Terms &
Conditions

This digital platform Negosolve (Platform) is operated by or on behalf of JT International (Philippines) Inc. (“JTI“), a corporation based in the Philippines for trade partners, retailers, and wholesalers aged 18 years old and above residing in the Philippines, who voluntarily registered in the Platform, and provided a valid government-issued identification to establish their age.  In the course of registering in the Platform, you will have been asked to read and agree to these Terms and Conditions. Therefore, by registration, you confirm to have read, be bound, and abide by, these Terms and Conditions.

Platform Members/Users

The Platform is intended for verified trade partners, retailers, and wholesalers 18 years old and above residing in the Philippines who participated in face-to-face promotions in Points-of-Sale and/or voluntarily registered in the Platform and provided a valid government-issued identification to establish their age.  Access to the Platform is strictly personal to the member and must not be shared with anyone else.

Use of the Platform and its Contents

The Platform and all its contents (including but not limited to messages posted in the Platform, if any, software, files, graphics, data, images and other contents) (“Content“) are the exclusive property of JTI, its affiliates, and/or its licensors and are protected by the intellectual property laws of the Philippines and other countries.  The Platform and its Content are provided solely for your personal use. Any other use of the Platform and its Content, including but not limited to:

• using the Platform and its Content for business, or any commercial purposes, whether directly or indirectly;
• distributing, sharing, copying, reproducing or publishing the Content, in whatever form (including but not limited to print, digital, or other mediums that may be developed in the future), or
• modifying, distributing, transmitting, performing, broadcasting, reproducing, publishing licensing, or reverse engineering parts or all of the Platform and its Content, without the prior written permission of JTI, is expressly prohibited.

JTI reserves the right to unilaterally deny access to any member of the Platform should there be unauthorized, fraudulent, and/or abusive use of the Platform and its Content, in addition to subjecting the member to prosecution in the appropriate bodies or courts, as may be allowed by law and equity.  Any determination in this respect rests on the sole discretion of JTI, which is final and unappealable.

Without limiting the right of JTI to reject or remove any comment or message posted in the Platform (to the extent that this functionality has been made available), any comment or message you post or any submission you make (after registration and successful verification of your account in the Platform) must not:

• refer to or contain an image of a cigarette or the use of a cigarette;
• refer to or contain alcoholic products, or products prohibited by law (i.e., illegal drugs, etc.);
• refer to or contain a minor or a person who appears a minor (i.e., a person less than eighteen (18) years old);
• refer to or contain an endorsement of JTI’s product by a celebrity, whether express or implied;
• refer to or contain a cartoon;
• refer to or contain humans or animals with comically exaggerated features;
• refer to or contain material that attributes human or unnatural characteristics to animals, plants, or other objects;
• contain swear words, abusive language, or other language likely to offend;
• be racist, sexist, sexually explicit, abusive, or otherwise objectionable;
• be derogatory to other users or other brands (JTI and competing brands);
• break the law, or condone or encourage unlawful activity;
• be shared in any manner outside the Platform, through social media and other means of similar import that are accessible to the general public and without any measures taken to limit exposure to existing adult smokers; or
• be otherwise unlawful, inappropriate, or objectionable in any manner.

Tobacco products carry risks to health.  These risks distinguish tobacco from most consumer goods and they place upon the industry a real responsibility. It is a responsibility for which JTI expects to be held accountable, together with governments and the rest of society.  More information on JTI’s core principles is available at https://www.jti.com/about-us/our-business/our-six-core-principles.

 

To the extent this functionality is available, you acknowledge that you are solely responsible for any information, data, personal views or beliefs, or any material whatsoever that you share in the Platform, including the accuracy, legality, reliability and appropriateness of all such information, data, personal views or material.  You acknowledge that JTI cannot guarantee the accuracy, integrity or quality of your messages posted in the Platform and that JTI cannot be held liable for their contents. You also acknowledge that you bear all risk associated with your use of the Platform and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

Account Termination 

JTI reserves the right to terminate or ban your account immediately if we determine that you have seriously or repeatedly breached our Terms and Conditions, including in particular any of the following:

• Allowing or authorizing another person/entity/AI/bot to access your account for whatever reason. The account can only be used by the registered user. For avoidance of doubt, any usage of the account by any other person, entity, AI or bot shall be deemed as a violation. This includes Piloting schemes, use of bots, having other persons (including family members and friends) to use the account.
• Use of bots, automations, AI or the like;
• Fraudulent use of the account;
• Improper use of the account;
• Tampering of the account, website, cookies and the like;
• Creating multiple or duplicate accounts;
• Other actions that may seek to circumvent or damage the site or its activities.

Members/Users are responsible to safeguard their account details and JTI will not entertain any account recovery for terminated accounts.

As a result of termination or banning, you will lose your account and all data, information, and rewards associated herewith, including earned coins, points, tickets, and/or vouchers. Furthermore, you will also be banned and prohibited from creating and/or accessing your accounts in all JTI platforms and websites.

The Company is under no obligation to compensate you for any such loss.

Data Privacy

We, at JTI, value your privacy.  By registration in the Platform, you are made to expressly agree to our Privacy Policy.  A copy of our Privacy Policy is available at negosolve.ph/privacy-policy, or through the appropriate tab in the Negosolve website.

Disclaimer

Your use of the Platform is at your sole risk.  JTI disclaims all warranties, express or implied, including but not limited to the implied warranties that the Platform and its Content are non-infringing, accurate and appropriate; that access to the Platform will be uninterrupted and error-free; or that the Platform will be secure.  You will be solely responsible for any damage to your device that results from the use of the Platform, and assume the entire cost of service, repair, or replacement thereof.

Limitation of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither JTI nor any of its respective affiliates, or third party service providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Platform or from any actions we take or fail to take as a result of your communication with us. These include damages for errors, omissions, inaccuracies, interruptions, defects, delays, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

Indemnification

You agree to indemnify, defend, and hold harmless JTI and any of its affiliates or subsidiaries, and its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from any violation of these Terms and Conditions (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Platform using your unique registration credentials.

Jurisdiction and Governing Law

These Terms and Conditions and Your use of the Platform shall be governed by the laws of the Republic of the Philippines, and you irrevocably consent to the exclusive jurisdiction of the courts located in Taguig City, for any action to enforce these Terms and Conditions.  The Platform’s functionality has been designed to comply with Philippine law.

Amendments and Last Update

JTI reserves the right to modify these Terms and Conditions by posting them in this Platform.  It is your responsibility to periodically check for any changes we make.  You are deemed to have been notified of and expressly accepted the changes to our Terms and Conditions by continued membership in and use of our Platform, and through your participation in JTI’s programs.

These Terms and Conditions of Use were issued/updated on October 2023.

Contact Us

For any questions You may have about these Terms and Conditions, you can contact [email protected].

PROMOTION TITLE: NegoSolve Instant Raffle Promo
PROMOTION PERIOD: July 1, 2024 to September 30, 2024

PROMO CONCEPT
The Negosolve Trade Engagement Platform (Negosolve) will have an Instant Raffle Promo where successfully registered, activated, and verified retailers and wholesalers (collectively referred to as Verified Members) can choose to use their earned tickets for a chance to instantly win prizes. The Verified Members will be informed of the raffle result outright.

I. ELIGIBILITY; GENERAL TERMS AND CONDITIONS.

1. The Negosolve Instant Raffle Promo (Promotion) is open only to all JTI covered retailers/wholesalers residing in the Philippines who are at least eighteen (18) years old and above at the time of joining and are successfully registered, verified, and activated outlets (Activated Outlets) of Negosolve.ph.

2. Employees of JT International (Philippines) Inc. (JTI), its affiliates, distributors, third-party vendors, and service providers (collectively referred to as Organizers of the Promotion), their relatives up to 4th degree of consanguinity or affinity are disqualified from joining.

3. By joining and participating in the Promotion, each Activated Outlets (the “Promotion Participants”) confirms, agrees, and acknowledges that:
   • Promotion Participants have read the full mechanics of this Promotion and agree to abide by the terms and conditions of the same;
   • JTI is permitted to receive the Promotion Participants’ registration data and all personal information supplied by the Promotion Participant will be used by JTI in accordance with its privacy policy, for the purpose of running the Promotion, and other marketing activities;
   • Organizers of the Promotion have the right to identify Promotion Participant as a participant or a winner in the Promotion and communicate the same at any time, in any territory in the Philippines and through any medium of release (including digital and social media platforms, where allowed by applicable law);
   • Promotion Participants shall hold Organizers of the Promotion free and harmless from any and all claims, suits and actions for damages or liabilities that may be brought by them, or other persons, natural or juridical, in connection with their participation in this Promotion as well as the statements and declarations made by participant in relation to the Promotion;
   • Organizers of the Promotion may, without further compensation to Promotion Participant: (a) reproduce, distribute, adapt, modify, make available, and/or communicate to the public, exhibit, or broadcast any material or information regarding this Promotion, by any means or media without restriction of any kind as to quantity, purpose or time, whether commercial or otherwise, or to any territory in the Philippines (including those using digital and social media platforms, where allowed by applicable law); and (b) authorize any of the above activities; and
   • Organizers of the Promotion shall not be liable for any unauthorized use, reproduction, and/or adaptations by third parties of any material or information regarding this Promotion.

4. Joining the Promotion is not mandatory. Activated Outlets may choose not to participate in the Promotion.

5. JTI reserves the right to modify, or change the mechanics of the Promotion. Any such change shall be communicated to the Activated Outlets by posting announcements on the Website and/or through other suitable means at JTI’s sole and reasonable discretion.

6. Promotion Participants who use multiple registration accounts shall automatically be disqualified. JTI reserves the right to suspend or block an Activated Outlet’s account should there be a well-founded belief, as shown by evidence, that there are irregularities in, and/or fraudulent use of the Activated Outlet’s account.

7. JTI reserves the right to suspend, block, and/or ban any participant found to have used his/her account irregularly, fraudulently, or in any manner appears to abuse or take advantage of the Promotion by any form of deceit or similar machinations. You can only exchange your tickets for raffle entries for a maximum of 10x per day, from 12:00 AM to 11:59 PM.

8. JTI reserves the right to amend or cancel the Promotion without notice should there be any event of cheating, fraud, security or data breach (or threatened breach), violation of applicable laws or regulations, or an event considered as force majeure (such as, but not limited to, acts of God, technical issues, pandemic, civil unrest, coup d’état or military takeover, and/or any events which are beyond the reasonable control of JTI).

II. PROGRAM PERIOD AND SCOPE

The Promotion period commences from July 1, 2024 to September 30, 2024 (Promotion Period). JTI reserves the right to shorten or extend the Promotion period, and/or reduce or expand the geographical coverage as the circumstances warrant

III. PROMOTION MECHANICS

1. Activated Outlets will need to earn tickets for them to be eligible to participate in the Promotion. Tickets can be earned by accomplishing specific tasks or activities specified on the Website. Below is the list of tasks/activities that each Activated Outlet can do to earn points:

Tasks / Activities	Ticket/s to Earn	Frequency
Upon Successful Registration and First Login to the Website	100 tickets	1x a Verified Member/Smoker lifetime
Daily Login Bonus	1 ticket	First successful login for the day
Completed Feedback and Survey Forms	5 tickets	1x per unique Feedback / Survey form completed
10 Day Consecutive Login Bonus	50 tickets	10 consecutive days’ successful log-in by a member on the website
Consumption of Content/Quote Cards	1 ticket	Max of 1 ticket per content
Consumption of Infographics	1 Ticket	1 Ticket / Infographic
Consumption of Bite-Sized Videos	5 Tickets	5 Tickets / Video
* For WS Only – Successful contract signing with JTI	100 Tickets	Within in the duration of the program

 

*New tasks/activities may be added to this list from time to time during the Instant Raffle Promotion Period

2. An Activated Outlet will NOT be able to earn tickets once the maximum frequency for earning tickets by accomplishing the tasks/activities have been met.
3. Earning tickets and being a Promotion Participant will NOT guarantee an Activated Outlet that he/she will win prizes in the Promotion.
4. All January 1, 2023, up to December 31, 2023, acquired tickets in Negosolve, will expire on July 30, 2024.
5. Tickets earned can be spent for a chance to win various prizes. Prizes to be given away are as follows:

Item Description	Qty	Months
Android Cellphone	50	3
Android Tablet	40	3
HDTV Smart TV	30	3
JBL Party Box	50	3
Asus Laptop	40	3
Motorcycle	12	3
Piaggio Mini Van	12	3
Toyota Rush	1	1

**Quantities of existing prizes and addition of new prizes may be revised from time to time during the Promotion period. Changes will be communicated on the Website.

6. An Activated Outlet can only spend his/her tickets for a maximum of ten (10) chances to win per day (12:00 am – 11:59pm) in the Promotion.
7. Upon choosing the desired prize, a Promotion Participant will have to spend the corresponding number of tickets to get a chance to win the prize. He/she will instantaneously receive a pop-up message upon confirming to spend the required number of tickets.
8. Once tickets are used, these will be deducted from the Promotion Participant’s total earned tickets and can no longer be refunded.
9. A Promotion Participant may win prizes from all categories following the maximum frequencies indicated below:

Prize Categories	Maximum Frequency (within the Promotion Period)
Minor	Once per month
Major	Once per quarter
Grand	Once per quarter

10. If the participant wins more than once, the participant gets to win the highest value item he/she won.
11. The winners of minor and major prizes will be validated by JTI’s partner third party agency and will be informed of their prize.
12. All rewards and rewards notifications will be sent to Promotion Participant’s registered mobile number, which mobile number is presumed to be valid and correct unless JTI is otherwise advised in writing. Should the Promotion Participant change his/her mobile number during the Promotion Period, he/she must update his/her registration details under “My Profile” of the Website. It is the Promotion Participant’s obligation to keep his/her registered mobile number updated at all times. JTI assumes no responsibility for rewards that are disbursed to registered mobile numbers in its database.
13. Prior to awarding the prize, JTI reserves the right to declare a drawn winner ineligible or disqualified should he/she be found to have used his/her account irregularly, fraudulently, or in any manner appears to abuse or to take advantage of the Promotion by any form of deceit or similar machinations.
14. The major and grand prize winners will be notified via a phone call and/or via SMS. The instructions for claiming their prizes shall be discussed with them separately. The winners will have 45 days from the end of the Promotion Period to claim his/her prize. Failure to claim the prize within the 45-day period will result in forfeiture of the prize.
15. The winner must present two (2) government issued IDs upon claiming the grand prize. If the winner is unable to present a valid government-issued ID, he/she must submit:

• An Affidavit of two (2) disinterested persons (i.e., not a relative within the 6^th degree of consanguinity or affinity), attesting to her identity and her age

• A Barangay Certification from the Chairperson of the barangay where he/she resides, certifying that the winner is a resident of the barangay and attesting to his/her identity and age.

16. JTI reserves the right to validate the Promotion Participant’s eligibility status at any time, and to disqualify/block/ban him/her should there be a well-founded belief supported by evidence that there are irregularities or fraud in the use of the registered account and/or participation in the Promotion.
17. This Promotion is run on an “As-Is” and “As-Available” basis and JTI gives no warranties of any kind, whether express, implied, statutory or otherwise including warranties or representations that the materials found in the Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to the links found therein, will be uninterrupted, error-free, and/or secure; or that any opinion obtained from links found in the Website, including those provided by the contestants, is accurate or to be relied upon. Where applicable, prizes will be supplied with standard manufacturer’s / dealer’s warranties only. JTI shall not be responsible for any warranty claims over the prizes.
18. All rewards and prizes of the Promotion are non-transferrable and not convertible to cash.

IV. OTHER TERMS AND CONDITIONS

1. By joining the Promotion, each Promotion Participant agrees to provide JTI, its authorized representatives, and third-party service providers contracted to run this Promotion with sensitive personal information such as his/her name, address, birth date, contact number, and a copy of a government-issued ID to determine identity, capacity, and eligibility to participate in the Promotion. For this purpose, the Promotion Participant has given consent for JTI to:

• 1. communicate with him/her, to the extent allowed by applicable laws and through all means (phone call, SMS, email, mail, social media and/or any digital platform), any communication relating to JTI’s tobacco business including but not limited to new products / brands, marketing activities including direct marketing and interest-based/personalized advertising (in JTI’s, its affiliates’ or third-party owned/managed age-gated, adult-only channels), events, partner establishments, partner designated smoking areas, and/or updates on regulations relating to tobacco sale, distribution, use, and/or advertising/promotion;
  2. contact him/her to participate in research / surveys regarding his/her experience in using JTI’s brands;
  3. analyze personal information provided via web analytics, due diligence, or any similar means in order to communicate with, and reach him/her in a more personal and specific manner;
  4. anonymize personal information for statistical and product study purposes;
  5. use and store his/her personal information so JTI can validate his/her age, contact him/her, and comply with applicable law and its internal policies and procedures. Personal information shall be stored at a secure cloud storage in the Philippines, Asia Pacific, or within the European Union. JTI will store the personal information for a period five (5) years from date of registration unless the Promotion Participant gives consent by continuously using the services of the Website. After this retention period, the personal information will be destroyed by JTI and/or its third-party service provider;
  6. allow him/her to exercise any of the rights as data subject under the Data Privacy Act of 2012 and contact JTI directly at [email protected];
  7. conduct face-to-face or remote age verification (through presentation of a government-issued bearing your photo and date of birth) for the purpose of determining his/her eligibility to participate in, and for any other lawful purpose connected to the Promotion and JTI’s brands. Participant also consents to the use of his/her photo captured during events as part of the brand’s internal documentation, for promotion, and any other lawful commercial purposes; and
  8. disclose his/her personal information to authorities (only when required by law), JTI’s affiliates for the purpose of conducting the above for its own or related purpose/s, and/or JTI’s third party service providers to accomplish the purposes stated above. JTI will not share your personal information to the said third parties for any other purpose other than the purposes above mentioned.

• Upon reasonable request, each participant may exercise any of his rights under the Data Privacy Act of 2012 and its Implementing Rules and Regulations, including the right to request for access to personal information shared, to correct inaccurate information, and/or to delete personal information through email at [email protected].

2. All decisions of JTI and/or its third-party service providers regarding the interpretation or implementation of these mechanics are final and unappealable.

3. By joining the Promotion, each Promotion Participant confirms that:

• (a) he/she is an existing adult trade partner residing in the Philippines aged 18 years old or above;
• (b) he/she has read and understood the mechanics of the Promotion; and
• (c) he/she agrees to be bound and to abide by the mechanics of this Promotion.

4. Each Promotion Participant assumes all risks, threatened or otherwise, associated with joining this Promotion. For this purpose, each Promotion Participant holds JTI, its affiliates, employees, and third-party service providers free and harmless from any kind of liability, claims for losses, damages, or injury (including indirect, consequential, special, or those relating to opportunity losses, or loss of income), and/or damages that he/she may suffer in connection with the Promotion.

5. Except as otherwise expressly provided, JTI shall not shoulder any costs, expenses, taxes, and fees of any kind related to the implementation of this Promotion.

6. This Promotion is being conducted pursuant to Republic Act No. 9211, otherwise known as the Tobacco Regulation Act of 2003 (TRA); IAC-T Memorandum Circular No. 1, Series of 2004, otherwise known as the Rules and Regulations Implementing Republic Act No. 9211; and other applicable laws.

7. This Promotion material shall only be distributed and/or posted within Point-of-Sale Premises as this term is defined under, and/or in closed, age-gated digital platforms according to the terms of, the TRA. Tobacco products are not for sale / distribution to minors.

8. For any questions / concerns, please contact us through [email protected].