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.
There is no obligation or requirement that the legal aged smoker whom you have referred, purchase or agree to purchase any products in order to complete a referral for you to receive a referral payment under the Referral Program.
OFFICIAL RULES & REGULATIONS
THIS PROGRAM IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. PROGRAM PERIOD:
The MGM Referral Program (the “Program”) begins on begins on September 20th, 2024, at 12:00 am EST and is subject to change at any time without prior notice.
2. ELIGIBILITY:
Program is open to residents of Canada 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, 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:
If you know Legal Age Smokers who are interested in knowing more about IQOS, you can direct their inquiry to an IQOS representative. You will be eligible to receive a payment of CAD 75 (seventy-five Canadian Dollars) for the first verified legal age smoker referred that completes education with an IQOS expert and registers in the IQOS database. To qualify as a successful referral, the referred user must be entirely new to the RBH database and must not have an existing VEEV and/or IQOS account, or any prior registration within the RBH system. This payment will be sent in two installments, with an initial payment of CAD 25 (twenty-five Canadian Dollars), and a second payment of CAD 50 (fifty Canadian Dollars). Your referee will be eligible to receive CAD 25 (twenty-Five Canadian Dollars) after they complete education with an IQOS expert and registers in the IQOS database. There is no obligation or requirement that the legal aged smoker whom you have referred, purchase or agree to purchase any products in order to complete a referral for you to receive a referral payment under the Referral Program.
To be eligible to earn the CAD 75 (seventy-five Canadian Dollars), you must refer one (1) Successful Referral, as defined below. Your first successful referral referred by an Eligible Participant within 30 days of the Eligible Participant registering their first device in the IQOS database will earn the Eligible Participant CAD 75 (seventy-five Canadian Dollars), and the referee CAD 25 (twenty-five Canadian Dollars). After this initial referral, additional Successful Referrals can be made, where the Eligible Participant is eligible to receive CAD 25 (twenty-five Canadian Dollars) for each for a maximum of 10 referrals per calendar year (the “Annual Maximum”). While you will not be eligible for any payments for referrals made that exceed the Annual Maximum, referees who meet the relevant conditions will still be eligible for a payment of CAD 25 (twenty-five Canadian dollars).
To be eligible, a Successful Referral must be done in compliance with the Refer IQOS Program Terms and Conditions (the “Program Terms” are available at: https://ca.iqos.com/en/guest-terms-and-conditions). For certainty, an Eligible Participant can only refer a legal age smoker who is truly interested in knowing more about IQOS. A referral will be considered a “Successful Referral” when a legal aged tobacco/nicotine user that you refer speaks with an RBH representative and successfully completes registration in the Sponsor’s Refer IQOS Program, in accordance with the Program Terms, during the Program Period.
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.
5. REFERRAL LIMIT:
The first Successful Referral during the Program Period will grant the Eligible Participant CAD 75 (seventy-five Canadian Dollars). Each Eligible Participant can only receive the CAD 75 (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; 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.
6. VERIFICATION:
All Eligible Participants are 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.
7. LIMITATIONS ON REFERRAL PROGRAM
RBH reserves the right to limit referral submissions and or to adjust the amount of money granted per referral.
8. 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.
9. DISCONTINUANCE
RBH may discontinue or suspend, temporarily or permanently, this program and any outstanding referral payments at any time without prior notice.
10. 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 code on public forums with individuals who you not have a personal relationship with. A unique code 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.
11. 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 terms and conditions 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 terms and conditions 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.
12. 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.
13. 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.
14. 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 IQOS database, you will be eligible to receive a $25 e-payment. This is regardless of whether the referee decides to purchase IQOS or not.
15. 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.
16. 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.
17. 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.
18. 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.
19. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. 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.
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.