IQOS CLUB Contests - General Terms

TERMS AND CONDITIONS OF COMPETITIONS FOR IQOS CLUB MEMBERS (hereinafter the “Terms”)

A. INTRODUCTION
1. The limited liability company PHILIP MORRIS CYPRUS LTD which has its registered office at 23, John Kennedy Av., 2nd floor, 1075, Nicosia, with No. HE42051, (hereinafter referred to as "PM Cyprus") is organising a competition especially for IQOS CLUB Members (hereinafter referred to as the "Competition"). In order to participate in the Competitions, it is necessary to have previously become a member of the IQOS CLUB.
2. The present Terms and Conditions aim to define the terms and conditions for participation in the Competition for each adult smoker IQOS CLUB Member interested in participating in the Competition (hereinafter the "Contestant") and the relevant selection of the Winners (hereinafter the "Winners") as part of the Competition. The specific terms and conditions relating to each competition and the exact number of redemption points that need to be redeemed at any time in order for Contestants to participate in that competition will be posted at the specific posting point for each Competition in the "Privileges" section. (Hereinafter referred as «Special Terms and Conditions»)
3. It is clarified that the PM Cyprus has the sole discretion to alter or amend the terms of the Competition, to shorten or extend its duration or to change the awards during or after the Competition or to withdraw the Competition, without being obliged to repeat it, with prior notice given on the IQOS CLUB Platform (Hereinafter referred as «platform») or individually to the Members (at the PM Cyprus discretion), which may, if necessary, apply retroactively, after the existing Contestants have been informed. Any such change will be binding on each Contestant. The PM Cyprus does not accept any liability as a result of the above amendments.

Β. TERMS OF THE COMPETITION
1. Object and general context of the Competition
The Terms and Conditions of the Competition as well as the Special Terms and Conditions must be accepted by IQOS CLUB Members before they submit their participation.
The Competition is open to confirmed adult IQOS users who:
- have registered in and are active members of the IQOS CLUB up to the time the Winners of the competition are announced.
- meet the conditions for participation, mentioned in the special terms and conditions, of each competition.
- wish to participate in the draws which are part of the Competition.
It should be noted that if you declare that you wish to withdraw from the Competition or from IQOS CLUB, you will not be able to participate in the selection of the Winners, either reward the award.
2. Eligibility to Participate in the Competition
2.1 All adult IQOS users (natural persons over 18 years of age), who have full legal capacity, are permanent legal residents of the Republic of Cyprus and who are active members of IQOS CLUB up to the time the winners of the competition are announced, are eligible to participate in the Competition. If you unsubscribe from IQOS CLUB you are not entitled to take part in the selection of the Winners or to receive awards.
2.2. Also, you need to log in to the IQOS CLUB Platform at the point where the Competition is posted and, for every Competition, follow the necessary steps for participation, which are given there and confirm your acceptance of the Terms and Condition as well as Special Terms and Condition.
2.3. The PM Cyprus employees and their first and second degree relatives and their spouses, are excluded from the Competition. Any participation by the above persons in the Competition, in breach of this term, shall be automatically void when and if established.
2.4. Participation in any Competition constitutes automatic and unconditional acceptance of these Terms and Conditions as well as of the individual Special Terms and Conditions relating to each particular Competition. At any stage, including during the delivery and receipt of the awards, any of the Contestants or the Winners/Alternate Winners, may be disqualified from participating in the Competition for the following reasons:
a. in the event that they refuse to provide an official document/item or it is not possible to establish that they are one and the same person as the person originally registered in the List of Participants referred to in Article 4.1,
b. in the event that it is established that the law or any other mandatory provision has been violated in any way.
The PM Cyprus reserves the right to disqualify/cancel any participant’s participation in the competition at any point in time and if it is found that the participant is not complying with or is in breach of any of the above terms and conditions or any other of the present terms and conditions of the competition or it is found, for any reason and for any cause, that the participation is illegal and/or improper even after the winner has been selected and the award has been awarded. In the latter case, the PM Cyprus reserves the right, in addition to any other claim it may have against the participant, to request the return of the award which has been awarded. Please note that exclusion from participation for any of the above reasons can be imposed without the need for any justification and without observing any formalities or time limits.
3. Duration of the Competition
3.1. The duration of each Competition is that defined each time at the point where the Competition is posted on the IQOS CLUB Platform and/or on Special Terms and Conditions of each competition.
3.2 It is possible to participate in the Competition at any time in the day (24 hours) during the Competition, wherever participation is available.
4. Conditions for participation in the competition and for the selection of winners/alternates
4.1. Each Contestant will participate by accepting these Terms and Conditions as well as the Special Terms and Conditions which will be listed in the footer on the IQOS CLUB home page) and will be included in the List of Participants from whom the Winners for the awards for each Competition will be selected.
4.2. However, each participant can only win once in each Competition.
4.3. All valid registrations will be collected in a special file (the “List of Participants”) which will be deleted after all stages of the Competition have been completed, i.e. after the awards have been received.
5. Contest Awards
5.1 The Competition Awards are those which are posted on the Platform in the "Privilege" section of the post about each Competition and will be included on the Special Terms and Conditions.
5.2. The PM Cyprus reserves the right, upon delivery of the awards, to request the Winner to present their identity card or other equivalent document for identification purposes and to confirm acceptance of the terms of the award in the manner set out in Article 5.4, otherwise the PM Cyprus may refuse to deliver the award.
5.3. The Winner will receive their award directly from the store or other point designated or indicated to them, or it will be delivered to a specific point on agreement (provided, however, that delivery to the Winner is provided for in the specific Competition). The Winner must arrive within the time period they have been informed about. Otherwise, they will no longer be entitled to the award. In the event that the time period the Winner was informed about has elapsed and the Winner is no longer entitled to the award, the Alternate has the right to receive the award. The Alternate must also come and receive the award within the time period which they will be informed about. In the event that the Alternate does not appear within the notified time period, the right to receive the award is voided.
5.4. Each Competition is governed by these General Terms and Conditions and by the more specific terms that apply from time to time and which are posted at the point relating to the conduct of/participation in each Competition (with regard to all individual points such as indicative duration, number of winners/alternates, awards, etc. - Special terms of each Competition). By accepting these terms and conditions when you participate in each Competition, you enter into a contract between us which is governed by the General and Specific Terms and Conditions of each Competition. Awarding the awards to you, if you are a Winner or Alternate who is entitled to an Award and does not constitute a sale. The Competition awards, in regard to their number and type, are personal, already predefined and specific, and may not be exchanged for or replaced by any other goods, redeemed or transferred.
6. Nomination of Winners / Alternates - Information - Receipt of awards
6.1 Each Competition may designate one or more Winners and one or more Alternates (or may not designate any Alternates). To select the Competition Winner(s) and Alternate(s), the PM Cyprus will conduct an electronic draw using an automated system, which will take place at the premises of the PM Cyprus or one of its partners, as the case may be.
6.2 The Winners will be informed by telephone on the contact details they have declared (indicative mobile phone, or in their email and/or via the CLUB Platform), regarding the manner, place and deadline for accepting and receiving their awards. In order to receive the award, the Winner must correctly answer the question that will be asked over the phone. The communication will take place in the next 5 business days from the nomination of the Winners during business hours. In the event that it is not possible for the Organizer to communicate with any of the Contest Winners within the above deadline from the Winner Announcement Day for a reason not due to the Organizer's fault, or if any of the Winners refuses or does not appear within the deadline or is not entitled under article 2 to receive the award or does not correctly answer the question that will be put to him, as defined above, then the specific Winner loses the Right to receive the award, while the Organizer reserves the right to contact each from the Alternate Winners, in order of draw (all of the above applies to the Alternate Winners as well).
6.3. If the above attempt to communicate and award the awards of all the Winners and Alternates is unsuccessful, then the award will not be awarded. The Company bears no responsibility or obligation to compensate the Winners or Alternates in the event that the award is not awarded to them because it was not possible to communicate with them as above or because they did not come to collect the award within the deadline set.
6.5. The Winners and Alternates will also not have any claim against the PM Cyprus if, for reasons relating to their person (including due to force majeure), they are unable to collect their awards. In the event that there is a statutory tax or other legal charge relating to the Competition awards, the Winners of the awards will be responsible for its payment. If any Winner does not accept any such cost, they will automatically lose their right to receive their award. The PM Cyprus shall not be liable for any unsuccessful attempts to notify the Winner due to their failure to respond to a call made by the PM Cyprus to a telephone number given by the Winner themselves.
6.6. For transparency reasons, the PM Cyprus reserves the right to reserve the names of the Winners/Alternates.
7. Responsibilities for the Conduct of the Competition
7.1 The PM Cyprus responsibility is limited solely to covering the cost of the award to be awarded in each Competition. The PM Cyprus shall have no other liability towards the Winner or Alternate from the moment the award is physically awarded to the Winner or Alternate entitled to the awards (within the deadline for delivery of the award as aforesaid).
7.2. If a Competition and/or the awarding of awards is postponed, interrupted or cancelled, the Contestants do not acquire any right or claim against the PM Cyprus, nor do they have a legitimate claim or an entitlement to request the continuation or replacement of the Competition or to request any amount as compensation. In this case, the PM Cyprus obligation is limited to simply making an announcement of the discontinuation of the Competition by posting the relevant information on the Website at any time. The publication of the announcement will automatically suspend the relevant Competition and no interested party is entitled to request its continuation.
7.3. Participation in the Competition requires access to the internet so that the interested parties can enter the IQOS CLUB Platform using their own technical equipment. Participants explicitly and unambiguously acknowledge and accept that access to digital media may be subject to changes or interruptions that are fully dependent on the capabilities of the existing technology which supports them and which is beyond the control and responsibility of the PM Cyprus and the electronic and/or digital data exchange provider and/or the internet and/or fixed and/or mobile telephony providers. The PM Cyprus is not responsible for any hardware or software and/or any computer system errors, for problems that may arise on the network or in computer transfers or for any participations that may be lost, delayed, invalid or incomplete.
7.4. The PM Cyprus shall not be held liable if, for reasons outside of its sphere of influence and control or other reasons of force majeure, access to the IQOS Platform and/or Customer Service Line is not possible for any period of time during the Term of the Competition or after its completion or, finally, if the records kept in connection with the Competition are partially or totally destroyed.
7.5. The PM Cyprus shall not be held liable in the event of damage or non-receipt of the awards by the Winners or their Alternates due the fact that participants have provided incorrect or inaccurate contact details or have failed to update them. The awards must be received by the Winners themselves or by an adult third person who must present a legal authorisation from the relevant winners, as well as the Winner’s proof of identity and a legal document proving that they are an adult.
7.6. The PM Cyprus shall not be liable for any unsuccessful attempts to notify the Winners due to their failure to respond to a call made by the PM Cyprus to a telephone number given by the Winners themselves.
7.7. In any case, the PM Cyprus responsibility is limited to covering the cost of the awards to be offered. At any time and for any reason, the awards may be replaced by other awards of equal value at the sole discretion of the PM Cyprus.
7.8. The PM Cyprus does not accept any liability towards the Contestant or third parties for any reason whatsoever regarding any postponement, interruption, prohibition or cancellation of the Competition for reasons of force majeure or some unforeseen incident or in the case of legal or other prohibition. In this case, the PM Cyprus obligation is limited to simply making an announcement of the discontinuation of the Competition by posting the relevant information on the Platform at any time. The publication of the announcement will automatically suspend the relevant Competition and no interested party is entitled to request its continuation or to claim the awards (or Rewards).
7.9. Under no circumstances is the PM Cyprus liable for any direct or indirect damages, costs or expenses that may arise from any discontinuation, malfunction, delay, or any other cause relating to participation in the Competition or to the Competition awards. Moreover, the PM Cyprus bears no responsibility, either criminal or civil, towards any winner or third party for any accident and/or physical or material damage caused to them during the Term of the Competition and during any of their activities, travel etc. on the occasion of and/or as part of that Competition and/or the awards thereof, nor is it responsible for any delays, cancellations, postponements, etc. or any other cause.

C. POLICY FOR THE PROCESSING OF YOUR PERSONAL DATA IN THE CONTEXT OF THE COMPETITION
1.1 Data Controller: The PM Cyprus is the Data Controller for the Contestants' personal data, and processes the data in accordance with the Privacy Policy set out below, which complements the IQOS CLUB Privacy Policy as a more specific policy (taken as a whole, they cover the processing of your personal data).
1.2 Data which is processed: The source of the data is the subjects-Contestants themselves who register for the Competition. The PM Cyprus will maintain - process the minimum personal data necessary for the participants to participate in the Competition, subject to the provisions of the current legislation on the protection of personal data and the confidentiality of communications. The conduct of the Competition does not require or involve the creation of a sensitive personal data record.
1.3 a) Purpose of processing and legal basis: Specifically, the PM Cyprus will process the personal data of the Contestant which will be collected during the running of the Competition for the purposes of Participation in the Competition, communicating the results and arrangements for the Competition awards, and taking all necessary actions to deliver the awards, in the context of the execution of the contract to conduct the Competition and to deliver the awards, with the data subjects who declare participation in the Competition.
b) Purpose of processing and legal basis: To announce the Winner(s) and Alternate(s) for the purposes of transparency and proper fulfillment of the terms of the Competition in order to maintain the transparency of the Competition process and the proper awarding of the awards to them, which has been fairly balanced with the privacy of the participants without infringing their fundamental rights and freedoms, and is also for their own benefit for the purposes of proper information and transparency of the Competition.
1.4 Data retention period: Only data necessary to prove participation and its results through the relevant log files (i.e. the announcement of the winners and alternates and the delivery of the awards) will be retained for 12 months. Also, all data related to participation purposes of the Club Competition will be retained.
1.5 Regarding your rights and the protection of your personal data in general, you can find out about the IQOS CLUB Privacy Policy which is supplementary to this specific information and governs the processing of your data in its entirety.
1.6 To exercise their rights, participants in the Competition may call the IQOS Customer Service Hotline at any time on tel: 80008803.

D. FINAL PROVISIONS
1.1. Any cancellation of a term hereunder shall not imply the cancellation of all the terms of the Competition
1.2. Any delay by the PM Cyprus exercising any right or claim hereunder shall not be a waiver of such right or claim, which may be exercised at any subsequent time.
1.3. Any dispute arising out of the Competition will be referred to Nicosia district Court and will be governed by the Law of Cyprus Republic.
1.4. For any information about the Competition, participants can call the IQOS Customer Service Line on: 80008803.
1.5. Participants do not have or acquire any right whatsoever to the PM Cyprus trademarks, names, inscriptions, emblems and other symbols. In all other respects, the IQOS CLUB Terms and Conditions shall apply, which further govern the PM Cyprus relations with the Members of the CLUB as a whole, to the extent not covered by these terms.