.
To enter the program, visit www.apotex.com/ca/en/contest/apothecaryheroes (the “Program Website”) and complete and submit the program entry form as instructed either online or by mail.
Entries must be received prior to the end of the applicable program period set out in Section 2 above to be eligible for entry.
Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated or, forged. No communication or correspondence will be exchanged with entrants except with those selected as a potential program winner.
The Sponsor shall have the right to reject any entry and disqualify any entrant from the program, with no further liability to Sponsor if any such entry to the program, including but not limited to any Nomination Package, materials or contents included in such entry, contains any inappropriate images or language, including but not limited to racial slurs or profanity.
Upon nomination, the Sponsor will contact the nominee to sign and return a legal agreement and/or waiver stipulating that the nominee:
- agrees to be nominated;
- is a member in good standing with both their provincial licensing body (only applicable to regulated pharmacy technicians and pharmacists);
- is employed in the pharmacy stated in the nomination;
- has not been engaged in any prior illegal or criminal activity and that they are not aware of any forthcoming legal claims; and
- agrees to forward any additional relevant materials to support their nomination.
All Apotex Inc. employees are restricted from making nominations. Additionally, in Quebec, Apotex Inc. employees, representatives or agents, members of the jury and persons with whom they are domiciled with cannot enter the program.
By entering the program, each entrant agrees to the following terms:
- complying with all of the terms and conditions set out herein in the Program Rules;
- publication and use of the entrant’s name, statements, likeness and any other data, information or materials submitted by the entrant in connection with the program, in any publicity that may be carried out by the Sponsor;
- releasing the Released Parties from any and all liability that may arise, directly or indirectly, in connection with the program as set out in Section 15 below;
- not to defame or disparage the Sponsor, its affiliates, its representatives, its business, services, directors, officers and employees, whether by way of statement, act or omission, in any media anywhere in the world, including social media;
- granting a license to Sponsor to all intellectual property in any entry or materials that are submitted in connection with the program as set out in Section 7 below; and
- indemnifying the Sponsor as set out in Section 15 below.
Up to thirteen (13) winners, one (1) per province and territory in Canada will be awarded:
- a $2,500 CAD donation to their charity of choice that aligns with the Apotex Giving Philosophy; and
- a written article highlighting the winners both internally at Apotex Inc. and externally in a Canadian Pharmacy Professional publication (collectively, the “Prizes”), valued at [$11,200 CAD].].
The Sponsor has a right to substitute the Prizes or a component thereof for any reason with a prize or prizes of equal or greater value at any given time without notice to the entrants.
Without limiting the generality of the foregoing, the entrant agrees that the following general conditions apply to the above Prizes:
- No substitution of any Prizes are permitted except at the Sponsor’s sole discretion;
- Prizes must be accepted as awarded by the Sponsor;
- Prizes are not assignable, convertible for cash pay-out, exchangeable and/or transferable; and
- Sponsor reserves the right to impose reasonable restrictions, at any time, on the use or the availability of the Prizes or any component thereof.
- WINNER SELECTION:
Awards are not given in exchange for a purchase of products nor a promise to purchase products and all buying/prescribing decisions are made independently of this program.
Following the end of the applicable Program Period, the Sponsor will select one (1) entrant per province and territory in Canada (13) from all eligible entries received during the Program Period by a panel of five (5) internal judges based on judging criteria as indicated on the Program Website. Apotex Inc. Sales Representatives are restricted from judging the program. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the program and on the caliber of eligible nominations submitted and received in accordance with the program rules. Any remaining entries will not be carried over for entry in possible future programs.
The judges will judge each eligible entry based on the following framework:
Criteria Score CONTEXT & RELEVANCE: The context in which the nominee’s pharmacy involvement impacts patient health. 10 INTERVENTION: The activities undertaken to support pharmacy practice, community and patient health. 10 IMPACT / INSPIRATIONAL POWER: The Wow! Factor. How the nominee goes above and beyond for patients, their community and/or pharmacy practice. 10 Total Score Maximum of 30
The scores awarded to each eligible entry shall be at the sole discretion and determination of the judges selected by the Sponsor. If there is an exact tie for a province and/or territory based on the tallying of the criteria set out above, the Sponsor will select three (3) new judges who will review the tied eligible entries in order to break the tie, in accordance with the scoring framework and criteria set out above.
Winners will be contacted by November 12, 2022 through the email provided through their program application. The Sponsor’s decisions in selecting winners will be final and binding. Entrants and nominees will have no right to appeal or program the Sponsor’s selection of a winner or winners.
Before being declared a confirmed winner, winners shall be required to execute a legal agreement and release (“Release”) that confirms, among other things, his or her: (i) eligibility for the program and compliance with these program Rules; (ii) acceptance of the Prizes as offered; (iii) consent to the use of their name, statements, entries, images or other likenesses by the Sponsor for the purposes of advertising, publicity and/or for informational purposes in any format or medium without any further notice or compensation from the Sponsor; (iv) grant to the Sponsor of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, create derivative works of and otherwise use or re-use the submitted Nomination Package, his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the program; (v) releases the Released Parties from any and all liability, harm, damages, cost or expense in connection with the program, his/her participation therein and/or the acceptance, awarding and/or use or misuse of the Prizes or any portion thereof.
In addition, as part of the Release, the confirmed winner will agree: (i) to not defame or disparage the Sponsor, its affiliates, its representatives, its business, services, directors, officers and employees, whether by way of statement, act or omission, in any media anywhere in the world, including social media; and (ii) to comply with the indemnification terms and conditions set out in Section 15 of these Program Rules.
The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights he or she may have to the Prizes will be forfeited. In the event such individual is disqualified, the Sponsor reserves the right, in its sole discretion, to select an alternate eligible entrant from among the remaining eligible nominations in accordance with the Program Rules.
THE PARTIES AGREE THAT NO ONE SHALL BE DEEMED A WINNER UNTIL AND UNLESS THE SPONSOR OFFICIALLY CONFIRMS HIM OR HER AS THE WINNER IN ACCORDANCE WITH THE PROGRAM RULES.
- RIGHTS CLEARANCE:
By providing the program entry submission, including all content and materials associated with such entry to the Sponsor in connection with the program (collectively the “Nomination Package”), each entrant shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and non-exclusive license to copy, modify, publish, edit, reproduce, display, adapt, transmit, translate, create derivative works of and/or otherwise use the Nomination Package and all materials and information contained within and/or submitted along with the Nomination Package for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the program. The entrant agrees to waive all of his/her moral rights in and to his/her Nomination Package and each component thereof in favour of the Sponsor and any third party authorized by the Sponsor to use such Nomination Package. The entrant hereby confirms that the Nomination Package is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Nomination Package or any part thereof. The Sponsor assumes no responsibility for any claims of infringement of rights to any intellectual property including copyright, and to privacy and/or personality, and all such liability shall remain solely with the entrant. In addition, each entrant represents to the Sponsor that the Nomination Package does not infringe on the intellectual property rights, including any copyright interest of any third party and that the Nomination Package is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. The Sponsor reserves the right to exclude any Nomination Package on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in its sole discretion.
The Sponsor reserves the right, in its sole discretion and subject only to the approval of the Régie des alcools, des courses et des jeux in Quebec , to terminate the program, in whole or in part, and/or modify, amend or suspend a program, and/or the Program Rules in any way, at any time, for any reason without prior notice.
- TECHNOLOGY MISHAPS:
Sponsor assumes no responsibility for: entries lost, stolen, late, delayed, damaged, illegible, incomplete, or for the failure, interruption or delay of any email or other communication to be received, for any reason; problems with the function of any website or website feature howsoever caused; the malfunction of, or damage caused to, computer equipment, data or software, online systems, servers or access providers; any functionality lost due to not having cookies enabled; traffic congestion on the Internet or on phone lines; the security or privacy of information transmitted via computer networks; or for breaches of privacy due to interference by third party computer “hackers”.
- SOCIAL MEDIA:
This program is in no way sponsored, endorsed or administered by any social media platforms on which the program may have been promoted and/or publicized, including but not limited to LinkedIn, Facebook and/or Twitter. For further clarity, LinkedIn, Facebook and/or Twitter are not affiliated with the Sponsor. The entrant acknowledges that the program is not endorsed, sponsored or administered by, or associated with the aforementioned social media platforms in any way. Any personal information provided in connection with the program is being provided to Apotex Inc. and not to LinkedIn, Facebook and/or Twitter. Any questions or comments regarding a program must be directed to Apotex Inc. and not to any of the social media platforms on which the program may have been advertised or administered.
- FOR QUEBEC RESIDENTS ONLY:
Any litigation respecting the conduct or organization of a publicity program may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Board only for the purpose of helping the parties reach a settlement.
- GOVERNING LAW:
All disputes, issues and questions related to validity, interpretation, construction and enforceability of the Program Rules or the rights and obligations contained therein shall be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions. The parties hereby consent to and irrevocably attorn to the exclusive jurisdiction and forum of the courts of the Province of Ontario in any action to enforce or otherwise relating to the Program or the Program Rules.
Attention: Chief Privacy Officer
150 Signet Drive
Toronto, Ontario, Canada
You may also contact the Canadian Federal Privacy Commissioner at www.priv.gc.ca, or by calling 1-800-282-1376.
Please note that questions or complaints directed to Apotex's Chief Privacy Officer, which are unrelated to privacy, will not receive a response.
- SPONSOR’S RIGHTS:
The Sponsor reserves the right to:
- Screen all Nomination Packages;
- Require an entrant, nominee or confirmed winner to submit any further information, materials, or documentation as part of the program or in connection with a submitted Nomination Package;
- Require an entrant, nominee or confirmed winner to provide proof of identity or proof that such entrant, nominee or confirmed winner is the authorized email address account holder associated with any Nomination Package;
- Disqualify any individual, entity, Nomination Packages, nominees and nominations that fail to comply with or violate the terms and conditions set out in the Program Rules or the Sponsor’s interpretation of the letter and/or spirit of the Program Rules;
- Disqualify any Nomination Packages or other materials or information submitted in connection with such Nomination Package that are damaged, illegible, inaccurate, incomplete or that have been submitted through illicit means;
- Administer a test of skill, if appropriate and/or if required, in order to comply with Applicable Law; and
- Seek remedies and damages to the fullest extent permitted by the law if any attempt is made to challenge and/or undermine the legitimate administration or operation of the program, provided that such challenge and/or undermining is a violation of any Applicable Laws.
Under no circumstances shall the Sponsor, its representatives or any of its program organizers or agents be liable for or be held responsible for falsified, inaccurate, erroneous, defective (whether typographically or otherwise), damaged, lost, late, stolen, misdirected or destroyed Nomination Packages and entries, including in relation to any content or materials contained therein.
Under no circumstances shall any failure by the Sponsor to enforce any provision of the Program Rules constitute a waiver of that provision. Moreover, the unenforceability or invalidity of any provision of the Program Rules shall not affect the enforceability or validity of any other provision. If any provision of the Program Rules is determined to be unenforceable or otherwise invalid, then the Program Rules shall be construed in accordance with their terms as if the unenforceable or valid provision was not contained therein.
- RELEASE AND INDEMNIFICATION:
By entering this program, entrants, nominees and confirmed winners release and hold harmless each of the Sponsor, its representatives, the Sponsor’s program judges, the Sponsor’s affiliates and its directors, officers, employees, contractors, agents and successors and assigns (collectively the “Released Parties”) against, any costs, expenses, harm or liability for any injuries, losses or damages of any kind (including direct, indirect, special, consequential, incidental or punitive damages) to persons or property resulting from:
(a) any Prizes, including the acceptance, awarding, misuse or use of any Prizes;
(b) entry in or participation in this program, including access to and use of the Program Website; and
(c) any claims based on intellectual property right infringement, privacy rights or defamation.
By entering the program, entrants, nominees and confirmed winners agree that the Released Parties will not be responsible or liable for any of the following: (i) any technical issues, concerns, malfunctions or problems of any nature whatsoever, including but not limited to those relating to telecommunication networks, computer on-line systems, servers, access providers, any software, or any devices or computer equipment; (ii) any failure of the Program Website or any other platform used during the program; (iii) the failure of any nomination, Nomination Package and/or other information to be accepted, received, captured or recorded for any reason whatsoever, including but not limited to, technical problems such as traffic congestion on the internet; (iv) any damage or injury to an entrant’s, nominee’s or confirmed winner’s or any third party’s hardware devices, including computers and mobile devices, related to or resulting from participating in the program; (v) anyone being mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
Each entrant, nominee and confirmed winner agrees to defend, indemnify and hold Sponsor, its affiliates, and its directors, officers, employees and agents harmless from and against any losses, damages, liabilities, claims and actions brought by any third party claiming that the Sponsor’s use of the Nomination Package and any of its contents and materials and information provided in connection with this program by an entrant, nominee or confirmed winner infringes on (a) its intellectual property rights anywhere in the world, including but not limited to trademark rights, copyrights, and moral rights or (b) its personality or privacy rights.
Further, each entrant, nominee and confirmed winner agrees to defend, indemnify and hold Sponsor, its affiliates, and its directors, officers, employees and agents harmless from and against any losses, damages, liabilities, claims, actions and reasonable costs that may directly or indirectly arise from any third party action, claim or proceeding commenced against the Sponsor and its program organizers because of the submission of a Nomination Package.