THIS WEBSITE IS PROVIDED ONLY FOR USE BY PEOPLE WHO ARE 18 OR OVER BY CONTINUING TO USE THIS WEBSITE YOU ARE CONFIRMING THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ACCEPT OUR TERMS AND CONDITIONS SET OUT BELOW. IF YOU ARE UNDER 18 OR DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY
This website is provided by Imperial Tobacco Ltd ("we", "us", "our") a company incorporated in England and Wales under company number 01860181. If you need any information or have a complaint about this website or any of our services please contact us by one of the following methods:
Mail (registered office):
Imperial Tobacco Limited
From time to time, this website may include competitions for which additional terms, which form part of these terms and conditions, apply.
Additional terms, which form part of these terms and conditions, apply to the use of this Imperial Tobacco Ltd website.
The email address for Smoke Spots enquiries and complaints for this website is email@example.com.
During the registration process you may be allocated, or invited to choose, your own user ID and password which will be unique to you. You are responsible for keeping your user ID and password confidential and for ensuring that they are not used by any other person.
Information on our website
1. A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, links, data and other materials (“the Materials”) is or may be available on this website. Some of the Materials are provided by Imperial and other Materials are or may be provided by other users of this website or by other third parties.
2. This website and the Materials on it are provided free of charge and although we strive to keep the Materials that we post on this website accurate, complete and up-to-date, we cannot guarantee, and are not responsible for, the accuracy, integrity, quality, completeness or timeliness of any Materials whether provided by ourselves or by other website users or third parties, nor that they will not be objectionable to you.
3. Neither Imperial nor any of our collaborators involved in this website or our (or their) subsidiary or affiliated companies or any other company or individual involved in the operation of this website accept any liability to you arising out of the inaccuracy of information shown on this website whether arising in contract, tort (including negligence) or otherwise except where it is unlawful to exclude such liability and, for the avoidance of doubt, liability is not excluded by any of the aforementioned companies or individuals for fraud or fraudulent misrepresentation or for personal injury or death caused by its negligence.
4. Imperial does not warrant or represent that this website or any of the Materials are accurate, complete, current or suitable for any purpose, that this website and the Materials will be free of defects or viruses or that your use of the website or the Materials will be uninterrupted or error-free. Any items offering information have been prepared for general interest only and nothing contained in the pages of this website should be construed as legal, financial or other professional advice. Detailed professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in this website.
5. To the maximum extent permitted by law, we expressly disclaim our liability for any errors, inaccuracies or omissions in the Materials and exclude all loss or damage you may suffer as a result of your use or reliance on the Materials.
6. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of the Materials at any time without notice and without incurring any liability.
7. If you wish to bring our attention to any unlawful activity associated with any Materials posted by another user or otherwise available on this website and you would like to file a complaint with us, please use the “report abuse or error” link found on any page which contains Materials supplied by users.
Ownership of materials and licence terms
1. This website and any Materials on it or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Imperial and/or third parties. You are permitted to display the Materials on this website on a computer screen or mobile device and to download and print a hard copy for your personal use provided you do not alter or remove any of the content or any part of the website without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
2. You agree not to:
a. use this website or any of the materials on it for:
i. any unlawful purpose or in contravention of applicable law;
ii. commercial exploitation without our prior written consent; or
iii. any purpose or in any manner that may give a false or misleading impression of us, our staff or our services;
b. use, upload or transmit:
i. any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person; or
ii. any device, software, file or mechanism which may interfere with the proper operation of this website or our systems;
c. do anything that may interfere with or disrupt this website or our service; or
d. encourage or permit others to do any of the above.
3. Images of people or places displayed on this website are either the property of, or used with permission by, Imperial. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on this website. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
Content posted on our website
For the purposes of these Terms and Conditions, “Content” means any information or Materials that you or other users post on public areas of our website.
1. We accept no liability for any Content supplied by any user for display on this website.
2. You warrant that you own, or have obtained an adequate licence from the owner of, the intellectual property rights in any logos, photographs and other images or text that you post that enables that Content to be lawfully displayed on our website;
3. All intellectual property rights in the Content (other than logos, photographs and other images) will vest in Imperial absolutely (by way of a present assignment of future rights) who may use, license or transfer such rights as it sees fit in its absolute discretion and any moral rights in the Content are waived or not asserted.
4. You shall not use this website for any illegal purposes and in particular you shall not send, use, copy, post or submit to us any material which is defamatory (or obscene within the meaning of the Obscene Publications Acts 1959 and 1964) or which is abusive, indecent or in breach of the privacy of any person or infringes the rights of any third party. You agree not to interfere with the operation of this website or with the enjoyment of this website by other visitors.
5. You warrant that you have taken all reasonable precautions to ensure that any Content you upload or otherwise submit to this website, including links to other websites, is free from viruses and anything else which may have a contaminating or destructive effect on any part of this website or any other technology. We may remove or disable any Content at any time.
6. You are responsible for ensuring that any Content you post is accurate, complete and up-to-date. You can amend or update the Content you post or remove it from the website by emailing us at firstname.lastname@example.org. We accept no responsibility for the accuracy of information supplied by you or by other website users or third parties or the accuracy of information about any venue.
7. You are responsible for ensuring that you do not upload or submit any Content that is untrue, defamatory, obscene or abusive, or otherwise objectionable or in breach of any applicable laws or rights of third parties.
8. Your Content is submitted at your own expense and Imperial shall not be liable to reimburse you for any expenses incurred in making a submission. Imperial does not accept any responsibility for loss or damage to any Content during the upload process.
9. You must abide by our House Rules set out in Section 3 below in relation to any Content that you post.
10. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on this website that we consider to constitute a misuse of this website or which is otherwise harmful to other users of this website.
In the event that you do not comply with any of the above restrictions, any person affected by your actions may bring a claim against you and/or Imperial. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.
Monitoring and moderating
Imperial may monitor and moderate activity and Content on this website and may take any action we consider appropriate if we suspect you may be in breach of any part of these Terms and Conditions (including, without limitation, the House Rules set out in Section 3), including removing content, suspending you and notifying the authorities or relevant regulators of your activities.
1. Imperial reserves the right to remove any Content provided by website users if it believes such Content to be contrary to the House Rules set out in Section 3 below, in breach of these Terms and Conditions, a violation of applicable law or in any other way unacceptable or inappropriate.
2. If your Content contains what appears to be illegal conduct, Imperial may notify law enforcement authorities or may permit Imperial to do so.
3. If Imperial receives any complaint about any of your Content, Imperial reserves the right to remove that Content or any part of it, whether or not the complaint is justified, and Imperial shall have no liability to you if it does so.
4. If you wish to bring our attention to any Content that appears to you to be unacceptable within the meaning of these Terms and Conditions, please use the “report abuse or error” link found on any page which contains Content supplied by users.
1. Internet transmissions are never completely private or secure and there is a risk that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.
2. This website may contain links to other websites, either posted by us or by other users, that are owned and controlled by third parties. These links are provided for your convenience only and third party websites will be governed by their own terms and conditions. We have no control over and have no liability in respect of those websites and links to any such websites should not be interpreted as endorsement by us of those linked websites.
Imperial reserves the right to transfer this website service together with any information (including trade customer and consumer details and content) to any other legal entity in its absolute discretion and without requiring consent.
We make no guarantee that this website will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content at any time without notice and without incurring any liability.
Use of this website outside England and Wales
1. Imperial makes no claims or representations that any or all of the content of this website may be lawfully viewed or downloaded outside England and Wales and, unless otherwise specifically stated, the content and this website are directed solely at users who access this website from England and Wales.
2. If you choose to access the website from outside England and Wales, you do so at your own risk and you are responsible for compliance with the laws of the relevant jurisdiction.
You will indemnify us and keep us indemnified against any claim or loss (including, without limitation, economic loss) suffered by us arising out of your failure to observe any of these Terms and Conditions.
Limitation of liability
1. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, our website; or
b. use of or reliance on any content displayed on our site.
4. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, where such loss or damage is not a reasonably foreseeable result of any breach of contract or breach of a legal duty of care owed to you by us, or where there is no such breach, or where any such loss or damage results from a breach by you of these Terms and Conditions.
5. We will not be liable for:
a. Any loss of profits, sales, business or revenue;
b. Business interruption;
c. Loss of anticipated savings;
d. Loss of business opportunity, goodwill or reputation; or
e. Any other indirect or consequential loss or damage.
6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.
Third party rights
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.
No delay or decision not to enforce rights under these Terms and Conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
These Terms and Conditions are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. The new version will be posted on this website and will take effect immediately upon posting. If you use the website after the new Terms and Conditions have come into effect, you will be indicating your agreement to be bound by the new Terms and Conditions.
You are entirely responsible for any Content you submit. You agree and confirm that you will abide by the following House Rules in relation to any Content you submit.
1. Before you feature anyone else in your submission, you must have obtained their consent to film or photograph or record them and to submit the Content.
2. Everything you submit must be your own original work and not copied from anyone else’s. By submitting Content you agree and confirm that your submission does not infringe the copyright or any other rights of any third party. If you include anyone else's Material in your submission, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the Material. This includes Material downloaded or copied from a website. Musical compositions (such as lyrics, composition and arrangement) must be your own work or cleared by the appropriate rights holder.
3. Do not include anything that is illegal, pornographic, obscene, indecent, harassing, threatening or offensive – no nudity, sexual activity or foul language. No images featuring people under 18 years of age.
4. Do not mention any court cases or arrests – this could constitute contempt of court.
5. Do not include anything about any living person or business which is defamatory, libellous or slanderous.
6. Do not include anything which is racist, abusive, malicious or derogatory (toward an individual or business entity).
7. Do not submit anything confidential, or covertly film or photograph or record anyone or infringe anyone's right to privacy.
8. Nothing in your Content should promote, show or encourage cruelty, bullying, violence, vandalism, fraudulent or criminal acts.
9. Do not include images or descriptions of anything which could cause physical harm to anyone if replicated.
10. Do not include personal contact details (including where you work or live) or anyone else's personal contact details in your Content. You may be asked to provide contact details when you submit certain sorts of Content in case we need to contact you but, unless expressed at the time, these details will not be made public.
11. Content must not feature predominantly or solely a trademark or logo.
12. Nothing in the Content must be offensive or derogatory to any person or group based on their race, ethnicity, skin colour, sexual orientation, gender, or religion.
13. Content must not be submitted for advertising, promotional, lobbying or other commercial purposes.
14. No Content should feature celebrities or public figures unless either the photo/video was taken in a public place when they were carrying out a public function without infringing on their privacy or you have their permission or if you are the celebrity or public figure in the Content.
15. Content should not bring Imperial and/or Smoke Spots into disrepute.
16. You must have obtained (and continue to hold) all consents and licences necessary for you to submit Content and for it to be used on the website.
17. Content must not contain viruses, ‘trojans’ or other harmful elements.
18. Participation in any activity shown in any Content is at your own risk.
19. You may be held legally liable for your submission if you are in breach of the items listed above.
The following additional terms apply to competitions on this website
PART A: GENERAL COMPETITION RULES
Age and residency restrictions
Competitions are only open to individuals who are aged 18 years or over and who are resident in the UK. By entering the competition you confirm that you meet these entry criteria.
Staff and connected persons restrictions
This competition is run by Imperial Tobacco Limited whose registered address is 121 Winterstoke Road, Bristol BS3 2LL, United Kingdom. Employees and other staff working for Imperial Tobacco Ltd and their agents, families and anyone else professionally connected with the competition are excluded from entering.
Entry restrictions and ownership
Unless specifically stated, only one entry per household per competition is permitted. All entries and all rights in them shall be the property of Imperial Tobacco Ltd absolutely. Entries will not be returned unless stated otherwise for the particular competition. Proof of eligibility to enter the competition may be required.
We may require you to register certain details to enter competitions. Entrants who provide inaccurate details may be disqualified.
No purchase is necessary to enter the competition.
Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and Imperial Tobacco Ltd will have no responsibility for entries that are not received before the competition deadline specified.
Assessment of skill
The judges' decision in determining winning entries in all competitions shall be final and no correspondence will be entered into.
Prizes are allocated randomly from correct entries received unless stated otherwise for the particular competition. Prizes are expected to be as stated but if any prize is unavailable, Imperial Tobacco Ltd may provide an equivalent prize of at least equivalent value. No cash alternative will be given unless expressly stated otherwise for the particular competition. Imperial Tobacco Ltd has no liability for the quality of prizes provided by third parties.
Notification of winners
Winners will be notified by phone or email after the closing date of the competition and will be informed of how and when to claim their prizes. A list of winners can be obtained from Imperial Tobacco Ltd.
Competition entrants agree to their name, region and photographs being used in publicity materials in any media (including on Imperial Tobacco Ltd websites and those of any competition partners) anywhere in the world.
All competitions are operated under the laws of England and Wales. Imperial Tobacco Ltd does not accept responsibility for compliance with the laws of any other country and gives no assurances that prizes are lawful or appropriate in any other country and will have no liability for such.
Withdrawal of competition
Imperial Tobacco Ltd reserves the right to withdraw, alter or suspend any competition for legal or technical reasons without any liability. Imperial Tobacco Ltd will notify withdrawal or suspension of a competition by posting notice to that effect on the website as soon as reasonably possible.
Imperial Tobacco Ltd cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition but not securing any prize.
PART B: SOCIAL MEDIA COMPETITION RULES
1. Smoke Spots may from time to time run competitions through Facebook, Twitter, Instagram or Vine (together, the “Social Media Platforms” or “Platforms”). This Part B applies to these competitions. For the purposes of this Part B, a “Social Media Competition” means any competition advertised on, and entered through, any of the Social Media Platforms.
2. The Smoke Spots General Competition Rules apply.
3. In order to enter a Social Media Competition, qualifying entrants must have an account with the relevant Social Media Platform and must follow the Smoke Spots page on that particular Platform.
4. Qualifying entrants must follow the instructions contained in the relevant post on the Smoke Spots page of the particular Platform.
5. The competition closes at the date and time specified on the Smoke-spots page on the applicable Platform. Qualifying entrants will be entered into a prize draw for the prize detailed on the applicable Smoke Spots page.
6. Entries received after the date and time specified will not be included in the prize draw. Incomplete entries, bulk entries or entries from third party agents will not be eligible for the prize draw.
7. There is only one prize for the winner of each competition. Imperial’s decision on the winner is final and no correspondence will be entered into.
8. The winner will be notified via the Platform they have entered on.
9. If the winner cannot be contacted within 7 days of the prize draw, Imperial reserves the right to reselect the winner from other qualifying entrants.
10. The prizes offered are dependent on the competition and subject to availability. Imperial reserves the right to change the prizes at any time.
11. Any prize will not include travel, accommodation or any other expenses unless it is specified within the prize.
12. No cash will be offered to the winner. There may be an imposed time limit for the winner to redeem the prize and if the winner does not redeem the prize within this time limit, Imperial reserves the right to reselect the winner from other qualifying entrants.
13. Previous competition winners will not be eligible to win again on the same Platform for a period of 3 months following winning the competition.
14. To the extent permitted by law, Imperial excludes liability for personal injury, loss, death or other circumstances affecting the enjoyment of participants as a result of or connected to taking part in these competitions or winning a prize.
16. Imperial reserves all rights relating to Smoke Spots’ Facebook, Twitter, Instagram and Vine accounts, including but not limited to: (i) adding, removing, or modifying any content posted on the account, (ii) blocking other users; and (iii) discontinuing the accounts at any time.