General
Subject to and upon these terms and conditions (the “Terms and Conditions”), the Cogir Senior Living Referral Program (the “Program”) is made available from December 1, 2023 to December 31, 2024 (the “Term”) to Canadian residents (excluding Quebec) with a bank account at a financial institution located in Canada (“Referrer”) who successfully refer an individual (“Referee”) to an Eligible Residence (as defined below) managed by Cogir Senior Living, its affiliates and/or subsidiaries (collectively, “Cogir”) using the Cogir referral program form (available to Cogir employees on the company intranet referred to as the “Referral Form”).
1. Before submitting any personal information about a Referee, the Referrer must ensure that he/she has the Referee’s express consent to provide said information to Cogir for the purpose of administering the Program.
A Referrer may only provide information in relation to a Referee who has consented to the Referrer providing that information to Cogir for the purpose of this Program. Further, a Referrer may only provide information in relation to a Referee: (i) with whom the Referrer has an existing business relationship, arising from (a) the purchase of a product, good, service or land by the Referee within the last two-years, (b) the Referee accepting a business, investment or gaming opportunity within the last two-years, (c) a written contract entered with the Referee that is in existence or expired within the last two-years, or (d) an inquiry or application made by the Referee in respect of (a) or (b) within the last six-months; (ii) with whom the Referrer has had direct voluntary two way communications, and with whom it is reasonable to conclude he/she has a personal relationship considering shared interests, experiences, opinions and other relevant factors; or (iii) to whom the Referrer is related by marriage, a common-law partnership, or parent-child relationship, and with whom he/she has had direct voluntary two way communications.
In addition to the Program Eligibility requirements set out in section 2 below, to be eligible a Referrer must also have an existing business relationship as set out in (i) above with Cogir.
A Referrer cannot refer the same Referee more than once. Each Referee that is referred will be sent an email containing information about the Program. This email will indicate that it has been sent on the Referrer’s behalf and will identify the Referrer.
Program Eligibility
2. A cash referral bonus, in the amount of CAD $2,000.00 (“Bonus”) will be paid to the Referrer, provided all of the requirements listed in sections 2 (i), (ii), and (iii) below are satisfied.
(i) the Referrer must:
a. Fully complete and submit the Referral Form to refer the Referee for an Eligible Residence during the Term;
b. Be a Canadian resident (other than a resident of Quebec);
c. Have a valid email address;
d. Have a deposit account at a financial institution located in Canada; and
e. Disclose to the Referee that it may receive compensation in connection with this Program and making the referral.
(ii) The Referrer must not:
a. Be an employee or representative of a third-party referral services provider;
b. Be an Executive Director or Sales Consultant at any retirement residence managed by Cogir;
c. Be employed at Cogir’s support offices above the level of a manager; and/or
d. Be the same person as the Referee.
(iii) The Referee must:
a. Be referred by the Referrer through the Referral Form during the Term for an Eligible Residence;
b. Be eligible for retirement living at a Cogir retirement residence (i.e., primarily 65 years of age or older and eligible based on satisfaction of Cogir’s required health and/or care assessmentand/or the applicable provincial health authority’s required health and/or care assessment);
c. Be a Canadian resident;
d. Enter into an Eligible Residence’s standard form of Residency Agreement for residency at an Eligible Residence during the Term;
e. Take possession of the applicable rental suite during the Term (regardless of whether the he/she takes physical occupancy of the suite during the Term);
f. Reside in the applicable rental suite for at least 90 days from the date he/she takes possession of the suite (the “Minimum Rental Period”);
g. Must not be an existing or previous resident of Cogir or Revera; and
h. Must not be the same person as the Referrer.
Bonus Payment
3. Provided all of the Program requirements listed in section 2(i), (ii), and (iii) above are satisfied, the Bonus will be paid to the Referrer i) in the case of employees and third parties already set up for direct deposit, to the Referrer’s direct deposit bank account, and ii) in the case of residents and third parties not already set up for direct deposit, via cheque. Payment of the Bonus will be made within 30 days from the date the Executive Director of the Eligible Residence at which the Referee is residing submits the Referral Program Payment Requisition to Cogir’s finance department. Referrers who are residents of Eligible Residences may also elect to have the Bonus applied as a credit to their accounts on the same terms and conditions.
4. Cogir is not responsible for paying any Bonus to the Referrer if incomplete, false, misleading inaccurate or outdated contact, Referee and/or banking information is provided by the Referrer in the Referral Form.
Program Conditions
5. There is a limit of one (1) Bonus per valid referral, regardless of the number of Referral Forms submitted.
6. A Referee cannot be referred more than once (if a Referee is referred more than once, only the first eligible Referral Form in which he/she is referred and the corresponding Referrer will be eligible for the Program).
7. Unless otherwise stated, this Program cannot be combined with any other Cogir offer, incentive or rebate which may otherwise be available to the Referrer or the Referee.
8. The Program applies to Cogir Retirement Residences (each, an “Eligible Residence”), other than: (i) licensed Designated Supportive Living suites at Cogir Retirement Residences in Alberta; (ii) licensed Residential Care suites at Cogir Retirement Residences in British Columbia; (iii) Cogir Retirement Residences in Quebec or the United States.
Termination
9. Cogir reserves the right, in its sole discretion, to suspend, disqualify, limit or revoke the Program for any person it finds or believes to be manipulating or otherwise abusing the process, fairness, or integrity of the Program without prior notice or obligation.
10. Cogir reserves the right, in its sole discretion, to cancel, terminate, amend or suspend this Program, or to amend these Terms and Conditions in any way without prior notice or obligation, for any reason whatsoever.
Privacy
11. By participating in the Program, each Referrer and Referee hereby expressly consents to Cogir, its agents and/or representatives, collecting, storing, using and sharing the personal information and/or financial information submitted while participating in this Program for the purpose of administering the Program and Bonus fulfillment. For more information, please see Cogir’s Privacy Policy available at: https://cogirseniorliving.ca/privacy-policy. The information of a Referee will not be added to any direct marketing list or used in any direct marketing programs without his/her consent. This section does not limit any other consent(s) that an individual may provide Cogir or others in relation to the collection, use and/or disclosure of their personal information. Each Referrer and Referee may withdraw consent to use their personal information at any time.
Acceptance
12. By participating in the Program, each Referrer and Referee represents that he/she has read and understood these Terms and Conditions and agrees to be bound by them. If each of the Referrer and Referee do not wish to agree to and abide by these Terms and Conditions in their entirety, the Referrer and Referee are not authorized to participate in the Program.
Release
13. By participating in the Program, each of the Referrer and Referee release Cogir, its parent company, affiliates, subsidiaries, partners, directors, officers, employees, representatives, successors, assigns and agents (collectively, the “Released Parties”) from and against all liability for any claims, demands, losses, harm, damages, costs, or expenses, included without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program. The Released Parties will bear no liability whatsoever regarding: (i) the use of a Referral Form (or any component thereof); (ii) participation in any Program-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared a Bonus recipient, the Bonus (including any use or misuse of the Bonus). The Released Parties shall be held harmless by all Program participants in the event it is discovered that they have departed from or not otherwise fully complied with any of these Terms and Conditions. This release shall continue in force following the termination of the Program and/or receipt of any Bonus.
Indemnity
14. Each of the Referrer and Referee agree to indemnify, defend and hold harmless the Released Parties from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising out of or in any way connected to the Program (including, without limitation and as applicable, any acceptance, use or misuse of a Bonus).This indemnity shall continue in force following the termination of the Program and/or receipt of any Bonus
Entire Agreement
15. These Terms and Conditions constitute the entire agreement between each of the Referrer and Referee concerning the Program and shall take precedence over any other materials promoting or advertising the Program.
Governing Law
16. These Terms and Conditions and the Program shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
General
17. All decisions of Cogir with respect to any aspect of this Program, including without limitation the eligibility of Referrers and Referees, are final and binding on all participants in all matters as they relate to this Program.
18. The Released Parties are not responsible for late, misdirected, delayed or incomplete Referral Forms (all of which are void). A Referral Form may be rejected if (in the sole and absolute discretion of Cogir) it is not fully completed with all required information and submitted and received in accordance with these Terms and Conditions during the Term.
19. All Referrers, Referees, Referral Forms, Residency Agreements and any other content, materials or information in any way connected with this Program (collectively, “Program- Related Information”) are subject to verification at any time and for any reason. Cogir reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Cogir) for any reason Cogir deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with these Terms and Conditions. In the event of a dispute regarding who submitted a Referral Form and/or referral, Cogir reserves the right, in its sole and absolute discretion, to require the individual(s) claiming to have submitted the Referral Form and/or referral to provide proof (in a form acceptable to Cogir) that he/she is the individual who completed the corresponding Referral Form or referral in accordance with these Terms and Conditions. Failure to provide such proof to the complete satisfaction of Cogir within the timeline specified may result in disqualification from participating in the Program or receipt of a Bonus, in the sole and absolute discretion of Cogir.