Gift of Choice Bulk Gift Card Program
Loblaws Inc. (“Loblaw”), Shoppers Drug Mart Inc. (“Shoppers Drug Mart”) and their respective parents, subsidiaries and affiliates (together, “Loblaw”) are pleased to introduce the Gift of Choice Bulk Gift Card Program (“Bulk Program”). Approved partners may purchase plastic and electronic President's Choice®, Shoppers Drug Mart® and Pharmaprix® gift cards, and other gift cards as determined by Loblaw from time to time (individually or together called “Gift Cards”) as part of their community and corporate programs and initiatives.
Any promotion which mentions Loblaw or which uses any Loblaw trademarks or card creative must be reviewed and approved by the Loblaw or Shoppers Drug Mart Gift Card Department, as applicable, in advance and prior to purchase of Gift Cards, which approval may be withheld, conditioned or delayed by Loblaw or Shoppers Drug Mart, as applicable, in its sole discretion.
Plastic and electronic Gift Cards can be purchased at www.giftofchoice.ca in any denomination between $5-$500 Canadian dollars.
Program Requirements & Discounts
To be considered for the Bulk Program discount, each order must be a minimum of $2,000 dollars. A mix of plastic and electronic Gift Cards in an order is permitted. Discounts up to 5% will be granted per order, on a non-cumulative basis. Based on the order value, the following discount rates apply:
2% Discount for orders between $2,000 and $4,999
3% Discount for orders between $5,000 and $9,999
4% Discount for orders between $10,000 and $19,999
5% Discount for orders over $20,000
Loblaw may revoke or modify any Bulk Program terms, discount or eligibility at any time in it sole discretion.
In order to participate in the Bulk Program, an applicant must register online at www.giftofchoice.ca/bulk-orders. No order will be processed prior to receipt and approval of an application. Any orders below the minimum order amount can be purchased at www.giftofchoice.ca or any Loblaw or Shoppers Drug Mart store.
Terms and Conditions
Your participation in the Bulk Program and purchase of Gift Cards is subject to the following Terms and Conditions:
Loblaws Inc. (“Loblaw”), Shoppers Drug Mart Inc. (“Shoppers Drug Mart”) and their respective parents, subsidiaries and affiliates (together, “us”, “we”, “our” and/or “Loblaw”) is instituting the Gift of Choice Bulk Gift Card Program (“Bulk Program”).
The Bulk Program provides potentially valuable cost savings and incentives to companies, associations, non-profit organizations, charities and other community groups purchasing plastic and electronic President’s Choice®, Shoppers Drug Mart® and Pharmaprix® gift cards, and other gift cards as determined by Loblaw from time to time (individually or together called “Gift Cards”) as part of their programs or initiatives for distribution to persons making use of the Gift Cards to effect purchases of products and services at Loblaw and Shoppers Drug Mart stores (“Users”).
All approved companies, associations, non-profit organizations, charities and other community groups seeking to benefit from the cost savings and incentives under the Bulk Program agree to be bound by the Terms and Conditions and the Bulk Program policies as may be implemented by Loblaw, as the same may be amended by Loblaw from time to time (the “Bulk Program Terms and Conditions”).
Eligibility for Discounts
Discounts will be granted by Loblaw in accordance with the Bulk Program Terms and Conditions.
In order to qualify as a Bulk Program partner (a “Partner”) and to be eligible to receive discounts, the applicant must be an approved company, association, non-profit organization, charity or other community group making a minimum order purchase of $2,000 dollars.
Loblaw reserves the right, in its sole discretion, to require additional information in order to evaluate any applications for Partner status, to reject any applications for Partner status, and/or to revoke Partner status from a Partner, where Loblaw deems, in its sole discretion, (i) that the applicant’s or Partner’s activities, as the case may be, are not commensurate with the objectives, policies, goals and guiding principles of the Bulk Program, as applicable; (ii) that Loblaw’s association with such applicant or Partner could in any way harm Loblaw’s business interests or reputation; (iii) that the applicant or Partner, as the case may be, is affiliated with another entity that is currently participating in the Bulk Program and did not disclose same to Loblaw; (iv) that the applicant or Partner or a related affiliate of Partner may be abusing the Bulk Program; (v) for any other reason as determined by Loblaw, in its sole discretion. Discounts to a Partner will be afforded on a “per order, non-cumulative basis.” A Partner may not aggregate or cumulate past orders for the purposes of taking advantage of a larger discount amount.
Loblaw reserves the right, in its sole discretion, to impose a maximum cumulative annual purchase amount that is eligible for a discount under the Bulk Program at any time.
Loblaw reserves the right to rescind or recall any Gift Cards at any time in its sole discretion due to changes in applicable laws, rules and regulations of Canada and its Provinces (“Laws”) or changes in its Bulk Program policies, as applicable.
Re-sale of Gift Cards
Other than as expressly permitted by Loblaw, in its sole discretion, Partners are not permitted to re-sell Gift Cards to any third-party establishment, person or entity. Where re-sale of Gift Cards is permitted by Loblaw, in its sole discretion, the Partner is subject to any additional terms as may be imposed by Loblaw.
To make a Gift Card order through the Bulk Program (an “Order”), the applicant must register for an account. When a Partner makes an Order, the Partner agrees to provide accurate and current information about itself as requested, and to promptly update such information as necessary to ensure that it is kept accurate and complete. The Partner agrees to be responsible for: (a) the accuracy of all information that is provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that the Partner chooses or that are otherwise assigned to the Partner as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, the Partner agrees to notify us of any unauthorized use of the Partner’s password or account of which the Partner is or becomes aware. Loblaw shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, a Partner’s failure to comply with this section.
Representations and Warranties
The Partner shall comply with Canada’s Anti-Spam Legislation (“CASL”), including in respect of any commercial electronic message (“CEM”) it causes Loblaw or Loblaw’s third party service providers to send pursuant to the Bulk Program, and in respect of any request for consent to send a CEM that is made by the Partner in respect of a CEM sent under the Bulk Program. Without limiting the generality of the foregoing, the Partner represents, warrants and covenants to Loblaw that:
The Partner consents to Loblaw’s use of third party service providers (as determined by Loblaw) to perform any or all of Loblaw’s obligations under the Bulk Program;
It will only cause Loblaw or Loblaw’s third-party service providers to send CEMs to individuals in Canada who have consented, in the manner required by CASL, to receive them. The Partner will provide proof of such consent to Loblaw on request. The Partner will retain full records of all consents in respect of CEMs sent pursuant to the Bulk Program, including the record of the date, time, purpose, and manner of each consent so as to demonstrate the context in which the consenting party provided consent to the Partner, with such records including full copies of any materials the consenting party may have encountered in providing such consent, and shall provide Loblaw with such records on request.
The Partner shall not cause Loblaw or Loblaw’s third party service providers to send a CEM to any electronic address that is known or suspected to have been obtained through the use of a computer program that is designed, marketed, or used in generating or searching for, and collecting, electronic addresses, or to any person who has unsubscribed from receiving CEMs from the Partner.
The Partner understands and agrees that Loblaw or Loblaw’s third-party service providers will include as part of each CEM sent or caused to be sent as part of or in relation to the Bulk Program:
A statement the CEM was sent by Loblaw for the Partner,
The name of the Partner,
The email address provided by the Partner at time of registration and/or order placement, and
An instruction to contact the Partner email address should the recipient wish to unsubscribe from CEMs sent by the Partner.
The Partner shall ensure that all contact information referred to in section (d)iii. above remains valid for at least sixty (60) days from the sending of any CEM which includes it. IMPORTANT: without limiting the foregoing, for greater certainty, the email address provided by the Partner must be able to receive unsubscribe requests for at least sixty (60) days from the sending of any CEM.
In accordance with applicable Laws, the Partner shall give effect to any unsubscribe requests that it receives in relation to the Services within ten (10) days of receipt of such request and retain evidence of the timely fulfillment of each such unsubscribe request.
The Partner represents and warrants that it has a written program instructing its personnel how to comply with CASL and applicable Laws. The Partner has identified a specific representative to be in charge of its program and shall ensure that this individual is available to Loblaw to respond to any questions and to work with Loblaw in the event of any breach of the Partner’s obligations under this section.
If the Partner receives notice of any investigation or allegation by any governmental or regulatory authority or any other person that the Partner is not in compliance with CASL, or any other applicable Laws, the Partner will promptly, and in no case later than five (5) days after becoming aware thereof, notify Loblaw of such investigation or allegation, the substance thereof, and the circumstances giving rise thereto. In the event that the Partner or Loblaw receives notice of any investigation or allegation by a governmental or regulatory authority or any other person that the Partner is not in compliance with CASL, or any other applicable Laws, and such notice or investigation relates to the Bulk Program hereunder, the Partner shall minimize the impact of such notice or investigation on the Bulk Program by taking any actions as may be requested by Loblaw, including cooperating and complying with any request or instructions from such governmental or regulatory authority.
Method of Payment
The authorized method of payment for Orders is Mastercard, Visa or electronic funds transfer. All Orders must be paid in full prior to pick up or the shipment and delivery of the Gift Cards, without exception. Gift Cards must be purchased in Canadian dollars. Loblaw reserves the right to request alternative forms of payment or to change the permitted methods of payment at any time.
Processing and Delivery of Orders
Loblaw reserves the right to hold, suspend, cancel or refuse an Order for which fraud, a violation of these Bulk Program Terms and Conditions, or a security risk is suspected.
Electronic Gift Cards will be emailed to the indicated recipients by the estimated delivery times specified in the online Order.
Plastic Gift Cards are shipped within 4-7 business days (Monday through Friday, not including holidays) from Order confirmation. Shipping and handling fees may apply and are non-refundable. Orders will only be shipped to a valid mailing address within Canada and the U.S. We reserve the right, in our discretion, not to ship items ordered or purchased to certain addresses. We provide tracking information for each Order we ship.
Loblaw will use commercially reasonable efforts to deliver an Order as quickly as possible within the time period(s) indicated; however, Loblaw will not be responsible for any delays in delivery which are beyond its control.
The Partner is responsible for ensuring that any delivery information, including email delivery addresses, are correct and accurate. Loblaw is not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information.
Lost, Stolen or Damaged Cards
Under no circumstances and in no event will Loblaw replace any lost, damaged or stolen Gift Cards. The risk of loss and title for Gift Cards passes to the Partner upon our electronic transmission of the electronic Gift Card to the User or once the Order has been shipped and placed with a mail delivery carrier. Loblaw is not responsible for lost, damaged or stolen Gift Cards.
Card Usage Restrictions
Gift Cards may be used for the following purposes only: business gifts, incentives, promotions approved by Loblaw in advance or fund-raising. Gift Cards shall not be used by a Partner for its own use. Gift Cards may not, without the prior written consent of Loblaw, be used in connection with any other promotional, advertising or marketing activities including without limitation, website and Internet advertisements, e-mail promotions, radio and television offers, telemarketing, direct mail solicitations, newspaper and magazine advertisements, and sweepstakes offers, or otherwise. In addition, Gift Cards may not be returned once purchased, and are not refundable or exchangeable for cash (except where required by law).
President’s Choice® Gift Cards are redeemable for products and services at participating Loblaw banner stores. Shoppers Drug Mart® and Pharmaprix® Gift Cards are redeemable at participating Shoppers Drug Mart and Pharmaprix stores. Gift Cards cannot be used for products and services from in-store third-party businesses, or where otherwise prohibited by law. Gift Cards cannot be redeemed on any Loblaw and Shoppers Drug Mart websites including, without limitation, the PC Express, Joe Fresh and PC Insiders websites. Gift Cards purchased and obtained through the Bulk Program cannot be used to purchase gift cards at any Loblaw or Shoppers Drug Mart stores.
The Partner agrees that Gift Cards may not be used for any illegal transaction or illegal purpose. Gift Cards are subject to the Gift Card Terms and Conditions found at www.giftofchoice.ca and shall only be used in accordance with these Bulk Program Terms and Conditions.
Intellectual Property and Affiliation
Use of any Loblaw trade names, trademarks, trade dress, logos, designs, copyrighted material or any other intellectual property in connection with the purchase, re-sale or use of Gift Cards is strictly prohibited. Furthermore, the use of the Gift Cards or any promotion of Gift Cards by a Partner in any manner that states or implies that any person (including without limitation the Partner), website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Loblaw is strictly prohibited.
Limitation of Liability and Indemnification
Loblaw is not responsible or liable to a Partner or any third party, whether in contract, tort, equity or otherwise, for any claims, costs, damages or expenses arising out of: (i) any negligent act or omission, willful misconduct or fraud of a User or the Partner, its officers, directors, employees, agents, subcontractors or representatives; (ii) any breach or default (including without limitation breach of a representation or warranty hereunder) by the Partner, its officers, directors, employees, agents, subcontractors or representatives of the obligations under these Bulk Program Terms and Conditions; (iii) Loblaw’s failure to carry out its obligations if the failure is caused by a third party, a system or data processing failure or any other act or omission outside of Loblaw’s control; and (iv) any loss of profits or incidental, indirect, consequential, punitive or special damages regardless of how they arise.
LOBLAW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS OR THE BULK PROGRAM, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. if there is any issue with or related to a gift card (including WITHOUT LIMITATION IF A GIFT CARD CODE IS NON-FUNCTIONAL), PARTNER’S SOLE REMEDY, AND LOBLAW’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
The Partner and its officers, directors, employees, agents, subcontractors or representatives shall indemnify and hold harmless Loblaw and its officers, directors, employees, agents, subcontractors or representatives from and against any and all third party charges, claims, losses, demands, damages, liabilities, costs, expenses, causes of action or suits (collectively, “Losses”) incurred or suffered by Loblaw or its officers, directors, employees, agents, subcontractors or representatives to the extent resulting from: (a) any negligent act or omission, willful misconduct or fraud of a User or the Partner, its officers, directors, employees, agents, subcontractors or representatives; and (b) any breach or default (including without limitation breach of a representation or warranty hereunder) by the Partner, its officers, directors, employees, agents, subcontractors or representatives of the obligations under the Bulk Program Terms and Conditions.
Compliance with Laws
By purchasing the Gift Cards, the Partner warrants, certifies and represents to Loblaw that it will be bound by, and that the activities in connection with which the Gift Cards will be used will comply with, the Bulk Program Terms and Conditions as well as all applicable Laws, including without limitation CASL and applicable privacy legislation and regulation, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.
Nothing herein shall be construed to grant any Partner the exclusive right to distribute or sell Gift Cards to any User, any third party or otherwise. Loblaw reserves the right and remains free to sell or distribute Gift Cards to any and all Users and other third parties including, without limitation, third parties and Users who previously sourced or purchased, currently source or purchase, or plan to source or purchase Gift Cards from a Partner.
The Partner acknowledges and agrees that a violation of any of the Bulk Program Terms and Conditions will cause irreparable harm, loss and damage to Loblaw, and as such, agrees that, in the event of any such violation, Loblaw shall be entitled to obtain all legal and equitable remedies, including but not limited to specific performance, and injunctive relief, in any court of competent jurisdiction, to prevent or otherwise restrain a breach of the Bulk Program Terms and Conditions.
A waiver of any provision by either of the parties to the Bulk Program Terms and Conditions shall be valid only in the instance for which it is given, and shall not be deemed continuing; further, any such waiver shall not be construed as a waiver of any other provision of the Bulk Program Terms and Conditions.
The Bulk Program Terms and Conditions will be governed by the domestic laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of laws. The parties hereto hereby attorn to the jurisdiction of the courts of the Province of Ontario.
The Bulk Program Terms and Conditions constitute the entire agreement between the parties with reference to the subject matter hereof, and supersedes all prior negotiations, understandings, representations and agreements, if any. Loblaw reserves the right to amend or modify the Bulk Program Terms and Conditions at any time without notice.
Right to Terminate
In the event that Loblaw suspects that the Partner is using or re-selling the Gift Cards in any manner contrary to the Bulk Program Terms and Conditions, Loblaw reserves the right to reject or revoke, in its sole discretion, such Partner’s participation in the Bulk Program. If Partner does not comply with or breaches the Bulk Program Terms and Conditions, Loblaw may, in its sole discretion, require Partner to refund any Gift Cards (including the discount granted on the purchase of such Gift Card) that have been used in any manner contrary to the Bulk Program Terms and Conditions.
Right to Cancel or Modify Bulk Program
Loblaw reserves the right to cancel or modify the Bulk Program at any time and without notice.