Publication Viewing Component Terms and Conditions of Use

We will use information you send us as described in our consumer privacy notice that can be found by clicking: https://www.pmiprivacy.com/en/consumer (the ”Privacy Policy”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions of Use are a legal agreement between you ("you") and Rothmans, Benson & Hedges Inc. ("RBH", "we" or "us") and govern your use of the Canadian publication viewing component of www.iqos.com or any other online application where these Terms and Conditions are posted (collectively, the "Site") through the Site.

For greater certainty, the Canadian shopping component of the Site is governed by a separate set of terms and conditions, which are available at the Canadian store component of the Site or at the registration page to the Canadian shopping component of the Site.

In order to use the Site, you must accept these Terms and Conditions of Use without change. By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and all related policies and guidelines of this Site.

These Terms and Conditions of Use or any other policies or guidelines governing the Site will be posted on the Site and are subject to change by RBH at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions of Use regularly. If you do not agree to any changes to these Terms and Conditions of Use, please immediately discontinue your use of the Site.

REGISTRATION OBLIGATION

In order to use the Site, you must register with the Site, and in order to register with the Site you must be legal smoking age in your province of residence or older. If you choose to register with the Site, you agree to: (i) provide true, current and complete information about yourself in the manner provided for on the Site or otherwise as required by us; and (ii) maintain and promptly update the information about yourself to keep it true, current and complete in the manner provided for on the Site or otherwise as required by us. If RBH believes the information that you provide is not correct, current, or complete, RBH may, in its sole discretion, refuse you access to this Site, and terminate or suspend your access at any time.

There is no obligation or requirement that you purchase or agree to purchase any products in order to register with or to use this Site or the Content (as defined below).

RESTRICTIONS ON USE

You may use this Site for purposes expressly permitted by this Site, namely to register to become part of the RBH database so that you can receive ongoing information from RBH, including but not limited to product information, the Refer IQOS referral program, brand preference advertising and information and/or information regarding the regulation of tobacco products, and to submit and keep track of your referrals. You may not use this Site for any other purpose without RBH’s express prior written consent.

Further, you are only permitted to use the Site for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Site for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

take any action that imposes or may impose (to be determined in RBH’s sole discretion) an unreasonable or disproportionately large load on RBH’s infrastructure;

interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;

bypass any measures RBH may use to prevent or restrict access.

PROPRIETARY INFORMATION

(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, "Content") furnished by RBH. The Content is protected under copyright, trademark, and the laws of Canada and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of RBH and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute in any way, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of RBH.

(b) Permission is granted to you to download and make one printed copy of the Content for your own private use only, without alterations, so long as the following copyright notice is included: “Copyright © 2019, Rothmans, Benson & Hedges Inc. All rights reserved.” You do not acquire any ownership rights by downloading Content from the Site.

(c) trademarks and logos appearing in this Site are the property of RBH or the party that provided the trade marks and logos to RBH. RBH and any party that provided trademarks, and logos to RBH retain all rights with respect to their respective trademarks and logos appearing in this Site.

Nothing contained in this Site should be construed as granting any license or right to use any Content (including, for greater certainty, any trademark or logo) displayed on this Site except as expressly provided in these Terms and Conditions.

USER NAMES AND PASSWORDS

The Site may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.

All user accounts accessed by a login name and password remain the property of RBH, and may be cancelled or suspended at any time by RBH without any notice or liability to you or any other person.

You must immediately notify RBH of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

OUTBOUND LINKING

Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Site does not constitute an endorsement, recommendation or certification by RBH, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with RBH.

INBOUND LINKING

You may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of RBH. For the purposes of these Terms and Conditions of Use, “co branding” means to display a name, logo, designs, slogans or marks or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and RBH. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from RBH and at all times you will cooperate with RBH following RBH’s discovery of such activity.

Use of any of the Site's or RBH’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.

Use of any of the Site's or RBH’s names, logos, designs, slogans, or marks, or any other words or codes identifying the Site in any "metatag" or other information used by search engines or other information location tools to identify and select sites is strictly prohibited.

LIMITATIONS

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE AND THE CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RBH, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, AGENTS AND ADVISORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE "RBH RELEASED PARTIES") BE LIABLE TO YOU, AND YOU HEREBY AGREE TO RELEASE THE RBH RELEASED PARTIES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; OR (III) ANY FAILURE OF PERFORMANCE OF THE SITE AND THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE.

To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you only to such extent.

INDEMNITY

You will indemnify and hold each of the RBH Released Parties harmless from and against any claims, losses, judgements, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or the Content, or which relate to these Terms and Conditions of Use (including any breach by you thereof) or from information that you post to, submit or transmit through the Site.

DISCLAIMER OF WARRANTIES

(a) You understand that RBH cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. RBH does not assume any responsibility or risk for your use of the internet.

(b) YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. EVERYTHING ON THE SITE AND RELATED TO THE USE OF ITS FEATURES AND SERVICES, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. RBH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPICABLE LAW. RBH WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO, USE THIS SITE OR THE CONTENT FOR WHATEVER REASON.

(c) FOR GREATER CLARITY, RBH DOES NOT WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, VALID, TIMELY, SECURE, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RBH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. RBH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RBH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RBH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. RBH DOES NOT WARRANT THAT THE CONTENT, THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

PRIVACY POLICY

RBH will treat any personal information that you submit through this Site in accordance with its Privacy Policy. RBH’s Privacy Policy is available on the Site and it describes RBH’s privacy policies and practices in detail. The Privacy Policy may be amended from time to time by RBH. RBH advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by RBH in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms and Conditions of Use, you acknowledge and agree that certain information about you is subject to RBH’s Privacy Policy.

REFERRAL PROGRAM

The Referral Program is organized by RBH. If you know Legal Age Smokers who are interested in knowing more about IQOS, you can direct their inquiry to an IQOS representative. For each verified legal age smoker referred that ends up having a meeting with an IQOS representative and registers in IQOS database, you will be eligible to receive a payment of CAD 25 (twenty five Canadian Dollars) per successful meeting. You may be eligible for increased referral payments in certain circumstances as described below, however your eligibility to receive referral payments of more than $500 in any year is subject to compliance with certain conditions as set out below.

There is no obligation or requirement that you, or the legal age smoker whom you have referred, purchase or agree to purchase any products in order to make or complete a referral or for you to receive a referral payment under the Referral Program.

OFFICIAL RULES & REGULATIONS
THIS PROGRAM IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING RESIDENTS OF QUEBEC)
AND IS GOVERNED BY CANADIAN LAW

1. PROGRAM PERIOD:

The MGM Referral Boost Program (the “Program”) begins on begins on July 1st, 2024, at 12:00 am EST and ends on December 31st, 2024, at 11:59 pm EST (the “Program Period”).

2. ELIGIBILITY:

The Program is open to residents of Canada (excluding residents of Quebec) who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry – except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Rothmans, Benson & Hedges Inc. (the “Sponsor”), its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Program (collectively with the Sponsor, the “Program Parties”), (ii) have registered their first device in the IQOS database within the last thirty (30) days, and (iii) are IQOS users enrolled in the Sponsor’s Refer IQOS program (“Eligible Participant”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Program, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. HOW TO PARTICIPATE:

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF RECEIVING THE PAYMENT. If you know of legal age smokers (the “Referee”) who are interested in learning about IQOS, you can direct their inquiry to an IQOS representative. Within the first thirty (30) days of your registration, you will be eligible to receive a payment of $75 CAD (seventy-five Canadian Dollars) for the first verified Referee that completes education with an IQOS expert and registers in the IQOS database (“Successful Referral”).

To be considered a Successful Referral, the referral must be done in compliance with the Refer IQOS Program Terms and Conditions (the “Program Terms”) which are available at: https://ca.iqos.com/en/guest-terms-and-conditions). For certainty, an Eligible Participant can only refer a legal aged smoker who is truly interested in knowing more about IQOS. A referral will be considered a “Successful Referral” when a legal aged smoker that you refer speaks with the Sponsor’s representative and successfully completes registration in the Sponsor’s Refer IQOS Program, in accordance with the Program Terms, during the Program Period.

To be eligible to earn $75 CAD (seventy-five Canadian Dollars), you must complete one (1) Successful Referral, as defined below, during the first thirty (30) days of your registration to the IQOS database, which for e-commerce orders, occurs at shipment. The first Successful Referral by an Eligible Participant during the Program Period will earn the Eligible Participant $75 CAD (seventy-five Canadian Dollars), and the Referee $25 CAD (twenty-five Canadian Dollars). After the first Successful Referral, the Eligible Participant is eligible to receive $25 CAD (twenty-five Canadian Dollars) for each additional Successful Referral. Payments are limited to $500 CAD (five-hundred Canadian Dollars) per fiscal year unless the Sponsor is provided with and can validate certain information that will be requested from the Eligible Participant once this threshold is reached.

Without limiting any of the foregoing, you may only refer persons who: (i) are of legal smoking age, (ii) agree and consent to receive commercial and electronic messaging from the Sponsor, and (iii) you have a personal, family, or commercial relationship with. Individuals with whom you have a family relationship means individuals with whom you are related through a marriage, common-law partnership or any legal parent-child relationship and have had direct, voluntary, two-way communication. Individuals with whom you have a personal relationship means individuals with whom you have had direct, voluntary, two-way communications and with whom you have a personal relationship, taking into consideration relevant factors such as the sharing of interests, experiences, opinions and information, the frequency of communication, the length of time since you communicated or whether you have met in person. Individuals with whom you have a commercial relationship means a relationship that is based on a recent previous commercial transaction between you and the individual.

As a participant of any referral program organized by the Sponsor, you are not allowed to share your unique referral link on public forums with individuals who you not have a personal relationship with. A unique link should only be shared securely directly and only with a legal age smoker who you have a personal, family or commercial relationship with and who has expressed interest in learning more about the Sponsor’s products.

5. PAYMENT PROCESS

The payment will be sent to an Eligible Participant in two installments, with an initial payment of $25 CAD (twenty-five Canadian Dollars), and a second payment of $50 CAD (fifty Canadian Dollars). Both installments will be sent via e-transfer. Your Referee will be eligible to receive $25 CAD (twenty-Five Canadian Dollars) after they complete education with an IQOS expert and register in the IQOS database.

6. REFERRAL LIMIT:

The first Successful Referral during the Program Period will grant the Eligible Participant $75 CAD (seventy-five Canadian Dollars). Each Eligible Participant can only be eligible to receive $75 CAD (seventy-five Canadian Dollars) one (1) time. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) redeem the Program more than one (1) time during the Program Period; and/or (ii) use multiple names, multiple identities and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Program; then the entrant may be disqualified from the Program in the sole and absolute discretion of the Sponsor. The Program Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete referrals (all of which are void).

7. VERIFICATION:

All Eligible Participants and Successful Referents are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any referral and/or other information entered (or purportedly entered) for the purposes of this Program; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Program Period will be the official time-keeping device(s) used by the Sponsor.

8. LIMITATIONS ON REFERRAL PROGRAM

The Sponsor reserves the right to limit referral submissions and or to adjust the amount of money granted per referral.

9. GOOD FAITH

The program is for the purposes of referring legal age smokers who are truly interested in knowing more about IQOS. If it is discovered that you are attempting to abuse the program’s intention and purpose, that you are using fake names and/or identities or that you are referring people not interested in IQOS, the Sponsor may, in its sole discretion, decide that a payment is not applicable for that specific case, or even disqualify you from the program.

10. S.I.N. COLLECTION

For the first (1) Successful Referral made in accordance with these Rules and Regulations, you will be eligible to receive a payment of $75 CAD (seventy-five Canadian Dollars). For any additional Successful Referrals made in accordance with these Rules and Regulations, you will be eligible to receive a payment of $25 CAD (twenty-five Canadian Dollars) per referral. Payments are limited to $500 CAD (five-hundred Canadian Dollars) per fiscal year unless the Sponsor is provided with and can validate certain information that will be requested from you once this threshold is reached. This information will include your Social Insurance Number and other relevant information for the Sponsor to comply with applicable law. Once this threshold is reached, you can continue to submit referrals, however the Sponsor will not issue any further referral payments above the $500 CAD (five-hundred Canadian Dollars) threshold until it receives, within the required time frame, the required information and is able to validate all required information to comply with applicable law.

To obtain this information, the Sponsor will provide those Eligible Participants who have reached the above noted threshold with a secure link. Once the required information has been provided and validated, payments over the threshold may be provided to you. Any information provided by you will be collected by the Sponsor in accordance with its Privacy Policy. Any referral payments above the $500 CAD (five-hundred Canadian Dollars) threshold and eligibility for increased referral payments are conditional upon all required information being received by the Sponsor before December 31 of the year in which the threshold is reached. If all required information is not received before December 31 of the year in which the threshold is reached, no referral payments in excess of $500 CAD (five-hundred Canadian Dollars) will be paid for referrals made in that year. Your payment eligibility status in the next year will remain at $25 CAD (twenty-five Canadian Dollars) per Successful Referral and you will be able to receive referral payments for the completion of Successful Referrals until the $500 CAD (five-hundred Canadian Dollars) threshold is reached in that fiscal year. At this point, the required information will need to be submitted as described above before further payments will be made. The Sponsor reserves the right to require that any information previously submitted in order to receive referral payments above the threshold in any year be resubmitted for re-validation in subsequent years.

11. DISCONTINUANCE

The Sponsor may discontinue or suspend, temporarily or permanently, this Program and any outstanding referral payments at any time without prior notice.

12. NO WAIVER

The Sponsor will not be considered to have waived any of its rights or remedies described in these Rules and Regulations of Use unless the waiver is in writing and signed by the Sponsor. No delay or omission by the Sponsor in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The Sponsor’s failure to enforce the strict performance of any provision of these Rules and Regulations of Use will not constitute a waiver of the Sponsor’s right to subsequently enforce such provision or any other provisions of these Rules and Regulations.

13. GENERAL CONDITIONS:

This Program is subject to all applicable federal, provincial, and municipal laws. The decisions of the Sponsor with respect to all aspects of this Program are final and binding on all participants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure during the Program; (ii) any malfunction or other problems of any nature whatsoever; (iii) the failure of any referral; and/or other information to be received, captured or recorded for any reason whatsoever; (iv) anyone being incorrectly and/or mistakenly identified as a participant or Eligible Participant; and/or (v) any combination of the above.

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Program (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Program as contemplated by these Rules, including, without limitation, any error, problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Program, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By participating in this Program, each participant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing, and using the personal information submitted for the purpose of administering the Program and in accordance with Sponsor’s privacy policy. This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any participant, referral and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Rules, or for any other reason.

In the event of any discrepancy or inconsistency between the Rules and Regulations of these rules and disclosures or other statements contained in any Program-related materials, including, but not limited to, any instructions or interpretations of these Rules given by any representative of the Sponsor, the Rules and Regulations of these Rules shall prevail, govern, and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Program will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Program.

AGE

You must be age of majority within your Province of residence to register as a referrer. You must only submit referrals who are adult tobacco users, are of legal smoking age in the Province they reside and have expressly consented to being submitted as a referral.

LIMITATIONS ON REFERRAL PROGRAM

RBH reserves the right to limit referral submissions and or to adjust the amount of money granted per referral.

GOOD FAITH

The program is for the purposes of referring Legal Age Smokers truly interested in knowing more about IQOS. If it is discovered that you are attempting to abuse the program’s intention and purpose, that you are using fake names and/or identities or that you are referring people not interested in IQOS, RBH may, in its sole discretion, decide that a payment is not applicable for that specific case, or even disqualify you from the program.

S.I.N. COLLECTION

For the first 6 successful referrals made in accordance with these Terms and Conditions you will be eligible to receive a payment of $25 per referral.

Payments are limited to $500 per year unless RBH is provided with and is able to validate certain information that will be requested from you once this threshold is reached. This information will include your Social Insurance Number and other relevant information in order for RBH to comply with applicable law.

Once this threshold is reached, you can continue to submit referrals, however RBH will not issue any further referral payments above the $500 threshold until it receives, within the required time frame, and is able to validate all required information as determined by RBH. To obtain this information, RBH will provide those referrers who have reached this threshold with a secure link. Once the information has been provided and validated, payments in excess of the threshold will be made to you and your status then changes to receive a $50 referral payment for any future successful referrals completed. Any information provided by you will be collected by RBH in accordance with its Privacy Policy.

Any referral payments above the $500 threshold and eligibility for increased referral payments are conditional upon all required information being received by RBH before December 31 of the year in which the threshold is reached. If all required information is not received before December 31st, no referral payments in excess of $500 will be paid for referrals made in that year. Your payment eligibility status in the next year will remain at $25 per successful referral and you will be able to receive referral payments for the completion of 19 successful referrals until the threshold is reached. At this point, the required information will need to be submitted as described above before further payments will be made.

RBH reserves the right to require that any information previously submitted in order to receive referral payments above the threshold in any year be resubmitted for re-validation for subsequent years.

NO PROMOTION OF TOBACCO PRODUCTS

You understand and acknowledge that pursuant to Canadian Law it is not permitted to promote a tobacco product or tobacco product related brand element. You understand and acknowledge that in the event a Legal Age Smoker inquires about IQOS and/or Heets, you will NOT promote either, but rather direct the inquiry to an IQOS representative.

CONSENT OF LEGAL AGE SMOKER

You confirm that the persons you will be referring are of Legal Smoking Age, who agree and consent to receive commercial and electronic messaging and with whom you have a personal, family or commercial relationship. Individuals with whom you have a family relationship means individuals with whom you are related through a marriage, common-law partnership or any legal parent-child relationship and have had direct, voluntary, two-way communication. Individuals with whom you have a personal relationship means individuals with whom you have had direct, voluntary, two-way communications and with whom you have a personal relationship, taking into consideration relevant factors such as the sharing of interests, experiences, opinions and information, the frequency of communication, the length of time since you communicated or whether you have met in person. Individual with whom you have a commercial relationship means that is based on a previous commercial transaction between you and the individual. When you make a referral using iqos.com or referiqos.com, your referee will be contacted by one of our IQOS experts. If your referee registers successfully in RBH database, you will be eligible to receive a $25 e-payment. This is regardless of whether the referee decides to purchase IQOS or not.

ERRORS

RBH attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. RBH expressly reserves the right to correct errors and to change or update information on the Site at any time without notice.

DISCONTINUANCE

RBH may discontinue or suspend, temporarily or permanently, this program and any outstanding referral payments at any time without prior notice.

GOVERNING LAW

These Terms and Conditions of Use for the Site are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.

FORCE MAJEURE

RBH shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between you and RBH relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.

ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

SEVERABILITY

If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.

NO WAIVER

RBH will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by RBH. No delay or omission by RBH in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. RBH’s failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of RBH’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.

The Referral Program is organized by RBH and is available and applicable only for legal age users of RBH products.

As a participant of any referral program, you are not allowed to share your unique referral link on public forums with individuals who you not have a personal relationship with. A unique link should only be shared securely directly and only with a legal age smoker friend who has expressed interest in learning more about RBH’s products.

LAST UPDATED: July 1, 2024