INTRODUCTION

We are a member of the Philip Morris International group of companies (referred to as "we", "us" or “PMI”). We have identified ourselves to an affiliate (“You” or “Your”), and given our contact details, on www.iqos.com ("Website") in connection with which You have been guided here.

We would like to use your content (such as words, photos/videos, recordings) that you share to us (Your “UGC”). UGC is any content that has been created and published by unpaid contributors. In PMI, we have 2 sources of UGC: Social media (Instagram, Twitter) and IQOS stories or Community tab. By sharing your UGC, (1) You acknowledge that you have read, understood and agree to the PMI consumer privacy notice; (2) You agree to our using your UGC as set out in this document, and to the other matters addressed in this document (the “Terms”) on which You are letting us use Your content UGC set out in this document; (3) You confirm that you are a legal age user at least 21 years old who wish to continue to use tobacco products or other nicotine containing products (if You do not appear in UGC) or at least 25 years old (if You appear recognizably in UGC, i.e. for example, images, photos or videos featuring You in the UGC).

These are important provisions: You should read them before submitting any UGC as they are binding on You.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT THE UGC.

UGC should comply with our criteria.

·       UGC must be original work of the creator.

·       UGC should follow submission format (i.e image upload and name). Submitted content should not have captions/verbatims on the submitted image or submission fields.

·       UGC should not have any content featuring minors or particularly appealing to minors. UGC shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.

·       By way of example: UGC must not:

o   contain images of models who are, or appear to be, under the age of 25

o   contain images of youth-oriented celebrities

o   contain characters from children’s TV, cartoons, films, other online video or audio programs, books or nursery rhymes

o   contain brands, toys or other content or merchandise which are primarily for minors (below 21 years old) or primarily used by minors (below 21 years old)

·       UGC must respect the valid intellectual property rights of third parties. UGC should not have plagiarized information from another source.

·       UGC must not have inappropriate content (e.g. obscene, profane, lewd, crude, vulgar images or language).

·       UGC should respect privacy of other people and thus should not contain names, photographs, voices or other likeness of other persons (other than the creator) unless the creator has obtained permission of such third party to be portrayed in the UGC.

·       UGC should not contain names, photographs, voices or other likeness of celebrities, either living or dead; UGC shall not feature a celebrity or contain an endorsement, implied or express, by a celebrity.

·       UGC should not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public; or UGC should not show or contain visuals of persons being in possession or control of a lit tobacco product or a powered electronic nicotine devices/electronic non-nicotine devices or heated tobacco product, regardless of whether the emission in the form of smoke, vapor or aerosol is being actively inhaled or exhaled.

·       UGC should not contain disparaging comments or implications about our competitors or their products.

·        UGC should not contain third party confidential or non-public information.

·       UGC should not contain defamatory statements.

·       UGC should comply with applicable laws on tobacco advertising and promotions.

You are responsible for the UGC you submit on the Website and we reserve the right to remove any UGC that contains:

-             Offensive or violent language

-             Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation, or political beliefs

-             Links or comments containing sexually explicit content material

-             Violations of copyright or intellectual property rights

-             Violations of data privacy laws/regulations

-             Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices

-             Attacks on specific groups or any comments meant to harass, threaten, or abuse an individual

-             Commercial solicitations or the promotion of a competitor (a competitor is defined as a brand or company that offers tobacco products, nicotine-containing products, heated tobacco products or any product that aims to replace or be an alternative to IQOS).

-             Content featuring minors or particularly appealing to minors

-             Violations of any tobacco advertising and/or promotion laws/regulations and other applicable laws

We also reserve the right to remove UGC as described above and other content which we consider inappropriate at our own discretion.

LICENSE TO USE USER GENERATED CONTENT

    1.    This permission to use Your content is an agreement between You and PMI, its affiliates and third party service providers if any.

    2.    You confirm that:

    a.           You are current user of IQOS and at least 21 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);

    b.           the UGC is Your original work and does not violate any intellectual property, personality, data privacy or other rights which belong to a third party;

    c.           Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;

    d.          You allow PMI or its affiliates to send status updates on your submissions via Email/SMS/Viber 

    e.           any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.

    e.           You have no existing affiliation with PMI or its affiliates, such as employments or engagement in providing services.

    f.    You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates and its service providers, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.

    4.    You grant PMI and its affiliates and its service providers the rights to reproduce, modify, translate, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.

    5.    You allow PMI and its affiliates and its service providers to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://www.pmi.com/legal/legal-documents, and that you have notified any other people included in the UGC of these terms.

    6.    In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.

    7.    You agree that Your License is voluntary and You are free to enter into it with PMI.

    8.    You can opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have previously granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out.  Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.

    9.    You can contact ugc-claims@pmi.com (email id) for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or Privacy.PH@pmi.com if your privacy or personality rights have been infringed.

    10.   You can enter into Your License by posting #okiqosterms in response to our request from account @iqos on Instagram or account @iqos on Twitter, or by submitting, or sending us UGC on our Website (IQOS.com/ph); and

    11.   Your License will be governed by the laws of the Philippines and subject to the jurisdiction of the relevant courts of the Philippines.

TERMS AND CONDITIONS (IQOS REWARDING MOMENTS)

I.    GENERAL

 

1. The PMFTC’S IQOS Rewarding Moments (“Program”) is only open to registered IQOS Users on IQOS.COM who are 21 years old and above (“Participant”).

2. The Program refers to the submission, selection and approval of IQOS Experience stories to be featured in the IQOS Stories Page found in IQOS.COM. IQOS.COM is owned by Philip Morris International and its affiliate in the Philippines, PMFTC Inc. ("PMFTC"). The online store of IQOS.COM, IQOS Official Stores and IQOS Coaches are operated by ActivAsia Inc. (or "AAI"), and all orders are fulfilled by AAI, as an authorized distributor of PMFTC products sold in IQOS.COM, IQOS Official Stores and through IQOS Coaches. This Program is being carried out by PMFTC in cooperation with AAI as an authorized distributor of PMFTC.

3. The Program duration runs from August 1, 2021 to August 31, 2021. PMFTC/AAI has the sole discretion to shorten or extend the Program period if circumstances warrant.

4. PMFTC/AAI reserves the right to modify, change, or revise the rules and mechanics of the Program.

5. Customers using multiple IQOS.COM accounts to participate in the Program will be disqualified. PMFTC/AAI reserves the right to disqualify any Customer if there is any evidence of fraud or irregularities in his/her participation in the Program.

6. PMFTC/AAI reserves the right to hold, suspend or block a Customer’s IQOS.COM account due to suspicious, fraudulent, or illegal activity.

7. PMFTC/AAI reserves the right to cancel, amend, or revoke these terms and conditions without notice in the event of fraudulent activity, cheating, a security breach or any anticipated breach of any applicable law or regulation, an event or disturbance outside of PMFTC’s control such as acts of God, civil or military events, catastrophes, technical issues/connectivity, pandemic or war. Any changes to the Program will be announced accordingly.

8. Important information: This product is not risk free and is addictive. Only for use by adults 21 years old and above. Please visit IQOS.COM to find out more about Philip Morris International’s Good Conversion Practices.

 

II.    MECHANICS

 

1. For each selected and approved submission to IQOS Stories (“Content”), the registered IQOS User will receive a Php 500 IQOS Voucher (“Voucher”) plus one (1) free pack of HEETSTM upon use of voucher. The free HEETSTM pack variant is subject to the Customer’s choice and availability.

2. To submit your Content:

    a. Participant must visit the IQOS Stories page found in IQOS.COM;

    b. Click on the “Submit your story” link (note: Participants are required to sign-in on their registered IQOS.COM account before submitting Content);

    c. Participants will be redirected to the submission form;

    d. Participants must input their name and email address, upload their image, and agree to terms and conditions; and

    e. Submitted Content will be processed for review and approval.

3. Submitted Content will go through an approval process based on its compliance with the submission guidelines found on the submission form (https://www.IQOS.COM/ph/en/iqos-stories.html). Please read and follow the guidelines before submitting your Content.

4. Participants may submit multiple Content but may only receive one (1) Voucher for their first approved Content. Vouchers are capped at one (1) per Participant per month.

5. Submitted Content will be reviewed weekly (cutoff every Friday), to ensure compliance with the submission guidelines. Participants may expect to receive an approved/disapproved email within fifteen (15) working days from submission date. PMFTC/AAI have the sole discretion to shorten or extend the approval process if circumstances warrant.

6. Participants with approved Content will receive an email containing their IQOS Voucher code and a link where they will be redirected to the Program landing page.

7. Participants with disapproved submissions may submit another Content for review and approval. It is encouraged that Participants go through the submission guidelines thoroughly to increase chances of approval.

8. The Program is only applicable to submissions in the IQOS Stories page for the duration of the Program (full month of August 2021), and only submitted Content during this month will be qualified for this Program.

9. The vouchers issued under this Program are redeemable up to December 31, 2021. 

 

 

Php 500 IQOS Voucher

1. Customers can use the Php 500 IQOS Voucher in any of the following points-of-sale

    a. Official IQOS Stores

    b. IQOS.COM (Online Store)

2. For IQOS.COM transactions, Customers must input the Php 500 IQOS Voucher in the promo section of the check-out page on IQOS.COM.

3. For IQOS Official Stores, Customer must provide the Php 500 IQOS Voucher to IQOS Sales Experts or IQOS Coaches for use upon check-out.

4. The Php 500 IQOS Voucher cannot be combined with other special offers, promotions or vouchers.

5. To use the Php 500 IQOS Voucher, the Customer will be subject to age verification process wherein he/she will be requested to submit a valid Government Issued ID before items can be purchased and/or delivered to the Customer. The following valid Government Issued IDs as proof of age:  Passport, Alien Certificate of Registration, Driver's License, Firearms License, NBI Clearance Card, Philhealth ID, Postal ID, PRC ID, SSS ID, TIN ID, Unified Multi-Purpose ID or Voter's ID.

6. The IQOS.COM website may be subject to possible technical and system issues. A proper notice shall be provided to the Customers if such is the case.

7. For orders using the Php 500 IQOS Voucher that may lead to failed transactions (e.g. order cancellation, failed payment, failed delivery, etc.), Customers may request for a one-time replacement voucher (Php 500 IQOS Voucher or Php 500 IQOS Device Voucher)  from IQOS Customer Care, subject to a review of the failed transaction (e.g. accidental order cancellation, unavailability of the Customer during delivery, etc.)

 

If still eligible, IQOS Customer Care will send the Voucher replacement code to the Customer’s nominated email address as reflected in IQOS.COM.  It is the responsibility of the Customer to update his/her personal details in his/her IQOS.COM account to ensure timely receipt of the replacement code.  PMFTC shall not be liable for any failure of a Customer to redeem or use the Voucher and will not refund the Voucher due to non-receipt by the Customer of the Voucher replacement code, if sent to his/her registered email address.

 

 

 

III.    OTHERS

 

1. All decisions of PMFTC and/or AAI and its agents in all matters relating to the interpretation and implementation of this mechanics are final, and no objections and/or appeals thereon will be entertained.

2. Participants in the Program agree and confirm the following:

    a. that you are a legal-age smoker or user of nicotine-containing products, at least 21 years old or above as of August 1, 2021;

    b. that you have read and understood the terms and conditions detailed herein;

    c. that you agree to follow the applicable mechanics of the Program;

    d. that you agree to assume all such risks, foreseeable or otherwise, and hereby release and discharge PMFTC and/or AAI, its affiliates and all other persons and entities connected with the Program from any liability for, or any claims that may arise in respect of, any and all property losses and/or injuries whatsoever that you may sustain, no matter how any such property losses and/or injuries are caused.

3. If you have any questions regarding your IQOS.COM order, please contact IQOS Sales Team.  For anything else related to IQOS, feel free to contact IQOS Customer Care at Facebook.com/ph.iqos, contact.ph@iqos.com or at #983838.

4. Devices bought by Customers using IQOS Store e-vouchers, special offers or through promotional activities are non-refundable.

5. PMFTC will not be liable to the Customer for any taxes, costs, liabilities or expenses that may arise from this Program.

LICENSE TO USE USER GENERATED CONTENT

    1.    This permission to use Your content is an agreement between You and PMI, its affiliates and third party service providers if any.

    2.    You confirm that:

    a.           You are current user of IQOS and at least 21 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);

    b.           the UGC is Your original work and does not violate any intellectual property, personality, data privacy or other rights which belong to a third party;

    c.           Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;

    d.           any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.

    e.           You have no existing affiliation with PMI or its affiliates, such as employments or engagement in providing services.

    3.    You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates and its service providers, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.

    4.    You grant PMI and its affiliates and its service providers the rights to reproduce, modify, translate, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.

    5.    You allow PMI and its affiliates and its service providers to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://www.pmi.com/legal/legal-documents, and that you have notified any other people included in the UGC of these terms.

    6.    In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.

    7.    You agree that Your License is voluntary and You are free to enter into it with PMI.

    8.    You can opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have previously granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out.  Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.

    9.    You can contact ugc-claims@pmi.com (email id) for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or Privacy.PH@pmi.com if your privacy or personality rights have been infringed.

    10.   You can enter into Your License by posting #okiqosterms in response to our request from account @iqos on Instagram or account @iqos on Twitter, or by submitting, or sending us UGC on our Website (IQOS.com/ph); and

    11.   Your License will be governed by the laws of the Philippines and subject to the jurisdiction of the relevant courts of the Philippines.

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