IQOS TEASER AND SIGN UP CAMPAIGN ("Campaign") TERMS AND CONDITIONS ("Terms")
Updated October 2nd, 2024
DEFINITIONS
The following terms shall have the meaning assigned to them below:
"Terms" means these terms and conditions together with any terms and conditions in the Product Description.
“Product" means any of our products displayed on this Website.
“Personal Information” means the details provided by you to us when you register or place an order.
“We”, “us” and “our” means Triaga Inc., 1900 Stantonsburg Road, Wilson, NC 27893
“Website/s” means this Website located at https://www.iqos.com.
“Cookies” means small text files that our Websites place on your computer’s hard drive to store information about you and to identify your computer.
“You” means an individual customer or user of this Website.
“IQOS Care Expert” means a member of IQOS Customer Care.
“IQOS Expert” means a member of the IQOS team who works in IQOS stores and remote locations.
“IQOS Lounge” refers to a temporary retail space that can only be accessed by individuals who are 21 years of age or older and those who smoke or use other nicotine-containing products residing in the U.S., entry requires age verification.
TEASER AND PRE-ANNOUNCEMENT TERMS.
The following terms apply to any pre-announcements, teasers, or other pre-sale communications ("Teaser") regarding products or services that will be made available for sale in the future: All information provided during the Teaser phase is for informational purposes only and does not constitute an offer to sell or a binding commitment by us. The details, pricing, availability, and specifications of the teased products or services are subject to change at our sole discretion until the official sale is launched. Please read these Terms carefully before participating in the Campaign. By participating in this Campaign, you agree to be bound by these Terms. If you do not agree to these Terms, please do not participate in the Campaign.
ELIGIBILITY. The Campaign is open to individuals who are 21 years of age or older and those who smoke or use nicotine-containing products residing in the U.S.
WHY YOU SHOULD READ THEM. By signing up to receive updates from us either online via this Website, over the telephone with our IQOS Customer Care team or with an IQOS Expert, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not create an account. We recommend that you keep a copy of these Terms for your future reference.
MODIFICATION AND TERMINATION. Triaga Inc. (“we”, “us”) reserves the right to modify, suspend, or terminate the Campaign at any time for any reason, including without limitation, if the Campaign is not capable of running as planned due to any technical, operational, or other causes beyond our control.
UPDATE OF TERMS AND CONDITIONS. These Terms and Conditions are subject to updates and modifications. Once the sale of the teased products or services is officially launched, these Terms and Conditions will be updated accordingly. By continuing to use our services or purchasing our products after the updated Terms and Conditions are posted, you agree to be bound by the revised terms.
IF YOU NEED TO CONTACT US ABOUT THESE TERMS. Before you create an account, if you have any questions relating to these Terms please contact our IQOS Customer Care team by telephone at 1-844-275-4767 – we’re available 7 days a week, 9am – 6pm ET/CT. All calls to IQOS Customer Care can be made free of charge from US landlines and mobiles. You may still incur airtime or roaming fees depending on your mobile phone plan. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
WHO WE ARE & HOW TO CONTACT US
INFORMATION ABOUT US. Who we are. We are Triaga Inc., a Delaware corporation, located at 1900 Stantonsburg Road, Wilson, NC 27893.
HOW TO CONTACT US. The best way to contact us is by using our IQOS Customer Care online chat tool on our Website. You can also contact us by telephoning our Customer Care team at 1-844-275-4767 or by emailing us at contact.us@iqos.com.
PRODUCTS
USE OF OUR PRODUCTS. Once the Product is available, we will offer our Products for sale as alternatives to continued smoking cigarettes. Our products are not risk-free and provide nicotine which is addictive. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 21 years old or those who do not smoke or use other nicotine-containing products. You acknowledge and accept that you use our products at your own risk. For more information, please see important information.
TEASER CAMPAIGN
The Teaser campaign refers to the promotional activities we conduct for the upcoming Product launch. Details of the product, including features, specifications, and availability, may not be available during this campaign and will be provided when the Product is available in your location. Participation in the Teaser campaign does not guarantee availability in your location, access to or reservation of the product upon launch.
SIGN-UP FOR UPDATES
By signing up to receive updates, you agree to provide accurate and current information.
We reserve the right to send emails or SMS (subject to the SMS terms provided in these Terms) and other communications regarding the product launch, promotional offers, news related to events that may impact IQOS and access to the product, and related information to the provided email address and mobile number. You may unsubscribe from these updates at any time by following the instructions in the emails or contacting IQOS Customer Care.
SHARE INVITE TO SIGN-UP
The link to our landing page is intended for sharing with individuals who are 21 years of age or older and those who do smoke cigarettes or use other nicotine-containing products and solely on a 1-to-1 basis. It is your responsibility to ensure that sharing the link to our Website is in compliance with all applicable laws and regulations. It is prohibited to share the invite or other information resulting from and related to the Teaser campaign on social media or other 1-to-many digital platforms. By sharing the link, you confirm that you have verified the recipients age and have ensured that sharing the link is permissible. You agree to indemnify and hold us harmless from any claims, damages, or expenses that arise from your failure to comply with this requirement.
IQOS LOUNGE
We may utilize the temporarily retail space in certain cities to allow individuals who are 21 years of age or older and those who smoke or use nicotine-containing products residing in the U.S. ad to view details and images of our upcoming product. Visitors may have the opportunity to sign-up to a list to receive updates for the upcoming launch. The information provided in the IQOS Lounge is for information purposes only and does not constitute an offer to sell or a solicitation to buy the Product.
BOOK AN APPOINMENT
You must be a 21 years of age or older adult and must be a cigarette smoker or user of other nicotine-containing products to book an appointment with one of our IQOS Experts. Appointments can be booked directly through our IQOS experts only. You are responsible for providing accurate information during the booking process. Any changes to your contact information or other relevant information should be communicated to us promptly. You may reschedule your appointment up to 24 hours before the scheduled time. Rescheduling is subject to availability. If you arrive more than 15 min late for your appointment, we may need to reschedule or cancel your appointment.
SOCIAL MEDIA
By following our official social media accounts, you may receive updates, news, promotions. You agree to interact with our social media accounts in a respectful and appropriate manner. You may not post or share content that is unlawful, defamatory, offensive, infringing, discriminatory, or otherwise objectionable or inappropriate. We reserve the right to modify or discontinue the availability of any content posted on our social media accounts at any time without notice. You are responsible for any content you post or share on our social media accounts, and we reserve the right to remove any content that violates these Terms or our policies.
EVENTS
This agreement sets out the terms and conditions that apply to my attendance at and/or my involvement in (“Participation”, and “Participate” shall be interpreted accordingly) an event (the “Event”) organized by Triaga Inc. (“PM”).
In consideration for being permitted to Participate in the Event, I agree as follows:
Attendance and registration
1. I declare that I am aged 21 or over and I am a consumer of cigarettes or smoke-free products [IQOS, ZYN, VEEV, etc.]. I understand that if I am not aged 21 or over and/or if I am not a consumer of such tobacco products or smoke-free alternatives then I am not permitted to register for or Participate in the Event.
2. I acknowledge that I will be permitted to bring one other person (a “Guest”) to the Event, provided that such Guest is aged 21 or over. I acknowledge if such Guest is not aged 21 or over they will not be allowed to attend the Event.
3. I acknowledge that, in order to be permitted to Participate in the Event, I must accept the Terms and then confirm my attendance for the date that will be communicated to me through the initial invitation.
4. I acknowledge that Guest will also be required to register certain of his/her personal details, for the purpose of verify 21+ legal age and identity, prior to attending the Event and I will inform the Guest accordingly.
Publicity release
5. I agree that PM and its affiliates (i.e. any entity which controls, is controlled by or is under common control with PM) shall have:
5.1 full, unfettered rights to: (i) refer to me and to use my name, image, likeness, voice and biographical information in respect of all communication and publicity material made in connection with the Event; and (ii) record and film my Participation at or in connection with the Event (whether by audio or audio-visual means or howsoever) and take photographs of my Participation at or in connection with the Event, and in each case use such footage in respect of any communication and publicity material made in connection with the Event, (the material referred to in (i) and (ii) above shall collectively be referred to as the “Material”);
5.2 the exclusive rights to use the Material [(only in connection with the Event)] in any and all manner and media throughout the world in perpetuity without being liable to me for any type of payment or compensation, and I agree that the Material shall at all times remain PM’s sole property and that I will have no right, title or interest in or to it, or any part thereof, or in respect of any proceeds from it. This includes use in all media (including internet and social media, where it is permitted by law), any venues where our events are held, during other PM partnered events, etc. PM may use the Material based on my consent and agreement as set out in these Terms. In relation to processing of my personal data (as described in Term 6), it shall be for the performance of this contract set out in these Terms. PM may share the Material with other PM affiliates worldwide for them to use for the same purposes.
5.3 the right to make alterations and edits to the Material as they deem appropriate, including without limitation the right to use any of the Material in whole or in part or in composite or distorted character or form, where such treatment is not a derogatory treatment or distortion of the Material. Such alterations and edits to the Material shall be only in relation to the Event.
6. I undertake that I shall not use any Materials, pictures or any items provided to me in connection with the Event, other than for private non-commercial purposes and for the purpose for which they were provided to me.
7. I irrevocably and unconditionally waive, to the fullest extent permitted by law, all moral rights (and their equivalent in any jurisdiction of the world to which I may be entitled under any law now or in the future in force) in respect of the inclusion, alteration and/or exploitation of any of the Material.
Data protection and privacy notice
8. To the extent permitted under applicable data protection laws, PM and/or its affiliates and suppliers, may store, or have stored, on databases of personal data, including but not limited to the Material (including as it may be altered or edited), participant’s birth date, contact details, this agreement and any other document relating to my Participation in the Event. This data will be stored and processed only for the purpose of the Participation in the Event, using the Material, keeping a record of the correct implementation of the Event, and being able to contact participants in the future in relation to the Event. The processing of the participant’s personal data will take place for the purposes and by the methods indicated above, including the communication of the data to the persons mentioned (i.e. PM and the Contractors) and/or the transfer of the personal data to other persons and entities connected to the Event, including to countries whose law does not provide equivalent levels of protection of personal data to those in participant’s country, provided that PM uses appropriate safeguards and ensures that the personal data is protected by technical and organisational measures designed to keep it secure and to protect it from unauthorised processing. The PMI Consumer Privacy Notice
Conduct at the Event
9. I agree to comply with the appropriate conduct, and terms and conditions (if applicable) of the venues at which the Event will be held. I further agree to comply with any and all instructions given from time to time by the staff of the venues or of PM, and with rules and notices given or displayed at such venue and other health and safety matters and security matters. I further agree to conduct myself in accordance with the applicable local laws and in a manner that is not offensive, threatening, abusive, indecent, defamatory or obscene, whether or not such behavior would arise out of the consumption of any alcohol provided at the Event.
10. I acknowledge and agree that PM reserves the right to exclude or remove me and/or my Guest from the Event where my and/or my Guest’s behavior falls below the standards set out in these terms and conditions.
Release of liability
11. In consideration for being permitted to Participate in the Event, I hereby waive and forever discharge, for myself, my heirs, assigns, next of kin, executors, administrators and legal representatives, any and all rights and/or claims which I (or they) have, may have, or which may hereafter accrue to me (or them) against PM and its Affiliates, partners and contractors (“Exempted Parties”), and hereby release and forever discharge Exempted Parties from any liability whatsoever which they have or may have towards myself, my heirs, assigns, next of kin, executors, administrators and legal representatives, for any and all losses, damages, injuries (including death) and/or claims which may be sustained by me directly or indirectly arising out of my Participation in the Event (including the application of emergency or medical services at the Event), no matter how any such losses, damages, injuries (including death) and/or claims are caused even if they are caused by the fault of the Exempted Parties, or those acting on their behalf.
12. I agree and acknowledge that PM has no responsibility or liability to me or my Guest (if any) arising from the Event’s cancellation, postponement or change of format and that PM cannot guarantee that the Event proceeds as advertised. I further agree that PM has no responsibility or liability to me or my Guest (if any) in relation to other attendees and their guests at the Event.
Risks associated with Participation and assumption of the risks
13. I acknowledge and understand that my Participation in the Event is at my own risk and I agree voluntarily to Participate in the Event and fully accept and assume (for myself, my representatives, heirs, assigns and next of kin) full liability for every such risk (foreseeable or otherwise), including for any and all risks of loss of personal property (including but not limited to the personal property that I may place in the cloakroom), damage and/or injury (including death and any damage and/or injury that may be caused due to any food allergy, strobe and/or flash lighting), whether caused by the fault of the Exempted Parties in connection with the Event or by another cause, as well as all and every responsibility, both in civil and criminal judgment.
IQOS CUSTOMER CARE
An IQOS Care Expert is available to provide you with support. The IQOS Care Expert can get in touch with you via SMS or phone and can also be available on the phone, online chat, video chat, our official social media channels (Facebook and Instagram) or email to support you.
SMS TERMS
a) If you provided your phone number when creating an account with IQOS, then we may send service notifications to you via text message (“SMS”), including messages to verify your identity. We may also send you service notifications such as order status, purchase verification and important product information. Even if you opt-out of service notifications, by making a subsequent product purchase or updating your profile, you will automatically be enrolled to receive service notifications until you opt-out again.
b) You must expressly opt in to receive promotional SMS messages. If you opt in to receive promotional SMS messages from us, you agree to receive promotions and industry news from us and our affiliates.
c) Data or messaging rates may be charged by your wireless carrier when receiving service notifications via SMS. Contact your wireless provider for questions about applicable rates.
d) Frequency of SMS messages will vary.
e) Receiving SMS messages is not required for purchase.
f) You may opt out of receiving SMS messages at any time by replying ‘STOP’. You will receive an SMS confirmation of your opt-out.
g) You agree you are at least 21 years of age. If you are not at least 21, you must opt-out of receiving SMS messages.
h) You agree to contact us via customer support if you change your wireless number.
i) Carriers are not responsible for delayed or undelivered messages.
j) Data obtained from you in SMS messages may include your wireless number, your wireless carrier, the date, time and content of your messages and other information you provide to us. If you have questions regarding our privacy practices, please read our Privacy Notice
k) We may cancel SMS messaging at any time with or without notice.
l) We may change these SMS Terms at any time, effective upon posting on this website.
m) You agree to periodically review these Terms, and your continued consent to receive SMS messages indicates the acceptance of any changes in these SMS Terms.
GENERAL TERMS
PERSONAL INFORMATION. How we look after your information. On the Websites we may ask to collect certain Personal Information from you such as your name, e-mail address, telephone number, product selections and a password (“Personal Information”). Information required for age and identity verification purposes is handled by a third party and we don’t retain documents if provided. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). For more information on what we do with your Personal Information, please read our Privacy Policy.
OUR OBLIGATION TO DISCLOSE YOUR INFORMATION. You should be aware that if we are requested by law enforcement or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled to do so.
ACCURACY OF YOUR INFORMATION. You warrant that the Personal Information that you provide to us on the Websites is true, accurate, current and complete in all respects. You should notify us promptly of any changes to your Personal Information by updating your details while logged on to our Websites or by contacting our IQOS Customer Care team. We are committed to upholding both the legal and social obligations as a retailer of tobacco products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when the order is placed and/or validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. In accepting these Terms, you agree to provide us with truthful and accurate information.
COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIABILITY. We use reasonable endeavors to verify the accuracy of any information we place on the Website. However, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from the course of dealing, usage or trade. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms. Once products have been delivered, we accept no responsibility in the event of theft or misuse of the products. It is your responsibility to ensure that the products are used by persons aged 21 or over. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of any order you place and any related payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Websites. We shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for pure economic loss or any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your use of the Services. We shall not be liable for any of the losses described in this paragraph even if you have informed us of the possibility of such losses. Nothing in this paragraph excludes any liability that cannot be excluded by applicable law.
INDEMNIFICATION AND RELEASE. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Triaga Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees arising from or relating to your conduct in connection with the Products, IQOS stores, the Website, IQOS Experts and IQOS Customer Care Agents, other IQOS customers, the information you provide to us or any violation of these Terms, any law or the rights of any third party (“Claims”). You, for yourself and on behalf of your heirs, estate, insurers, successors or assigns, hereby fully and forever release and discharge us from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Claims, or any violation of these Terms, any law or the rights of any third party.
SEVERANCE. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
WAIVER. No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these Terms.
SURVIVAL. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT. These Terms govern our relationship with you. We will communicate any substantive changes to these Terms to you so that you have the opportunity to review the changes. Your statutory rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
LAW AND JURISDICTION. These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States of America. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, City, County and State of New York, United States of America for disputes arising from or related to these Terms. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to IQOS Stores (including but not limited to the purchase of the Products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in in the Borough of Manhattan, City, County and State of New York, United States of America. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY. We may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
