NEWPORT® REWARDS PROGRAM TERMS

Participation is limited to eligible U.S. adult tobacco and nicotine consumers 21 years of age or older. Availability of points earning opportunities and available rewards may vary from time to time based on where you are located.

Last Updated Date: September 3, 2024

Welcome to the NEWPORT® Rewards Program (“Program”) offered by R.J. Reynolds Tobacco Company on behalf of its NEWPORT® brand (“Sponsor” “we” “us” or “our”) in which eligible U.S. residents (“you”) can earn points redeemable for rewards and other benefits as we may offer from time to time (collectively, “Rewards”) subject to these NEWPORT® REWARDS Program Terms, as may be amended from time to time (“Program Terms”).

By participating in this Program, you acknowledge you have read and agree to be bound by these Program Terms. We encourage you to be familiar with all of these Program Terms, but a table of contents is also provided below allowing you to “click” on a specific section of these Program Terms you may wish to review.

1.       Eligibility – Adult Tobacco or Nicotine Consumers Only

2.       Joining this Program

3.       How We Communicate with You; Contact Us

4.       How to Earn Points

5.       How to Redeem Points

6.       How to Avoid Points Expiration

7.       Available Rewards

8.       Reserved for Future Reward Terms

9.       Program Limitations

10.    Additional Program Terms

11.    Closing or Suspending Your Account

12.    Disclaimers of Warranty and Liability

13.    Changes

14.    Privacy and Related State Notices

15.    Indemnity

16.    Choice of Law; Resolving Disputes

 

1. Eligibility - Adult Tobacco or Nicotine Consumers Only

a.        Eligibility to participate in this Program is limited to residents of the U.S. (including the District of Columbia but excluding territories and possessions of the U.S.) who have certified that they are a tobacco or nicotine consumer 21 years of age or older, want to receive information and promotions concerning our products and understand that providing false information may constitute a violation of law. Before you can join this Program, if we haven’t done so for you already in connection with your being added to our marketing contact list (“Marketing List”), we will verify that you are 21 years of age or older. If you are under 21 years old or have otherwise gained access to this Program by providing false information such as a false date of birth, leave this website immediately and close your Program account by calling customer services 1-800-334-8157 between 8 am and 10 pm Eastern Time Monday-Friday and 10 am and 8 pm Eastern Time Saturday.

b.       Participating in this Program requires access to the Internet to be able to access your Program account online, regardless what device you elect to use, and receive notices from us in connection with this Program either via email or text. Internet access, email, and texting may incur charges from your internet service provider and/or mobile carrier in accordance with their separate terms with you.

c.        You also need a valid email address to participate in this Program. Different Program participants may not share the same email address. No one is permitted to use multiple email addresses to try and create multiple Program accounts. Limit 1 program account per eligible participant.

d.       These Program Terms supplement and form part of our Terms and Conditions of Use at https://www.newport- pleasure.com/footer-links/terms-of-use.html. When you provide personal information to us to create a Program account and otherwise participate in the Program, you consent to our using such information according to our Privacy Policy at https://www.newport-pleasure.com/footer-links/privacy-policy.html. You may not participate in this Program if you refuse to accept any of the foregoing terms.

e.        If you optionally agree to receive text notifications in connection with this Program, your receipt of text messages is subject to our text messaging terms at https://www.newport-pleasure.com/footer-links/textmessaging.html. You may participate in this Program without receiving text messages as long as you have a valid email address for communications in connection with this Program.

 

2. Joining this Program

You need a NEWPORT® account to join this Program. If you already have another account to access newport- pleasure.com, it suffices to participate in this Program as long as you accept these Program Terms. To create your account if you don’t already have one, we will need your name, birth date, mailable state of residence and a valid email address. You may also provide a mobile phone number if you opt-in to receive text messages in connection with this Program. There is no charge to register or participate in the Program.

Register under the “Rewards” tab (“Program Page”) on www.newport-pleasure.com (the “Site”). Your account for this Program is separate from any other account you may have with Sponsor, its affiliates or its or their other brands. When you create a Program account, you agree to be bound by these Program Terms. Additional terms may also apply to your participation in this Program under these Program Terms.

 

3. How We Communicate with You; Contact Us

If you do not elect to receive text messages from us in connection with this Program, we will communicate with you by email regarding Program updates and notices. We may also post messages to your account. If you need to contact us regarding this Program, you may contact customer services at 1-800-334-8157 between 8 am and 10 pm Eastern Time Monday-Friday and 10 am and 8 pm Eastern Time Saturday. Requests will be answered in the order received and may not be answered until 1-2 business days later depending on volume of requests.

By joining this Program, you agree to receive electronic communications from us related to this Program by email, text and/or posting to your account and that they we be effective means of notice between us. You are free to unsubscribe from our Program marketing emails and/or texts from within the email or text but may miss timely notices of new Rewards if you unsubscribe.

 

4. How to Earn Points

There are different ways to earn Points. Buying NEWPORT® packs and entering the on-pack codes, and engaging in other activities described below, can both earn Points. Codes are available under the lid of each pack of NEWPORT ® [cigarettes] marked on top as having Points. When you purchase the pack you can earn Points in this Program by entering the code under the lid of the pack in your Program account. Not all NEWPORT ® brand styles are eligible for Points. Availability of styles eligible for Points may vary by your location from time to time. Each on-pack code is worth 125 Points in this Program. THIS PROGRAM HAS A LIMIT OF 30 CODES PER PERSON PER MONTH DERIVED FROM ENTERING ON-PACK CODES, REGARDLESS OF WHEN YOU PURCHASED THE PACK. We have

no obligation to provide replacement codes for packs that are lost, stolen or damaged prior to your use of the code. Codes may only be used once. Multiple attempts to re-use the same code, entry of fraudulent codes or entry of codes from stolen or counterfeit packs are invalid.

We may offer the opportunity to earn Points outside of making purchases from time to time. Points-earning opportunities available to you may vary from time to time. Additional Points-earning opportunities will be described on the Program Page and/or in emails or texts from us to Program participants (but in the case of texts, only if you signed up for Program texts). If you did not previously sign up for texts, you can opt in later from your Program account.

Examples of optional additional Points earning opportunities could include, but are not limited to:

·         Claiming double Points on first five (5) on-pack codes entered into your account (so 125 Points per pack becomes 250).

·         Completing your Program profile.

·         Opting in to receive emails and texts relating to this Program, including information about Points earning opportunities and available Rewards.

·         Receiving extra Points on your birthday annually.

·         Participating in a survey or poll (for example, regarding your tobacco/nicotine preferences).

·         Watching an optional video in its entirety or reviewing other content provided to earn Points.

·         Receiving Points as a prize or gift in giveaways we may make available from time to time.

Points have no independent cash value and cannot be redeemed for cash, sold, traded, or transferred to anyone else or to any other account.

From time-to-time in Sponsor’s discretion, you may have an opportunity to earn Points by inviting friends (limited to tobacco or nicotine consumers 21 years of age or older) who would otherwise be eligible to join this Program to join it in a “refer a friend” opportunity you extend to your friend over email. Details will be made available as and when such opportunities become available from time to time. Prior to your emailing anyone referred, Sponsor reserves the right to verify the friend to be referred is not already a participant in this Program and his/her email address is not on any opted out list of Sponsor. If your to-be-referred friend is eligible to receive the email invitation from you, you will be provided with the invitation you can forward over email, including a personalized link and a required disclosure of the Points you will earn if they join (as required under FTC incentive disclosure guidance), all of which you must share with your friend in the form provided. The referred friend is subject to further eligibility verification and your referral Points will only post to your account if and when the referred friend actually registers for a Program account and you extended their invitation to join in compliance with these requirements. We reserve the right to limit “refer a friend” opportunities for any reason and without prior notice.

 

5.  How to Redeem Points

We determine the number of Points you are required to redeem for a Reward in our discretion. Points will be redeemable for Rewards then-available through your Program account. Use your Program account to select and redeem the Reward. See additional redemption instructions in the Reward description when you browse available Rewards, as applicable depending on the Reward. Points in this Program are for the sole benefit of the account holder who earned them. Account holders may not aggregate Points across their own account in this Program and that of another participant in this Program to redeem for a Reward. Points also cannot be combined with points from any other promotional program. Points redeemed for Rewards in this Program are not refundable. In other words, Rewards once elected cannot be cancelled, returned or exchanged. Certain Rewards, like gift cards from third parties redeemable for the third party’s goods or services, are subject to the terms of the third party for use of the gift card, over which we have no control.

 

6.  How to Avoid Points Expiration

ALL POINTS WILL EXPIRE AFTER 180 DAYS OF INACTIVITY IN YOUR PROGRAM ACCOUNT. POINTS

ACCRUE ON A “USE THEM OR LOSE THEM” BASIS. Unused Points in a Program account on day 181 of an inactive account will reset to zero points. For purposes of preserving your points, “inactivity in your Program account” means you have not (a) added a code for more Points to your account within 180 days of adding your last code, (b) otherwise earned Points to your account within 180 days, or (c) redeemed a Reward within 180 days. Logging into your Program account without taking any such actions will not be considered “activity” for purposes of avoiding Points expiration.

If your Points have expired, we may (in our sole discretion) reinstate the Point balance on a one-time basis per Program participant as a gesture of goodwill. You may request a one-time reinstatement of expired points by calling customer services at 1-800-334-8157 between 8 am and 10 pm Eastern Time Monday-Friday and 10 am and 8 pm Eastern Time Saturday.

 

7.  Available Rewards

Available Rewards vary, may be in limited supply, and will be claimed on a “first come, first served” basis. Many Rewards will be in the form of gift cards for third party goods and services, subject to the third party’s terms for using the gift cards, including any expiration dates. We may or may not be able to replenish available gift cards from the same third party brand after all the available gift cards are claimed. Gift cards may be in the form of a physical card or e-gift card. See Rewards description for details. Third party providers of Rewards, such as an issuer of a gift card, are merely Reward providers in this Program and are in no way sponsor or endorse this Program. Rewards may change, be updated, be discontinued, or have limited quantities. In addition to Rewards on the Program Page or visible via your Program account, we may also notify you of additional Rewards by email or text message (as long as you have not opted our from Program marketing emails and/or have opted in to receive texts in connection with this Program).

We reserve the right to correct errors in Reward descriptions at any time. We do not guarantee that all errors that come to our attention will be corrected. Any delivery of Rewards is limited to within the fifty United States, including District of Colombia, and excluding U.S. territories and protectorates. We will not ship Rewards to another country. Some Rewards may only be deliverable to a physical address, not a P.O. Box.

Rewards that are gift cards or prepaid cards are subject to the usage terms that accompany them. Third party-issued cards (for example, a Home Depot® gift card) are issued by their issuer and subject to the issuer’s terms, over which Sponsor has no control. If any gift or prepaid cards are lost, stolen, or damaged, Sponsor has no obligation to replace the affected card

We do not manufacture Rewards and do not offer any warranty with respect to good or service that comprises a Reward. Any third party brands, trademarks, service marks or logos in connection with a Reward remain the property of their third party owner and are merely used to help identify the available Reward and its source (e.g., issuer of a gift card).

Unless otherwise indicated in terms for a given Reward, please allow up to 30 days for delivery of a Reward. Once a Reward is delivered to you, you bear all risk of loss for it and are responsible to use it in accordance with applicable laws. We do not control our shipping partners regarding Rewards that require physical delivery and refer you to them to address a lost, missing or misdirected shipment of a Reward entrusted to them for delivery.

Once you claim a Reward, you are responsible for any use or misuse of the Reward and any costs associated with using the Reward. For example, if you use a gift card and the purchase includes sales tax in addition to the cost of the good or service you are buying with the gift card, you are responsible for the full cost of the purchase, whether or not the amount of fully covered by the gift card. In the event that any Reward or Rewards result in a requirement for us to report the value of the Reward(s) to the Internal Revenue Service (IRS), we will do so in accordance with applicable law and reserve the right to request your tax payer identification number on IRS Form W-9 as a condition to be fulfilled prior to your claiming the applicable Reward, or the Reward could be forfeit. You are responsible for providing accurate information to us in connection with Reward fulfillment and for paying any and all taxes applicable to the Reward provided to you, including all applicable federal, state, local income or other taxes. You are also responsible for any and all tax implications associated with claiming Rewards. Failure to comply with any conditions to claim a Reward is grounds to forfeit the Reward and may result in suspension from this Program.

8.  Reserved for Future Reward Terms

Stay tuned for future Program participant benefits we may offer from time to time. By participating in this Program, you will also be “in the know” and receive notifications when we offer new promotions, including sweepstakes, giveaways and other opportunities to engage with the NEWPORT ® brand whether as part of this Program or more generally.

9.  Program Limitations

a.        We reserve the right to limit use of Rewards in combination with all other discounts or promotional offers.

b.       In the event of a dispute over available points or Rewards a Program participant has accrued, our records will control. All questions or disputes regarding the Program, including, without limitation, those involving eligibility, participation, fraud and abuse, will be resolved by Sponsor or its designee, whose decisions shall be binding on all Program participants.

c.        You must not at any time engage in, facilitate or further unlawful conduct with regard to the Program or conduct that violates these Program Terms. If you violate any other terms applicable to programs offered by Sponsor or its affiliates, we reserve the right to terminate your participation in this Program as well without prior notice.

d.       You may not use any automated process or service to access and/or use the Program or the Reward Page or your Program account (such as a BOT, a spider, periodic caching of information stored by Sponsor, or “meta- searching”); use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Program; damage, disable, overburden, or impair the Program (or the networks or systems supporting the Program) or interfere with anyone’s use and enjoyment of the Program; or resell or redistribute Points or Rewards. We may suspend or terminate your Program account (and restrict any new Program accounts) for any suspected violation of these Program Terms. All unused Points and Rewards in a terminated account are forfeit and we have no liability for you inability to use them.

e.        Points and Rewards have no independent value, are not personal property, are not redeemable for actual cash and have no cash value. Points and Rewards cannot be shared to another Program participant’s account or offered for sale, trade or barter to other people; they only benefit the registered Program account holder.

f.        You cannot leave your Program account or Points to your spouse, heirs, estate, executor or personal representative when you die. If you attempt to transfer Points in violation of these limits, we reserve the right to void the Points.

g.       Only you may use your Program account. You are responsible for all activity that takes place with or through your Program account. You may not permit any third party to access and/or use the account on your behalf.

h.       Please keep your contact information current in your account so you don’t miss out on receiving Program notices.

i.         Sponsor’s failure to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing. These Program Terms, together with additional terms made a part of these Program Terms by reference, are the entire agreement between us and you relating to the Program and supersede any prior terms for this Program. If a court finds any of the terms in these Program Terms to be unenforceable or invalid, such term(s) will be enforced to the fullest extent permitted by applicable law and the other terms will remain in full force and effect.

 

10.  Additional Program Terms

a.        Maintain your Program account log-in credentials confidentially and securely. We are not responsible for any activities through your account, whether or not authorized by you or not. You alone are responsible for all uses or misuse of your account. Please contact customer services at 1-800-334-8157 between 8 am and 10 pm Eastern Time Monday-Friday and 10 am and 8 pm Eastern Time Saturday if you suspect unauthorized access to your Program account.

b.       From time to time, certain Points earning opportunities in this Program may be subject to additional terms specific to that offer or opportunity communicated within or with the offer (for example, terms regarding when the offer expires).

c.        Sponsor may have additional loyalty or reward or points programs for other brands of Sponsor or its affiliates. Each program is separate, requires a separate program account, and is subject to its own separate terms and conditions. You may not use points from one program toward another program if you participate in more than one program.

d.       Sponsor may also have additional promotional offerings unrelated to this Program, such as separate sweepstakes and contests, which are each subject to their own respective separate terms and conditions.

e.        If you are a resident of a US state with consumer privacy laws regulating loyalty programs, we also direct your attention to special notices in these Program Terms for residents of those states. Please see Section 14 below.

 

11. Closing or Suspending Your Account

·         By You. You can close your account at any time and for any reason by deactivating of your account. Deactivating your account means you will no longer be able to participate in the Program and will not receive any marketing messages from us, including any Program, Points or Rewards messages. If you have any problems with these Program Terms or with the Program, your sole and exclusive remedy is to cease participating in the Program.

·         By Us. We may terminate or suspend your account or access to all or part of this Program at any time and without notice, for any reason or for no reason, without any liability to you for such termination if you violate these Program Terms or our Terms and Conditions of Use for newport-pleasure.com at https://www.newport- pleasure.com/footer-links/terms-of-use.html.

Suspended accounts cannot earn Points or redeem Rewards while suspended. Suspension does not toll Points expiration. Terminated accounts forfeit all further access to unused Points. If you want to re-open a Program account you closed, contact customer services at 1-800-334-8157 between 8 am and 10 pm Eastern Time Monday-Friday and 10 am and 8 pm Eastern Time Saturday and see if it is eligible to be reinstated, minus any prior Points. All Points in a terminated account are forfeit. In the event you violate these Program Terms or any other terms applicable to your relationship with us or our affiliates and/or related brands, we reserve the right to terminate all of your accounts across all of our related brands.

 

12. Disclaimers of Warranties and Liability

·         No Warranty. We and our suppliers provide this Program and any related products or services “as is” and without any warranty or condition, express, implied or statutory. Participation in the Program is at your sole risk. Use or misuse of any Reward is at your own risk. Sponsor has no liability for how a Program participant uses or misuses a Reward. We do not guarantee continuous, uninterrupted, error-free or secure access to the online Program pages, Program emails or Program text messages; our operation of this Program may be interrupted by numerous factors outside of our control. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

·         Disclaimer. We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising or resulting from, or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the foregoing or for any defamatory, offensive or illegal conduct of other Program participant or third parties and that the risk of injury from the foregoing rests entirely with you.

·         Limitation of Liability. In no event shall we or our subsidiaries and affiliates, or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with this Program, Rewards, or these Program Terms (however arising, including, without limitation, negligence).

 

13. Changes

We may change, cancel, or suspend this Program, in whole or in part, at any time, without prior notice. How to earn Points, available Rewards, and these Program Terms are subject to change from time to time in our discretion without prior notice. Some changes may affect your ability to use Points previously earned. We may also make changes to correct for printing, typographical and other errors. Any changes we make to these Program Terms will be effective immediately on notice, which we may give either by posting at the Reward Page, posting to your Program account to give you notice the next time you log into your account, or sending via email to you. Your participation in the Program after such notice will be deemed acceptance of such changes. If you do not agree to the changes, please discontinue participation in this Program right away. You, as a participant in this Program, are responsible for remaining knowledgeable about and in compliance with these Program Terms.

 

14. Privacy and Related State Notices

We use your personal information provided to us to maintain your account with us, to administer this Program, communicate with you about it, respond to your requests related to this Program, improve and troubleshoot the Program. Use of your personal information is also subject to the terms of our Privacy Policy available here: https://www.newport- pleasure.com/footer-links/privacy-policy.html.

Additionally, specifically in connection with this Program, we provide the following information to applicable US state residents below, respectively, in accordance with applicable law:

·         Program Partners and Program Benefits provided by each: See Program catalogue for specific partners and benefits. The categories of program partners are: grocers, retailers, entertainment groups, hotel groups, travel companies, restaurants, home delivery services, and fuel companies. The program benefits provided by these partners are gift cards.

·         Please see Section 2 above for how to opt into the Program.

·         If you exercise your right to request deletion of personal information that we have collected from you, we will no longer be able to verify your identity, making it impossible for Sponsor to ensure we provide Program benefits to the correct individual. Therefore, if you exercise your right to deletion of personal information, the request will result in a closure of your account with us, and you will no longer be able to participate in the Program.

·         The categories of personal information collected to participate in the Program will depend on your participation in the Program and may include: name, birth date, mailable state of residence, phone number, a valid email address, commercial information (e.g., products purchased where redeeming Points on packs), internal or other network activity (i.e., participation in Program activities). We may also require your tax payer identification number if the value of your Reward(s) is required to be reported to the IRS.

·         We administer this Program in accordance with the US state privacy laws and provide the following information to describe the financial incentive, price or service difference: We have calculated that the value of this Program to the typical consumer is reasonably related to, and greater than, the value of the consumer’s data provided to participate in this Program. To estimate the Program value per consumer, we measured the fair value of accrual (accounting value) assigned to the projected accumulated points (i.e., the projected value of the Program Rewards earned in a year) divided by the number of program participants.

 

15. Indemnity

You agree to indemnify and hold us and our parent, and our respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand - including reasonable attorneys’ fees - made by any third party due to or arising out of your breach of these Program Terms (or any documents these Program Terms incorporate by reference) or your violation of any law or the rights of a third party.

 

16. Choice of Law; Resolving Disputes

These Program Terms form part of our Terms and Conditions of Use for newport-pleasure.com at https://www.newport- pleasure.com/footer-links/terms-of-use.html. (“Site Terms”), which apply both to your use of that website and your participation in this Program. This Program is accessible from newport-pleasure.com and these Program Terms form part of the Site Terms for newport-pleasure.com. Any disputes in connection with this Program must be resolved like any other dispute relating to your use of newport-pleasure.com as set forth in the “Resolving Disputes” section of the Site Terms, including its arbitration terms.