Last updated: 22^nd October 2018

1. Introduction

Welcome to the www.holdmylight.co.uk (”Website”), a website owned and operated by or on behalf of Philip Morris Limited (referred to as “we” or “us” in these Terms of Use).

Who are we?

We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the Website in connection with which you have been guided here.

How do you accept these terms?

If you use the Website, you accept these terms of use (“Terms”). These are important provisions relating to your use of the Website: you should read them before using the Website as they are binding on you.

Limits of liability:

By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.

Further terms:

If you wish to use certain sections of this Website or take advantage of any member programmes we offer to you through it, there may be other terms and notices you will need to be aware of. If this is the case, such terms and notices will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.

Changes to these Terms:

We may amend these Terms from time to time. If we do, we may notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

2. Use of the Website

To create a Hold My Light account, you must be over the age of 18 and a current smoker. When you create an account, we ask you to provide us with some personal information to enable us to verify your eligibility to participate in Hold My Light and also to create your Hold My Light account. Typically, this may be name, age and e-mail address/telephone number. We will store and use the information you provide us with in accordance with our Privacy Policy and we will not share your personal information with any other third party without your consent.

It’s important for you to provide us with accurate, complete and up-to-date information for your account. You also agree to the following:

• Keep your account accurate, complete and up-to-date.
• Do not disclose your account password to anyone.
• You may not use anyone else’s password or account.
• You’re responsible for all activities that occur under your account, whether or not you know about them.

You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.

3. What you can share and do on the Website

We want genuine adult smokers and their supporters to use this Website. You therefore agree not to engage in the conduct described below (or to encourage others to do so).

You may not use this Website to do or share anything:

• That breaches these terms or any of our other Policies that apply to your use of this Website.
• That is unlawful, misleading, discriminatory, offensive or fraudulent.
• That infringes or breaches someone else’s rights.

We can remove content that you share which is in breach of these Terms and we may also disable your account. Where appropriate, we may notify you if content you have uploaded or shared has been removed by us and state the reasons for this but we may not be able to provide notice in all cases.

To help support Hold My Light, we encourage you to report content or conduct which you believe breaches your rights, these Terms or our other Policies that apply to this Website.

4. Permissions you give to us

Permission to use content that you upload

When you upload any images that may be subject to copyright ownership, you confirm that you are the copyright owner or that you have the necessary permission from the copyright owner to use the images. You are free to share your Hold My Light content (apart from account access details) with anyone else and wherever you want. However, for the purposes of operating Hold My Light, we need you to give us some legal permissions to use this content.

Specifically, when you upload content that is covered by any intellectual property rights (e.g. photos or videos), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, modify, run, copy or display the content. This means, for example, that if you upload a photo of yourself on Hold My Light, you give us permission to store, copy and modify it (if it is necessary for the functioning of your account). We will not share your photos with others such as service providers that support Hold My Light without your consent.

You can end this licence at any time by deleting the content or your Hold My Light account.

5. Modification and suspension of the Website

We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User.

We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.

We may also interrupt the regular operation of the Website, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.

6. Use of the Website Content

You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Website, including all copyright, trademarks and other intellectual property, remains at all times vested in Philip Morris Products S.A. You are allowed to use this material only if and as expressly authorised by Philip Morris Products S.A. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of material and content supplied on the Website.

7. Third Party Links

The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:

• we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and
• if you access any such websites, you do so at your own risk. Note the paragraph on “Limitation of Liability” below.

You may not frame, link or deep-link to the Website to any other website.

8. Privacy and Cookies

To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Policy. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.

This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookies Policy.

You should review our Privacy Policy and Cookies Policy before using the Website and, like these Terms, we may change them at any time (when we do, we will notify you).

9. Disclaimer

Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:

1. it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
2. we accept no liability to you in respect of the Website (subject to the paragraph on “Limitation of Liability” below); and
3. we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:

• that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
• that access to the Website will be uninterrupted, or error-free; and
• that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.

10.Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11. Limitation of Liability

We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.

We will not be liable to you for any loss or damage arising out of your use of the Website in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it.

You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.

We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

12. Jurisdiction and Governing Law

The laws of England and Wales (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The Website has been designed to comply with the laws of the Jurisdiction.

13. Other important rights that we have under these Terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.

Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms are not intended to give rights to anyone except you and us.

14. How to Contact Us

Please contact us at privacy.officer@smokefreefuture.co.uk if:

• you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or
• for any questions you may have about these Terms or the Website.

15. Hold My Light Prize Draw Terms and Conditions

1. Participants in the ‘Hold My Light’ Survey Prize Draw (the ‘Prize Draw’) agree to be bound by these terms and conditions and to be contacted by a Philip Morris Limited representative for the purposes set out below.

2. This Prize Draw is organised by Philip Morris Limited, No. 10 Hammersmith Grove, London, W6 7AP, United Kingdom (‘PML’).

3. To be eligible to enter this Prize Draw, you must be a person 18 years or older and resident in the United Kingdom. This Prize Draw is not open to PML employees or employees of PML affiliate companies, or their relatives.

4. This Prize Draw is exclusively for participants who have registered to participate in the Hold My Light programme and who have successfully completed the post-campaign online survey (via Typeform) that was communicated to eligible participants by email from Philip Morris Limited.

5. Once eligible participants have completed and submitted the online survey, those participants will be automatically entered into the Prize Draw. One entry per person.

6. The closing date for completion and submission of the online survey will be at 12:00am, Friday 8 February 2019.

7. The Prize Draw will take place on 11 February 2019 (the ‘Draw Date’) and five winners will be drawn. The Prize Draw will be conducted within 14 days of the closing date by an independent third party.

8. The winners of the prize draw will be notified using the contact details supplied when signing up to Hold My Light within a reasonable period of time (exact period of time to be established at PML’s sole discretion but in any event shall not be less than a period of 60 calendar days after the Draw Date). If PML cannot contact a winner within this timeframe, a new winner will be drawn.

9. The result of any Prize Draw is final.

10. Prizes: 5 x £50 Amazon vouchers (one prize per winner).

11. There is no cash alternative to the prize offered. We reserve the right to award an alternative prize of equal or greater value, should the advertised prize or any part of it become unavailable.

12. Prizes are issued by PML’s business partner, Motivates Inc. Limited who will issue the vouchers which the Prize Winners can redeem.

13. PML reserves the right to suspend or terminate a Participant’s participation in the Prize Draw at any time, including following any breach by the Participant of these terms and conditions, a material change in the law, or if PML has reasonable grounds for believing that the participant has broken any other law.

14. The decision of PML will be final in all matters relating to the Prize Draw.

15. This Prize Draw is confidential between the Participants and the PML. In addition, the Participants will not disclose information or materials about the Prize Draw to any person under the age of 18.

16. Participant’s personal information is used and stored in accordance with the Hold My Light Privacy Policy.

17. The Prize Draw and these terms and conditions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.

18. Promoter: Philip Morris Limited, 10 Hammersmith Grove, London, W6 7AP.