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 be students or recent graduates between 21 and 27 years of age.
Participants must reside in one of the following countries: Afghanistan, Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Bermuda, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, Cameroon, Canada, Canary Islands, China, Croatia, Cyprus, Czech Republic, Denmark, DR Congo, Egypt, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guinea, Guinea-Bissau, Hong Kong, Hungary, Iceland, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kiribati, Kosovo, Kuwait, Kyrgyzstan, La Reunion, Latvia, Lebanon, Libya, Lithuania, Luxembourg, Macau, Macedonia, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mayotte, Mexico, Moldova, Mongolia, Montenegro, Morocco, Myanmar, Namibia, Nepal, Netherlands, New Caledonia, Nigeria, North Sudan, Northern Cyprus, Norway, Oman, Palestine, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Serbia, Sierra Leone, Singapore, Slovak Republic, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Tunisia, Turkey, Turkmenistan, UAE, UK, Ukraine, USA, Uzbekistan, Vietnam, Zambia.
Participants must register to the challenge on the Instagram application 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, neither they should harass or intimidate others.
During the Challenge, Participants agree:
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:
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 Instagram application) 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 their Instagram username during the Challenge 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:
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:
A Participant may cancel their participation at any time by writing a DM on Instagram and choosing the cancellation option from the list of buttons. Cancelling a participation for any reason and at any time will lead to disqualification from the Challenge. NOTE: if you'd like to have your data erased, please send an email to support@makeitbrightchallenge.com.
If JTI has reason to believe that a Participant has breached the Governing Rules, JTI may at its sole discretion, temporarily or permanently, suspend or disqualify the participant.
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, during the final event in Barcelona, JTI will cover travelling expenses (flight tickets and/or train tickets, transfer costs between airport/train station and the hotel) and the accommodation expenses. JTI will be in charge of the booking at its sole discretion and payment related to the travelling expenses for the final event in Barcelona.
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.
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:
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).
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.