Introduction
These Terms and Conditions govern the participation of any person in the IQOS&Friends initiative, conducted by Philip Morris Albania shpk, or any of its affiliates. You have been guided here in connection with your intention to participate in the IQOS&Friends initiative. This requires you submit your request to participate by redeeming an IQOS Club benefit dedicated to this campaign, participate in an interview subject to invitation, and if you are successful participate in shooting the next IQOS&Friends brand campaign and other related campaigns and experiences (“IQOS Campaign”). The IQOS Campaign shall be provided by a member of the Philip Morris International group of companies.
Who are we?
We (also referred to as “us”) are Philip Morris Albania shpk with offices at Rruga Murat Toptani, No.1, Eurocol building, 10 floor, Tirana, Albania, Philip Morris Products S.A. with offices at Avenue de Rhodanie 50, 1007 Lausanne, Switzerland, and its Affiliates and all members of the Philip Morris International group of companies.
Our key principles are: (i) the best decision any smoker can make is to quit tobacco and nicotine use altogether; (ii) minors should not use tobacco or nicotine in any form; (iii) IQOS is for adults who would otherwise continue to smoke or use other nicotine products; (iv) we do not offer IQOS to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products; (v) IQOS is not alternative to quitting and is not designed as cessation aid; (vi) IQOS is not risk free and provides nicotine, which is addictive; (vii) switching to IQOS is, however, a better choice than continuing to smoke cigarettes.
Who are you?
You (also referred to as “your”) are a person who is: (i) aged 25 or over, (ii) a consumer of IQOS 2.4+, IQOS 3, IQOS 3 MULTI, IQOS 3 DUO, (“IQOS products”); (iii) a member of IQOS Club, (iv) willing to share their IQOS experience and participate in the IQOS Campaign, and (v) does not have any existing affiliation with us, such as employment or engagement in providing services.
What is IQOS Campaign?
The purpose of the IQOS Campaign is to share the IQOS experience (“IQOS moment”) of adult IQOS users with other adults who would otherwise continue to smoke or use other nicotine containing products. The IQOS Campaign will be shared through various communication channels worldwide, including but not limited to: IQOS website, IQOS social media accounts, emails from IQOS, IQOS banners on third party websites, in IQOS stores and other points of sale, product packaging and through various print and digital forms.
The IQOS Campaign shall comprise the following stages:
Stage 1 - Submission of Application
You are invited to submit your request to participate by redeeming an IQOS Club benefit dedicated to this campaign. You will receive 100 points in IQOS Club, for redeeming the benefit. All applications shall be reviewed by us and we will choose the applicants who will proceed to the next stage of the IQOS Campaign. If we choose you, we will communicate with you directly to confirm the next step of the IQOS Campaign. We reserve the right to use the information you provide in your application, particularly your experience as an IQOS user in the IQOS Campaign.
Stage 2 – Interview
If your application is chosen by us, you will be invited to a 30 minutes online interview with us. You will receive a personalized gift box for participating in the interview. Following the interviews, we will choose the participants who will proceed to the next stage of the IQOS Campaign. We reserve the right to use the information provided in your statements given during the interview in the IQOS Campaign.
Stage 3 – Photo and Video Shooting
Following the interview stage, if you are chosen, we may invite you to shoot material for the IQOS Campaign. All the material created and produced during the shoot, including any material you participate in, shall be used by us for the IQOS Campaign. You will receive exclusive invitations and tickets for IQOS events, for participating in the shoot and for the materials produced during the shoot which will be used by us in the IQOS Campaign.
You confirm that any opinions in relation to IQOS expressed by you during the shoot represent your own opinions and that you have not been influenced in any way by another person or third party.
You are not allowed to use or publish any material created or produced during your participation in the IQOS Campaign on your social media accounts or any other digital platform.
Any User Generated Content (UGC) shared by you with us during the IQOS Campaign shall be treated in accordance with the license to use UGC License Agreement for User Generated Content
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE IQOS CAMPAIGN
What do we expect from you?
Ownership of Rights
You agree that we shall own all rights, title, and interest in all materials created and produced with your participation during the above-described stages of the IQOS Campaign (collectively “the Materials”). We shall be the sole and exclusive owner of the Materials, in all countries, from the time of the Material’s creation, so far as is legally possible.
You hereby agree that all worldwide right, title and interest in and to all Intellectual Property Rights in and to all Materials, shall be free and clear of any liens, claims or other encumbrances, and to the fullest extent permitted by law shall be irrevocably assigned to us. If a transfer of certain Intellectual Property Rights with regard to the Materials is not permissible by the governing law, you hereby grant us (and our designees’) all exclusive rights of use and exploitation in such Intellectual Property Rights unlimited as to time, territory and exploitation method.
You grant us the rights to reproduce, modify, translate, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the Materials, in whole or in part in any way we desire, for the commercial purposes, in any anticipated media for publication worldwide.
You agree to allow us to use the name, nickname, quotes, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs, country of residence, year you switched to IQOS products from cigarettes and biographical information provided by you included in the Materials in accordance with our privacy notice available at PMI CONSUMER PRIVACY NOTICE.
You agree that you provide us with Intellectual Property Rights arising from the creation and production of the Materials, and other rights voluntary, and you are free and able to enter into this agreement with us.
You can contact contact.al@iqos.com for any queries or clarifications regarding your agreement to these Terms & Conditions, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.
For the purposes of these Terms & Conditions, “Intellectual Property Rights” means copyright, moral rights, database rights, trademarks, service marks, trade names, designs, patents, and rights in internet addresses and domain names, whether registered or unregistered, as may now or in the future subsist and all goodwill associated with them anywhere in the world.
Liabilities
You hereby agree to indemnify us, and our officers and staff, for any loss or liability incurred by them arising as a result of your breach of these Terms and Conditions, negligence or wrongful act or omission.
You hereby waive and forever discharge, for yourself and your legal representatives, any and all rights and/or claims which you have, may have, or which may hereafter accrue to you against us and our contractors, for any and all losses, damages, injuries and/or claims which may be sustained by you directly or indirectly arising out of your participation in the IQOS Campaign, no matter how any such losses, damages, injuries and/or claims are caused even if they are caused by the fault of us or our contractors.
You hereby agree and acknowledge that we have no responsibility or liability to you arising from the cancellation, postponement or change of format of IQOS Campaign and that we cannot guarantee that the IQOS Campaign proceeds as described. You further agree that we have no responsibility or liability to you in relation to other participants of the IQOS Campaign.
You acknowledge and understand that your participation in the IQOS Campaign is at your own risk and you agree voluntarily to participate in the IQOS Campaign and fully accept and assume full liability for every such risk, including for any and all risks of loss, damage and/or injury, whether caused by us or our contractors in connection with the IQOS Campaign or by another cause, as well as all and every responsibility, both in civil and criminal judgment.
General provisions
These Terms & Conditions are governed by the laws of Albania and will be subject to the jurisdiction of courts in Tirana, Albania.
We may amend these Terms & Conditions from time to time. If we do, we will notify you of such changes. If you then continue your participation in the IQOS Campaign, it will mean you accept the updated Terms & Conditions. The date at the top of this page shows when these Terms & Conditions were last updated.
You can opt-out from your agreement to these Terms & Conditions at any time by contacting contact.al@iqos.com [insert email] or by other means following instructions set in our communication to you, but even after such an opt-out your agreement will remain valid and enforceable with respect to any Materials you have granted us 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.
By participating in the first stage of IQOS Campaign, precisely by submitting the application:
- you confirm that you are aged 25 and over,
- you confirm that you are a user of IQOS products, and
- you agree and accept these Terms & Conditions.
