NO PURCHASE REQUIRED TO ENTER THE CONTEST. CONTEST OPEN TO CANADIAN RESIDENTS ONLY. IF YOU DO NOT WANT TO COMPLY WITH THE RULES BELOW, DO NOT ENTER THE CONTEST.
1. CONTEST PERIOD, ORGANIZER AND SPONSOR
The What mood are you in today? contest (hereinafter, the “Contest”) is organized and administered by OSI Group (Optometric Services Inc.) (hereinafter, the “Contest Organizer”). TransitionsTM is the Prize sponsor, as defined below (hereinafter, the “Prize Sponsor”). The Contest takes place in participating clinics that are members of the OSI Group (hereinafter the ‘’Participating Clinics’’) in Canada from June 6, 2022, at 00:01 a.m. Eastern Time (“ET”) and ends on August 31, 2022, at 11:59 p.m. ET (hereinafter, the “Contest Period”). The clock used by the Sponsor to compute the Entries (as defined below) will be the official clock to determine the date and time of receipt of an Entry.
The Contest is open to all legal residents of Canada who have reached the age of majority at the time of entry into the Contest. Employees, agents and representatives of the Contest Organizer and the Prize Sponsor, their subsidiaries and affiliates, their advertising and promotional agencies, suppliers of prizes, materials and services related to the Contest or any other person directly related to the conduct of this Contest, as well as members of their immediate family, are excluded. For the purposes hereof, “immediate family” means fathers, mothers, brothers, sisters, children, legal or common-law partners and all persons with whom such employees, agents and representatives are domiciled.
3. HOW TO ENTER THE CONTEST
There is only one way to enter the Contest for a chance to win Prizes (as defined below).
The entrant must submit their Entry personally. By entering the Contest, entrants fully and unconditionally agree to be bound by these Contest Rules and the decisions of the Contest Organizer, which will be final and binding in all matters relating to the Contest. No automated/robotic entry devices and/or programs are permitted, and any attempted form of entry other than what is specified herein is prohibited. Any attempt to earn extra Entries by using multiple/different email addresses, identities, or any other methods will void that entrant’s Entries and that entrant may be disqualified from the Contest. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered, or tampered with in any way.
The Contest Organizer is not responsible for entries that are lost, late, undelivered, incomplete, illegible, damaged, or sent by unauthorized means. These Entries will be declared null and ineligible for the Contest and will be refused at the time of the draw.
There is a total of twenty-six (26) prizes to be won across Canada totalling a value of $3,500, comprising:
$1,000 to spend at the clinic
25 lucky eye charm jewels; 10 bracelets ($93 each), 5 pendant hoops ($170 each) and 10 pendants ($68 each)
The Gift Cards are hereafter collectively referred to as the ‘’Prizes’’.
Prizes must be accepted as is. Should winners be unable to claim their Prize as awarded, no compensation or substitution will be granted by the Contest Organizer, its subsidiaries, and suppliers or by any other party associated with the Prize.
Regardless of the situation, the Contest Organizer, its subsidiaries, its suppliers of products, materials or services related to this Contest, as well as their respective employees, agents and representatives will not be required to award more prizes than what is provided for in these Contest Rules or to award a prize other than in accordance with these Contest Rules.
5. AWARDING OF PRIZES
On September 7, 2022, at around 10 a.m. in Montreal, a representative of the Contest Organizer will randomly select twelve (26) eligible winners from among all eligible Entries received during the Contest Period. The odds of winning a Prize depend on the total number of eligible Entries received during the Contest Period. The winner’s clinics must participate to the TransitionsTM promotion in collaboration with OSI Group to be eligible for the draw.
Limit of one (1) Prize per person and per household.
On September 7, 2022, between 11:00 a.m. and 5:00 p.m., a representative of the Contest Organizer will attempt to contact the selected winners at the email address listed on their Entry Form. The selected entrants are required to respond in accordance with the instructions provided in the email. If, after contacting a selected entrant by email, the Contest Organizer receives an email notification stating that the message could not be delivered, the Contest Organizer has the sole discretion to disqualify the entrant’s Entry. If an entrant cannot be contacted within 7 days or is unable or unwilling to accept the Prize for any reason, that person forfeits the right to win a Prize; another entrant's name may then be randomly drawn for that Prize and the process will be repeated to contact that new entrant. No communication will be exchanged except with the selected entrants. The Prize must be accepted as described in these Contest Rules. In the event that it is impossible, difficult and/or more costly for the Contest Organizer to award a prize (or part of a prize) as described in these Contest Rules, the Contest Organizer reserves the right to award a prize (or a portion of a prize) of the same nature and equivalent value or, at the Contest Organizer’s sole discretion, the monetary value of the prize (or part of a prize) as indicated in these Contest Rules.
6. HOW TO CLAIM A PRIZE
If you are selected as a potential Prize winner, you will be notified by email September 7, 2022. The potential Prize winners must sign a declaration and release form (the “Declaration Form”) and return it to the Contest Organizer’s designated representative by email in the manner prescribed on this form within seven (7) days of receipt and must comply with these Contest Rules. Prizes will be randomly distributed based on availability. Winners will receive their Prize by post.
The Prizes will only be awarded to the confirmed winner. If a potential winner of a Prize fails to properly complete the Declaration Form and return it within the required time, fails to comply with these Contest Rules (as determined by the Contest Organizer in its sole discretion), cannot be contacted in accordance with these Contest Rules for any reason and/or cannot accept a Prize for any reason, they will then be excluded from the Contest (and must waive all rights to the Prize) and another draw will be held for an entrant to be selected for that Prize.
The Contest Organizer and Prize Sponsor assume no liability after delivering the Prize, and the winner must assume the risk of loss or damage to the Prize after shipping. The Contest Organizer and the Prize Sponsor make no representation or warranty of any kind with respect to the appearance, safety, or performance of the Prize. The Prize will be delivered to the winner’s clinic within three (3) weeks of receiving the correctly completed Declaration Forms. It is the winner’s responsibility to pick up their prize at the participating clinic. The Contest Organizer and Prize Sponsor are not responsible for contacting or forwarding the Prize to a winner who provides unclear or incomplete information, or for prizes lost, misdirected, delayed, or destroyed while in transit.
GENERAL TERMS AND CONDITIONS
7. LIABILITY WAIVER – CONDUCT OF THE CONTEST
The Contest Organizer, the Prize Sponsor and any company, corporation, trust, or other legal entity controlled by, or related to, them, their advertising and promotional agencies, employees, agents, and representatives (hereinafter referred to as the “Released Parties”) are not responsible for late, lost, damaged, misdirected, damaged, truncated, illegible or incomplete Entry Forms. Proof of transmission (screenshot, etc.) does not constitute proof of delivery. The Released Parties are not responsible for any problem that may arise, including technical failures related to telephone network lines, online computer systems, servers, Internet service providers, hardware, software, viruses, bugs, personal computer failures and/or software and hardware configurations or the non-reception of an email by the Contest Organizer or an entrant for any reason, including network congestion on the Internet or on any website or any combination of these factors. The Released Parties are not liable for any damage to a user's system resulting from entering the Contest or downloading the information necessary to enter the Contest.
8. LIABILITY WAIVER – CONTEST AND/OR PRIZE ENTRY
By entering or attempting to enter the Contest, any person releases the Released Parties from any liability for any damage they may suffer as a result of their Entry or attempted Entry in the Contest. By accepting a Prize, a selected entrant releases the Released Parties from any liability for any damage they may suffer as a result of the acceptance or use of their Prize.
9. LIABILITY WAIVER – INABILITY TO DELIVER A PRIZE
The Contest Organizer and Prize Sponsor are not responsible for returned mail or courier service if a Prize could not be delivered due to the absence of a reply or the absence of a forwarding address. P.O. boxes are not accepted as a valid delivery address. The Contest Organizer makes no representation or warranty of any kind with respect to the appearance, safety, or performance of a Prize. Any entrant selected for a Prize acknowledges that the only warranty applicable to the Prize is the manufacturer’s usual warranty. Any entrant selected for a Prize acknowledges that the obligations associated with the Prize become the responsibility of the suppliers of the services and products making up the Prize.
10. OWNERSHIP AND DECLARATION FORMS
All Entry Forms and Declaration Forms received become the property of the Contest Organizer and will not be returned to the sender under any circumstances.
The Contest Organizer reserves the right to deny an entrant the right to enter the Contest or win a Prize if it determines, in its sole discretion, that the entrant has attempted to interfere with the proper functioning of the Contest by cheating, hacking, deception or other unfair practices (including the use of automated fast entry programs) or that he/she has attempted to annoy, abuse, threaten or harass other entrants, the Contest Organizer or the Prize Sponsor. The Contest Organizer reserves the right to exclude any entrant who does not comply with these Contest Rules or who refuses to participate in any investigation or inquiry regarding a compliance violation. Any attempt by an entrant or any other person to deliberately damage a website or interfere with the proper conduct of the Contest, including any fraudulent claims, may constitute a violation of criminal and civil laws. In such a case, the Contest Organizer reserves the right to seek remedies and damages to the fullest extent permitted by law. Any entrant involved in any of the above activities may be declared ineligible and any Prizes won may be forfeited. The Contest Organizer reserves the unconditional right, at its sole discretion, to reject any Entry if it suspects that it has been generated by script, macro, robotic, programmed or other automated means, or if it violates the Contest Rules.
12. IDENTITY OF THE ENTRANT
In the event of a dispute as to the identity of the person who submitted an online Entry Form, the form will be deemed to have been submitted by the authorized account holder of the email address provided at the time of Entry. The authorized account holder refers to the natural person who is assigned an email address by an Internet access or service provider or by any other organization responsible for assigning email addresses for the domain to which the given email address belongs. Selected winners may be required to provide proof of identity, including a driver’s license or other photo identification.
The Contest Organizer reserves the right, at its sole discretion, to terminate the Contest in whole or in part, without notice, or to modify or suspend the Contest at any time, subject to the approval of the Régie des alcools, des courses et des jeux (hereinafter, the “Régie”) when required, in the event of fraud, technical defects, including of a network server or in the case of an equipment failure, viruses, bugs, programming errors, communication errors, or any other error or cause beyond the control of the Contest Organizer that affects the management, integrity or security of the Contest or if any other factor disrupts the proper conduct of the Contest as provided in these Contest Rules.
If the computer system is unable to register all Contest Entries for a period of time for any reason whatsoever, or if Contest Entry is terminated in whole or in part before the end date provided in these Contest Rules, the draws may be made, at the Contest Organizer’s discretion, from among the other duly registered entries.
Any dispute related to the conduct or organization of a promotional contest may be submitted to the Régie for a ruling. Any dispute related to the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
15. PRIZE FORFEITURE
If a selected entrant is deemed ineligible, does not accept a Prize, does not correctly answer the mathematical skill-testing question, does not accept, or fails to complete and return the Declaration Form or if the Prize is returned because the recipient cannot be located, the selected entrant will be deemed to have forfeited the Prize. The Contest Organizer may then, at its sole discretion, randomly select another winner.
16. ACCESS TO THE WEBSITE
The Contest Organizer does not warrant that access to or use of the Contest website is uninterrupted or error-free.
17. NUMBER OF PRIZES
Under no circumstances may the Contest Organizer be required to award more Prizes than stated in these Contest Rules.
18. AUTHORIZATION/PERSONAL INFORMATION
By entering the Contest, any entrant selected for a Prize authorizes the Contest Organizer, Prize Sponsor, and their representatives to use his/her name, photograph, image, voice, place of residence and/or statement relating to the Prize for publicity purposes, without any form of compensation. No communication, commercial, or otherwise, not related to the Contest will be sent to the entrant, unless they have otherwise consented. Please refer to the Contest Organizer’s online privacy policies.
19. SEVERABILITY OF PARAGRAPHS
If any paragraph of these Contest Rules is declared or deemed illegal, unenforceable or void by a court of competent jurisdiction, then that paragraph shall be deemed void, but all other paragraphs not affected shall be enforced to the extent permitted by law.
20. APPLICABLE LAWS
This Contest is subject to all federal and provincial laws of the province of Quebec.
OPTOMETRIC SERVICES INC.
4, place du Commerce, bureau 200, Montreal QC H3E 1J4
Effective Date: August 6, 2021
Table of Contents
1. Scope and Application
2. Definition of “Personal Information”
“Personal information” is any information that identifies, or could be reasonably associated with, an individual and their household (collectively, “individual” or “you”). This may include, for example, your name, contact information and email-address. It may also include other types of more technical information, but only when this information can identify you as an individual. Information that is aggregated and/or de-identified and cannot be associated with an identifiable individual is not considered to be personal information.
3. What Personal Information do we Collect?
We limit the collection of personal information to what is reasonably required to fulfill the purposes for which it was collected. We collect personal information in various ways.
Personal information we collect may include:
Identifiers and contact information, such as your name, email and postal addresses, telephone number, Internet Protocol (IP) address (if it can identify you as an individual)
Demographic data, such as date of birth or gender.
Browsing activity on our websites, such as page and offers viewed, opt-out preferences, email bounce backs, click-throughs, content on social media, and IP addresses, if it can identify you as an individual (as further detailed in the How we Collect Personal Information section).
Geolocation information may be collected when you use our websites and apps, although this information may not always identify you as an individual.
Any other information you provide to us.
4. How we Collect Personal Information
We collect personal information in various ways, including: directly from you, from through online technologies (such as when you are interacting with us through our websites) and from third-party social networks.
More specifically, we collect personal information in the following ways:
a.Directly from you
We may collect personal information directly from you by mail, by email, over the telephone, through our websites or in any other direct manner, for instance when you participate in a contest or survey or make a request to our customer service.
b.Through online technologies
We may collect certain types of information electronically when you interact with our websites, emails, social media accounts, online advertising, or using our or a third party’s technologies, which include cookies, web beacons or single pixel gifs or analytics engines. This information helps us understand what actions you take on our websites and allows them to work correctly.
The technologies we use include:
Cookies, which are small text files that are saved on your computer when you visit a website so that information can be saved between visits, such as your login credentials or language preferences. For example, cookies allow you to log in quickly when you visit our websites.
Analytics engines, which pull usage data from multiple sources and help manage and collect this data to use for personalization, interest-based advertising, customizing content and other methods to gain insights into our customers’ needs and preferences.
Tools that help protect against inappropriate uses, such as Google Invisible reCAPTCHA, which collects hardware and software information, such as device and application data and the results of integrity checks, as well as unique online identifications such as IP address, and sends that data to Google for analysis.
You may delete or disable certain of these technologies at any time via your browser.
c. Third-Party social networks
We may collect your personal information if you interact with us through our social media pages and accounts (e.g., Facebook, LinkedIn, Instagram). For instance, we collect the personal information the respective social media platforms allow us to collect from our followers. We may also collect any content you upload to our social network pages (including photos or videos).
5. How we Use Personal Information
We may use all categories of personal information detailed in section 3 to manage our business operations, to generally enhance your customer experience with us, and as otherwise permitted or required by law.
We use your personal information for the following purposes:
a. Managing our business
We use your personal information to manage our business, for instance:
Deploying and managing our information technology applications and systems, including managing our websites.
Managing and facilitating the use of our websites, which may include using cookies and other similar technology (as further detailed in the How we Collect Personal Information section).
Meeting our contractual, legal, and regulatory obligations.
b. Conducting market research and data analytics
We may use your personal information to conduct market research and data analytics by tracking and analyzing current or previously collected information for the following purposes:
Improving or developing new products, services, programs, promotions, contests, or events.
Managing and developing our business and operations.
Improving our programs, products, and services (e.g., improving our websites).
Measuring the effectiveness of our marketing.
Understanding how visitors interact with our websites and ensure they work correctly.
When possible, we will use your information in an aggregated and/or de-identified format.
6. How we share personal information
a. Within OPTOMETRIC SERVICES INC.
b. Business partners
We may share your personal information with third party business partners with whom we associate to organize promotions and contests. We only share the personal information required for our business partners to offer the relevant products or provide the relevant programs or services.
c. Service providers
While providing our programs, products, services, promotions, contests, and events we may share all categories of personal information detailed in section What Personal Information do we Collect? with third party service providers who perform services on our behalf. These service providers help us operate our business, technology systems, internal procedures, infrastructure and advertising and marketing. They provide services to us, such as sending emails and postal mail, call centres, data hosting, contest administration, providing advertisements, and analytics services (e.g., tracking effectiveness of our marketing campaigns and analyzing usage of our websites). We require these service providers to limit their access to and/or use of personal information to what is required to provide their services and to comply with our privacy requirements.
Personal information collected from contest participants may be shared with our contest administrator to contact selected winners.
d. Sale or transfer of business or other transaction
We may disclose personal information to a third party in connection with a sale or transfer of business or assets, an amalgamation, reorganization, or financing of parts of our business (including the proceedings of insolvency or bankruptcy). In the event the transaction is completed, your personal information will remain protected by applicable privacy laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to completely delete such information, in compliance with applicable laws.
e. Other permitted reasons
Applicable laws may permit or require the use, sharing, or disclosure of personal information without consent in specific circumstances (e.g., when investigating and preventing suspected or actual illegal activities, including fraud, or to assist government and law enforcement agencies). These circumstances include situations when permitted or required by law or when necessary to protect our group of companies, our employees, our customers, or others. If this happens, we will not share more personal information than is reasonably required to fulfill that particular purpose.
f. With your consent
Other than the purposes listed above, we may, with your implied or express consent, share or disclose your personal information outside of our group of companies, in accordance with applicable laws.
7. How we Manage Consent
8. How we Store and Safeguard Personal Information
We take the security of your personal information very seriously and are committed to protecting your privacy by using a combination of administrative, physical, and technical safeguards.
a.How we protect personal information
We employ organizational, physical, and technological measures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, considering, among other things, the sensitivity of the information and the purposes for which it is to be used. These safeguards also apply when we dispose of or destroy your personal information. We use reasonable safeguards to ensure that our service providers protect your personal information wherever it is used or stored.
b.How long we keep personal information
We will store your personal information in accordance with our retention policies or as otherwise required or permitted by law, after which your personal information will be securely destroyed or anonymized (so the information no longer identifies you).
9. Children Privacy
We do not knowingly request or collect personal information from children under 13 years of age without prior verifiable consent of their parent or legal guardian and complying with any other legal requirements. If we become aware that we have unknowingly collected personal information about a child without verifiable parental or legal guardian consent, we will delete this information from our records or take reasonable steps to de-identify the information.
© 2022 All rights reserved - OSI Group.