TERMS & CONDITIONS 

OF THE CHALLENGE

(Hereinafter Global T&C)

The following general terms and conditions (Global T&C) apply to the Challenge as defined in the relevant Official Rules and organized by JT International SA (JTI), registered address at 8 Rue Kazem-Radjavi, 1202 Geneva, Switzerland, and with the collaboration of its affiliates. JTI shall be understood to include its affiliates.

These Global T&C shall be read in conjunction with the Official Rules. In addition, one or more JTI affiliates participating in the Challenge may elect to develop local terms and conditions (Local T&C) applicable to the Challenge. Such Local T&C will be governed by the Global T&C of this Challenge as well as by the Official Rules. The Global T&C, Official Rules and Local T&C shall be considered as the governing rules of the Challenge (Governing Rules).

In case of a conflict of interpretation between the Local T&C and the Global T&C and/or the Official Rules, the Local T&C shall prevail for the respective participating country. 

By participating in the Challenge, the Participant, as defined in the Official Rules, unconditionally and irrevocably accepts and agrees to be bound by all these terms and conditions as stated herein at all times without any exception whatsoever.

Participants must register on the online Platform as per the Official Rules and accept Governing Rules and the Platform T&C (if any) and comply with the terms of these documents.

Participants are responsible for submitting accurate, complete and truthful information and documentation during the entire Challenge. At any time, JTI reserves the right to (i) check the submitted information and (ii) request any additional documentation. Submitting incorrect, misleading, or incomplete information will lead to refusing or disqualification of participation upon JTI discretion.

By registering, the Participant accepts to be contacted by JTI, its affiliates and/or third parties contracted by JTI Group entities for the purpose of the Challenge at any time during their participation in the Challenge. 

Registration and participation in the Challenge cannot in any way be deemed to give rise to any contractual relations with JTI or any of its affiliates and in particular any employment rights.

Participation to the Challenge is subject to meeting the IT, hardware and software configuration set for in the Governing Rules.

Participants are expected to act with integrity at all times, failure to display such a behaviour will lead to disqualification of the Participants.

JTI defends the values of tolerance and of respect of the rights of others. For this reason, the Participants shall not use the Challenge as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit proposals, nether they should harass or intimidate others.

During the Challenge, whether via the Platforms, the materials submitted, social media, public media or in any other manner, Participants agree: 

• not to submit false, misleading, malicious or fraudulent information;
• not to include or publish content likely to incite hatred or violence, threatening content, pornographic content, content containing nudity or gratuitous violence, or any other form of inappropriate content; 
• not to disseminate content (including photographs and videos) portraying minors;
• not to distribute information or content capable of upsetting the sensibilities, specially of the youngest; 
• not to conduct illegal activities, including, but not limited to, infringing on intellectual property rights such as the rights to software, trademarks, photographs, images, text, video etc.;
• not to divert the Platform from its intended purpose, including by using it as a dating service;
• not to post any content breaching privacy or physical or moral integrity;
• not to post any content triggering political or religious debates;
• not to post any content that, without limitation, may qualify as gross indecency or incitement to commit certain crimes or offenses;
• not to open more than one account on the Platform nor open an account in the name of a third party;
• not to use the account of another Participant;
• not to try to bypass the Platform, such as by trying to contact or send JTI the deliverables outside of the Platform;
• not to transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Platform;
• not to use any device, software or routine that could interfere with the proper working of the Platform or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
• not to take any action (such as, spamming, flooding) that imposes an unreasonable load on our Platform.

JTI believes in the freedom of adults to choose whether they want to smoke and that no one should smoke unless he or she understands the risks of doing so. JTI is committed to marketing its tobacco products and brands responsibly. JTI applies these principles to the marketing of all its tobacco products and tobacco brands:

1) Minors should not smoke and should not be able to obtain tobacco products;

2) JTI does not market its products in order to encourage anyone to take up smoking or to discourage anyone from quitting;

3) JTI markets its products to adult smokers in order to maintain brand loyalty and to encourage adult smokers of competitor brands to switch to its products;

4) Adult smokers should be appropriately informed about the health risks of smoking before they make the decision to smoke.

Participants will respect these principles at all times and agree not to create and post any ideas / proposals / content / etc. which may go against these principles.

The Participants shall not include any content that has the intention or the effect of promoting or advertising JTI’s brands or products in the materials submitted during the Challenge (including through the Platform) or in any posts or publications, including post on social media related to JTI and/or the Challenge. The Challenge shall focus in JTI business in general and not on one or several JTI brands or products.

The Participant shall inform JTI if there is an unauthorized use of the account in the Platform or a security breach, such as loss or theft of login information.

At any time, a Participant may be refused participation or disqualified for various grounds, including but not limited to the following:

• breach of the Governing Rules;
• fraud or unfair action or omission;
• intention or actual damage to any Challenge materials or information;
• intention or actual destruction, disruption, damage or alteration of the proceedings of the Challenge;
• disrespectful or inappropriate behaviour towards others in connection with the Challenge;
• inability to participate in any of the steps of the Challenge for any reason and at any time; or
• inability to travel, for any reason, as required by the Challenge, including to the (RE)bootcamp.

Despite the above, JTI may, at its sole discretion and without prior notice, refuse participation or disqualify a Participant from the Challenge without justifying it, even after the Prize has been granted.

In the event that one Participant is disqualified or abandons the Challenge for any reason and at any time, JTI reserves the right to disqualify the Participant. 

In the event of any suspected reason for disqualification, JTI reserves the right to conduct any investigation, as it may deem necessary, that may include the request for documents or information to the Participant or any third party.

In case of disqualification or withdrawal of a Participant for any reason from the Challenge, JTI reserves the right at its sole discretion to, including but not limited to:

• expulse a Participant from the Challenge;
• deny the attendance to any Challenge event, participation in the internship program or concession of any Prize;
• demand the return of the Prize received;
• offer the Prize to another Participant; or
• select a substitute Participant.

A Participant may close their account at any time by clicking on the “Delete your profile” tab on their profile page or by sending an email to Social@jti.com. Closing an account for any reason and at any time will lead to disqualification from the Challenge.

If JTI has reason to believe that a Participant has breached the Governing Rules, JTI may at its sole discretion, temporarily or permanently, close or suspend the Participant’s account. 

JTI will not reimburse Participants for materials or resources prepared or used in connection with the Challenge or for any expenses related to trips or accommodation incurred in connection with the Challenge.

Despite the above, JTI will cover travelling expenses (flight tickets and/or train tickets, transfer costs between airport/train station and the hotel or JTI offices, visa application) and hotel accommodation for (RE)bootcamp. JTI will be in charge of the booking at its sole discretion and payment related to the travelling expenses for the (RE)bootcamp.

JTI will cover certain expenses for the training (if applicable) and the global internship as detailed in the relevant Official Rules.

The Prizes are non-transferable. No cash payment will be made in lieu of any Prize. Each Participant shall be wholly responsible for the payment of any tax, contribution or amount of any kind due in respect of the award of a Prize under the Challenge.

The awards are subject to acceptance by all Participants of the terms and conditions related to these Prizes set by JTI.

 

Participants are prohibited from any direct and/or indirect contact with the public media, except if previously authorized by JTI in writing.

During the Challenge the Participants may have access to confidential information related to JTI or its employees (including but not limited to commercial, financial, scientific, industrial or marketing information, know-how), in writing, oral, electronic format, or in any other manner. The Participants shall not disclose this information and shall take the necessary measures to keep this information strictly confidential, with the exception of information, which is already in the public domain. 

All work product, know-how and documents in any format prepared or created by the Participants and/or JTI in relation to the Challenge, except that which has been created for public dissemination and has in fact been publicly disseminated, is considered confidential information. The Participants shall not disclose this information and shall take the necessary measures to keep this information strictly confidential, with the exception of information, which is already in the public domain or with JTI prior written consent.

The confidentiality obligation will survive the termination of the Challenge, for whatever reason, for an indefinite period.

The Participant shall defend, indemnify and hold JTI harmless, from and against all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal fees arising from unauthorized and prohibited disclosure of confidential information.

JTI will acquire ownership of the Participants` submissions (“Works”) which are selected by JTI during the Challenge (Country Selection, as described under clause 4 of the Official Rules) and will acquire all Intellectual Property Rights (as defined below) subsisting in the Works, free of charge. Participants will renounce ownership to any and all Intellectual Property Rights subsisting in the Works and will expressly assign all right, title and interest thereto exclusively and irrevocably to JTI without limitation of place and time. Upon JTI’s request, the Participants shall execute and sign the document relating to the assignment of Intellectual Property Rights in a format suggested by JTI (a physical signature or a digital signature). The assignment of IP Rights will be granted and accepted free of charge. Upon JTI becoming the exclusive owner of the Works, JTI shall be free to use the Works at its sole discretion and allow such use by any third parties. These rights of use include, without limitation, the right of publication, reproduction, alteration, adaptation, modification, translation in any media, whether in whole or in part. The Participants waive all moral rights or rights of a similar nature vested in the Works to which they may be entitled now or in the future in any part of the world.

Intellectual Property Rights, IP Rights or IPRs means, copyright and related rights, trademarks, designs, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

Any registrations or applications for IP Rights in the Works already owned by the Participants before registering to the Challenge (including but not limited to trademark or design registrations or pending applications) may be used in the Challenge by the Participant provided he/she agrees to expressly assign such IP Rights to JTI and sign the document relating to the assignment of Intellectual Property Rights upon JTI’s request in a format suggested by JTI (a physical signature or a digital signature). 

Participants must submit their projects and concepts in a general way that clearly explains their potential without including or disclosing specific details/images which might lead to a patent application. 

Participants who have filed patent applications or patents or have rights to inventions before submitting the registration application to the Challenge or who invent ideas worthy of patent protection after having submitted the registration application to the Challenge, agree to exclusively offer the option to JTI to purchase such ideas or patent applications, under good faith negotiations, for a period of six (6) months as from the conclusion of the Challenge in which the Participant enrolled, that is, the date in which the winning Participant of the main Prize of the relevant Challenge has been announced.

Participants are made aware that any ideas, materials or items submitted through this Challenge might become public.

Participants must indicate how advanced they are with their concepts upon submission by choosing from the following options: 

• Idea stage
• Prototyping
• Already patented
• Already trademarked / design rights obtained or applications pending
• Start up

Similar development within JTI, for works that give rise to any IP Rights, patent applications or patents, may be currently under progress. In such case, the Participant acknowledges and agrees that he/she shall have no rights over such developments and works and JTI is and will remain the sole owner of the IP Rights, patent applications or patents related thereto.

You hereby expressly declare that:

• you are the owner of the content which you publish, in connection with the Challenge, via the Platform or otherwise; and you are the owner of the IP Rights in the Works and have full power to assign these rights.
• the publication of such content is not in violation of any intellectual property rights of third parties such as copyright or privacy laws whatsoever.
• and you hold any and all rights and all necessary authorizations required for the quiet enjoyment by JTI of the IP rights assigned.
• the Works are original and have not been copied wholly or substantially from any other work or material;
• you have not given and will not give permission to any third party to use any of the Works nor any of the IP Rights in the Works anywhere in the world;
• to the best of your knowledge, you are unaware of any use by any third party of any of the Works; and
• to the best of your knowledge, the exercise by JTI of the rights assigned to it will not infringe the rights of any third party.

JTI MAKE IT BRIGHT Challenge, its concepts, content such as texts, slogans and illustrations, look-and-feel, logos, and all other graphic elements related thereto as well as JTI`s corporate logo and JTI`s trademarks are and will remain the sole property of JTI who is the owner of all Intellectual Property Rights related thereto.

JTI can, in connection with the Challenge, reproduce, represent, modify, adapt, transfer and distribute the image of any Participant, for internal or external communications, including corporate communication, as well as for all public and press relations purposes, and for all commercial, promotional and advertising purposes, including promotion of JTI, on all support medias including those which are unknown on the date of the Challenge.

The Participant will not be remunerated in any manner for the use of his/her image by JTI. 

JTI may use the Participant’s image for a period of five (5) years from the registration in the Challenge. It is understood that communication materials reproducing Participants’ image may be difficult to remove from JTI’s social media channels and sharing websites (such as Facebook, Instagram, LinkedIn YouTube, Twitter, etc.), and Participants agree that such communication materials may remain on social media channels and sharing websites as they were originally posted provided that after the aforementioned five (5) years term, JTI shall not repost or authorize others to repost such materials.

The term “image” is understood as referring to the full set of attributes of the Participant’s personality, including but not limited to his/her image, voice, family name and forenames, signature, capacities stemming from his/her professional activities and his/her professional designation(s).

• Participants act under their sole and full responsibility at all times during the Challenge. JTI shall not be held liable for the behaviour of the Participant and content submitted or posted by the Participant in connection with the Challenge.
• JTI shall not be held responsible in case of total or partial modification, suspension, interruption, adjournment or cancellation of whole or part of the Challenge.
• JTI shall not be held responsible for the consequences of a disqualification of a Participant, due to a violation of the Governing Rules or any other reason.
• JTI shall not be liable for any indirect, consequential or special damages (including loss of profit, reputational damages or other) or for any damages due to Acts of God, governmental actions, other force majeur circumstances or third party actions or omissions and shall not be liable to pay any amount as compensation or otherwise for any such loss.
• JTI shall not be responsible for breakdown or dysfunction of telecommunications network, whatever the cause is, which would especially have the effect of damaging or preventing the identification or the access of the Participant on the Platform or any other useful web site for the participation in the Challenge.
• The participation in the Challenge implies knowledge and acceptance of the characteristics, limitations and risks of the internet network and the technologies which are linked to it, particularly in consideration of the performances, in response time, in the security of the software and the computer hardware towards diverse potential attacks such as virus, logic bomb or Trojan horse and in the loss or in diversion of data. As a consequence, JTI shall not be responsible for damages caused to the Participant because of these accepted characteristics, limitations and risks.
• JTI cannot, in any case, be held responsible for any damage caused by the defect or the delay of delivery of the deliverables, especially for the refusal to consider these deliverables because of a late submission, or for any damage caused by an impossibility to connect to the relevant websites or to upload/download correctly any deliverable, the defect or the delivery time of any e-mail sent during the Challenge, or for any damage caused by any hurdle preventing the Participant to attend or participate to whole or part of the Challenge.
• JTI shall not be responsible for errors in the entries of Participants, malfunction of the Platform, incorrect e-mail addresses, or connection problems related to the Challenge.
• The Platform may contain links to other websites. JTI does not control those websites and is not responsible for their content. By including these links, JTI is not endorsing the material on those websites or implying any association with their operators.

For any information on the processing of your personal data, or how to exercise a right to access, correct, object and delete the personal data, please look up our Privacy Policy, which governs the use of the Platform.

Participants exercising the right to delete their personal data prior to the end of the Challenge shall be deemed to have waived and withdrawn their right to participation. 

JTI reserves the right to shorten, modify, or cancel the Challenge, for any reason, without the Participant being able to claim compensation thereof. 

JTI reserves the right to modify or suspend all or part of the Participant’s access to the Platform or its features, at its sole discretion, temporarily or permanently.

JTI reserves the right to amend the Governing Rules for any reason and at any time. Any amendment will be published on the Platform. 

In the event that any part of the Governing Rules is declared null or void, it shall have no impact on the validity of the Governing Rules.

These rules are governed by Swiss law and all disputes arising from the challenge will be subject to the exclusive jurisdiction of the competent Swiss courts.