Terms of Use of Website

Welcome to the “Road to LDorado” Website of Japan Tobacco International U.S.A. (“JTI USA,” “we,” “us,” or the “owner”). These Terms and Conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of our website at https://roadtoldorado-jtiliggett.com, including any sub-sites or micro-sites, and any content, functionality, and services offered on or through such website (collectively, the “Website”), as well other online channels, whether you access them as a guest or registered user. Please read these Terms of Use carefully before using the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at https://roadtoldorado-jtiliggett.com/privacy_policy and incorporated herein by reference. You also represent that you have the authority to be bound by these Terms of Use on behalf of yourself and/or the company for which you are an employee or agent. If you do not agree to these Terms of Use or the Privacy Policy, you are prohibited from accessing or using the Website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with JTI USA.

Access to the “Road to LDorado” Website is restricted to legal residents of Texas who are twenty-one (21) years of age or older, and are owners or authorized representatives of a Texas tobacco retail location holding a valid tobacco-sale permit and/or license who are invited to participate, or otherwise verified and approved by JTI USA, in its sole discretion, as an eligible tobacco retail location to participate in the “Road to LDorado” Retailer Incentive Program. (“Trade Partners”). Your username and password to access this Website are confidential and you must preserve their confidentiality at all times.

Product information contained herein is intended for information of Trade Partners only. It is not intended for use as advertising of tobacco products to adult tobacco smokers.

Although all sections of the Website can be accessed by the Trade Partners, you must be 21 years of age or older to participate on the “Road to LDorado” website. By agreeing to these Terms of Use, you are confirming that you are 21 years of age or older. We reserve the right to change any of these Terms of Use at any time and at our sole discretion. Any changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. Your use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such use. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

1. PURPOSE OF THE WEBSITE

This Website is operated to provide eligible Trade Partners with access to information, tools, and features related to JTI USA’s “Road to LDorado” Retailer Incentive Program and related trade-facing promotional activities. Through the Website, eligible Trade Partners may register or activate an account, review Program requirements, track weekly cartons-per-week performance and projected reward levels, view available badges and rewards, confirm reward shipping information, submit required point-of-sale-material photographs where applicable, access Program communications and trade-related materials, and enter the separate daily truck sweepstakes, subject to the applicable Official Rules. The Website is intended solely for eligible Trade Partners, is for trade use only, and is not intended for use as advertising or promotion of tobacco products to consumers or the general public. You may also have the opportunity to submit photographs through the Website, provided that all such communications comply with Section 4 of these Terms of Use.

2. REGISTRATION

For Website registration, you must provide us with accurate and complete registration information and it is your responsibility to inform the owner of any changes to that information by contacting us at Ellie.Badiali@jti.com. You acknowledge and agree that you have truthfully represented that you are a legal resident of Texas, are twenty-one (21) years of age or older, and are an owner or authorized representative of a Texas tobacco retail location holding a valid tobacco-sale permit and/or license that has been invited to participate in, or otherwise verified and approved by JTI USA, in its sole discretion, as eligible to participate in the “Road to LDorado” Retailer Incentive Program. If JTI USA believes the information that you provide is not correct, current, or complete, JTI USA has the right to request more information, to refuse you access to the Website, and/or to terminate or suspend your access at any time.

3. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT; TRADEMARKS AND DOMAIN NAMES

All materials used or displayed on our Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, Meta-tags as well as the collection, arrangement, and assembly of such materials (“Website Content”), are owned or used under license by JTI USA and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display on your computer, download, use and make one printed copy of the Website Content solely for your own private, non-commercial use, provided that you do not (i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights for commercial purposes without the prior written consent of the owner; (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. In the event that you wish to use the Website Content for purposes other than your personal use, or to modify the Website Content, please contact us by sending an e-mail to support Ellie.Badiali@jti.com.

Certain content on this Website, including, but not limited to, text, graphics, logos, icons, and photographs is owned or provided by third parties (“Third-Party Content”). You understand that you have no proprietary rights in the Third-Party Content and that the third parties retain all proprietary rights, title, or interest, including copyright, in their respective Third-Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third-Party Content.

JTI, JTI USA, and tobacco brands appearing on our Website and related logos are trademarks used under license by JTI USA or identifying products distributed by JTI USA (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third-Party Marks”). Your use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third-Party Marks without the prior written consent of the owner or the owners of the Third-Party Marks, with the exception to display on your computer, download, use and make one printed copy of the Website Content, Third-Party Content, Trademarks or Third-Party Marks solely for your own private, non-commercial use.

https://roadtoldorado-jtiliggett.com is a domain name registered by the Website owner (the “Domain Names”). With the exception of non-commercial, personal use, you may not link to this site or utilize our Domain Names without our prior written consent. You may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, Domain Names and Third-Party Marks or other proprietary information of the owner without our written consent. You may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third-Party Marks without the express written consent of the owner.

4. USE OF WEBSITE

Under no circumstances will we be liable in any way to you for any Website Content or Third Party Content, including, but not limited to, any errors or omissions in such Website Content or Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Website Content or Third Party Content downloaded, emailed or otherwise transmitted to you via the Website.

You agree that you shall use the Website for lawful purposes only. Without limiting the generality of the foregoing, you will not use the Website, or allow others to use the Website, to:

(i) download, e-mail, post, reproduce, republish, copy, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offense or civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;

(ii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(iii) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;

(v) use the Website for any public or commercial purposes, without the express prior written permission of the owner;

(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or (vii) collect or store personal data about other users;

(viii) “deep-link”, “embed” or use analogous technology, unless specifically authorized in writing.

You agree not to access the Website from any territory where its use or content is illegal. You agree that the owner is not responsible for compliance with applicable foreign local laws.

You agree that your username and password to access the Website are confidential and you undertake to preserve their confidentiality at all times.

By posting, uploading or submitting any ideas, notes, suggestions, concepts or other material (collectively, “Materials”) to the Website, you hereby grant us and our successors and assigns a non-exclusive, worldwide, irrevocable, unrestricted, royalty-free and perpetual license to use, adapt, publish, distribute, translate, reproduce, store, modify, transmit, publicly perform or display and create works derived from or based upon such Materials in any and all media, whether now known or hereafter devised, for any purposes, including for advertising and promotion purposes, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such Materials, however arising.

Without limiting the foregoing, you agree that we have the right, in our sole discretion, to remove, correct, adapt, or modify any user communications posted, uploaded or submitted to the Website.

You agree that any correspondence or business dealings by you with, or participation in promotions of, third party businesses or advertisers found on the Website, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party businesses.

You hereby agree to release the owner, its affiliates, and subsidiaries and their respective directors, officers, shareholders, employees, agents, representatives or advisors from any and all liability whatsoever or arising from your use of the Website, including any e-mail to the Website, and you agree that if you are unhappy with any of these services that your sole remedy is to cease using them.

5. WEBSITE PRIVACY POLICY

Please click here to see and review the “Road to LDorado” Website Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of your personal information. You agree to be bound by the Privacy Policy, and you also agree that the terms of the Privacy Policy are reasonable. The Privacy Policy may be modified by the owner from time to time at its sole discretion and your continued use of the Website after such modification will constitute your acceptance of such modifications. You consent to the use of any information submitted to JTI USA and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the “Road to LDorado” Website Privacy Policy.

6. MODIFICATIONS TO THE WEBSITE

The owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The owner reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice, but confirms that it has no obligation to do so.

7. HYPERLINKS

This Website may contain hyperlinks to Websites operated by parties other than the owner. These hyperlinks do not imply any endorsement by the owner of or any affiliation with or endorsement by the owner of the hyperlinked website. You acknowledge and agree that we are not responsible for the availability of such external sites and no endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Website. Your access and use of such third-party sites, including any information, material, products and services therein, is solely at your own risk. You further acknowledge and agree that the owner accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that the Privacy Policy is applicable only while you are using the Website. Once you are linked to another website, you should read the applicable terms of use and privacy statement of that website before using such website and disclosing any personal information.

8. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT THE WEBSITE, THE WEBSITE CONTENT AND THIRD-PARTY CONTENT, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FIT FOR THE USE TO WHICH IT WAS INTENDED, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE WEBSITE CONTENT OR ANY THIRD-PARTY CONTENT MADE AVAILABLE THROUGH THE WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE CONTENT OR ANY THIRD-PARTY CONTENT MADE AVAILABLE THROUGH THE WEBSITE FOR ANY PURPOSE WHATSOEVER. FURTHERMORE, THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (IV) THE WEBSITE CONTENT OR ANY THIRD PARTY CONTENT WILL BE ACCURATE OR RELIABLE; AND (V) THE QUALITY OF

ANY WEBSITE CONTENT OR ANY THIRD PARTY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY WEBSITE CONTENT OR THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE OWNER DISCLAIMS ANY AND ALL SUCH ABOVE WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

Although we strive to provide the latest developments relating to our products and services, as well as other information about our company, on the Website, we do not warrant the accuracy, effectiveness, or suitability of any information contained on the Website. Each person assumes full responsibility for, and all risks arising from, the use of the Website or the transmission of data over the Internet, which is not secure and may be subject to service impairments and delays. The information is presented “AS IS” and “WHERE IS” and may include technical inaccuracies or typographical errors. JTI USA may make additions, deletions, or modifications to the Website at any time without prior notice.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE OWNER, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, CLAIMS, LOSSES, EXPENSES, DEBTS OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, DAMAGES

RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, THIRD-PARTY PRODUCTS OR SERVICES, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER RESULTING FROM FAULTS, OMISSIONS OR NEGLIGENCE OF CONTRACTUAL OR OF STATUTORY NATURE OR OF ANY OTHER NATURE WHATSOEVER, RESULTING FROM: (I) YOUR ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE WEBSITE, THE WEBSITE CONTENT OR ANY THIRD PARTY CONTENT OR ANY WEBSITE TO WHICH YOU HYPERLINK FROM THE WEBSITE; (II) ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE WEBSITE, THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE WEBSITE, THE WEBSITE CONTENT OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THE WEBSITE, THE WEBSITE CONTENT OR THE THIRD PARTY CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OWNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE OWNER SHALL HAVE NO LIABILITY TO YOU FOR ANY WEBSITE CONTENT OR THIRD-PARTY CONTENT DOWNLOADED FROM THE WEBSITE.

JTI USA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITES. IN NO EVENT SHALL JTI USA OR ANY OF ITS THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY JTI USA OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. JTI USA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE SITES, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITES, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. JTI USA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH JTI USA. THE SITES INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND THAT USE THE SITES IN THE UNITED STATES.

JTI USA makes no representation that images on this Website are accurate or available; images on this Website may not reflect JTI USA’s actual products or services. In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the JTI USA’s Parties, we have no responsibility to honor inaccurately disclosed or described fees, rates, or other information. JTI USA shall not be liable for any delay or failure to communicate resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, pandemic, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for site unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.

10. INDEMNITY AND DISCHARGE

YOU HEREBY AGREE TO RELEASE EACH OF JTI USA, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES,

CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM JTI USA HAS LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE TERMS OF USE, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “JTI USA PARTIES” AND EACH, A “JTI USA PARTY”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS, PENALTIES, FINES, LOSSES OR DAMAGES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF: (A) THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY; AND (B) ANY AND ALL CLAIMS WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH IDEA SUBMISSIONS, YOUR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF IDEA SUBMISSIONS, YOUR SUBMISSIONS OR OTHER CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE JTI USA’S GRANTEES HAVE THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUBLICENSE AND OTHERWISE TRANSFER, SUBCONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS, INCLUDING DROIT MORAL, NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE JTI USA’S GRANTEES.

YOU HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE JTI USA PARTIES FROM AND AGAINST ANY CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED IN RESPONDING TO SUCH CLAIMS, ASSERTED BY ANY PERSON OR THIRD PARTY, ARISING OUT OF OR RELATING TO: (A) THESE TERMS OF USE AND/OR ANY BREACH OF THEM BY YOU; (B) ANY AND ALL OF YOUR SUBMISSIONS OR IDEA SUBMISSIONS, INCLUDING ANY CLAIMS BY ANY THIRD PARTY THAT SAID SUBMISSIONS BY YOU CONSTITUTE TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT; (C) YOUR USE OF THE SITES, INCLUDING, WITHOUT LIMITATION ANY DATA,

CONTENT, OR WORK TRANSMITTED OR RECEIVED BY YOU IN CONNECTION THEREWITH; (D) ANY UNACCEPTABLE OR OBJECTIONABLE USE OF THE SITES, AS WE DETERMINE AT OUR SOLE DISCRETION; AND (E) ANY NEGLIGENT OR WILLFUL MISCONDUCT BY YOU.

11. APPLICABLE LAW

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to its conflict-of-laws principles.

12. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and the owner relating to the use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding the use of the Website and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

13. ASSIGNMENT

You may not assign or otherwise transfer your rights, duties or obligations hereunder.

14. SEVERABILITY

These terms and use are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15. NO WAIVER

The owner will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

16. TERMINATION

These Terms of Use are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. The owner may refuse to grant you access to the Website if you fail to comply with any of our Terms of Use. We also reserve the right to terminate or suspend your use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or your permission to use this Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Should you wish to terminate your Website account and that we cease communicating with you regarding the “Road to LDorado” Retailer Incentive Program, “Daily Truck” Sweepstakes or other Website Content, please notify us by e-mail at Ellie.Badiali@jti.com Sections 3, 8, 9, 10 and 11 of these Terms of Use shall survive the termination or expiry of these Terms of Use.

17. RIGHTS

All rights not expressly granted herein are reserved.

18. LAST UPDATE

These Terms of Use were last updated on September 24th, 2026.

19. HEADINGS

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

20. CONTACT

Questions, comments or any violations reports should be sent by e-mail to: Ellie.Badiali@jti.com

21. COLORS

JTI USA attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.

22. SUBMISSIONS

“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to JTI USA. Submissions will not be confidential and will become the property of JTI USA upon submission to JTI USA. By providing any Submissions, you agree to assign to JTI USA, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to JTI USA will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not JTI USA, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Except as expressly stated and agreed upon in advance by JTI USA, no confidential relationship shall be established if any user of the Sites should make any oral, written or electronic communication to JTI USA (such as feedback, questions, comments, suggestions, ideas, etc.). If any JTI USA website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), JTI USA shall obtain, use and maintain it in a manner consistent with our Privacy Policy . Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and JTI USA shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to JTI USA is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

23. RELATIONSHIP

Your use of the Sites is independent of JTI USA and not as an employee, agent, partner, or joint venturer with JTI USA for any purpose

24. MODIFICATION

JTI USA may at any time modify these Terms of Use in our discretion without notice. Your use of the Website will be conditioned upon the Terms of Use posted on the Website at the time of your use. Please be sure to review our Privacy Policy as well before proceeding to use the Website.

However, any changes to the dispute resolution provisions set forth in Section 25 will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Websites following the posting of revised Terms of Use or Privacy Policy means that you accept the changes. You are expected to check the Terms of Use and Privacy Policy each time you access this Website, so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

25. ARBITRATION; GOVERNING LAW; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WILL RESOLVE ANY DISPUTES BETWEEN THEM THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED. Any controversy or claim arising out of or relating to these Terms of Use or a breach thereof, with the exception of any injunctive or equitable relief sought by us for any violation of these Terms of Use, shall be submitted to binding arbitration in North Carolina in accordance with the rules and procedures of the International Chamber of Commerce, with the exception of any conflicts-of-law provisions and subject to the modifications which follow.

Any judgment on the awards granted by the arbitrator may be entered in a court having competent jurisdiction thereon. Any such arbitration will be held before a single arbitrator; except that, if the amount of damages claimed exceeds $750,000, then the Parties shall use three arbitrators. Unless otherwise agreed by the parties in writing, the arbitrator(s) will only permit limited discovery: specifically, discovery will be limited to document discovery completed within thirty (30) days after the arbitrator(s) issue(s) the scheduling order; no deposition discovery will be permitted, and no forensic examination of electronic records will be permitted. The parties may agree to waive the arbitration hearing, and have the arbitrator(s) decide the controversy or claim summarily based upon written pleadings and sworn statements. If the parties agree to waive the arbitration hearing, such agreement will be in writing. Unless otherwise agreed by the parties in writing, any final arbitration hearing will occur within ninety (90) days of submitting party's submission of the demand for arbitration, and unless the parties agree otherwise in writing, the hearing will not exceed three (3) days. The arbitrator(s) will issue any ruling within fourteen (14) days following the hearing. The arbitrator(s) will be jointly chosen from ICC knowledgeable in the law surrounding the “tobacco industry,” and if the parties cannot agree within fourteen (14) days after the arbitration is requested, the arbitrator(s) will be chosen by ICC, according to its rules.

These Terms of Use are made in, and shall be governed by, the laws of North Carolina, excluding its conflicts-of-law provisions. If, for any reason, the arbitration provision shall be found to be invalid or unenforceable in any respect, or the parties will initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these Terms of Use shall be brought exclusively in the federal or state courts of North Carolina. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in North Carolina. The parties hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in North Carolina and to the venue of any such suit, action, or proceeding brought in any federal or state court in North Carolina. The parties waive trial by jury in any action, proceeding or counterclaim brought by or against JTI USA on any matter whatsoever arising out of, relating to, or in any way connected with these Terms of Use.

NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST JTI USA OR THE JTI USA’S PARTIES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SITES OR THESE TERMS OF USE MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN OR IT WILL BE FOREVER BARRED.

26. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.

JTI USA respects the intellectual property rights of others, and requires that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

JTI USA’S Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Service Provider(s): JTI
Name of Agent Designated to Receive Notification of Claimed Infringement: JTI Copyright Agent
Full Address of Designated Agent to which Notification should be Sent: 4000 Center at North Hills Street Suite 700, Raleigh, NC 27609
Designated Agent’s Telephone Number: 800-896-4612
E-mail Address of Designated Agent: Copyright.Agent@jti.com
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