Code for Commercial Communications October 2015 Introduction Basic Principles Further Information Annex 1 Annex 2 Annex 3

CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PART 1 PART 2

INTRODUCTION 2 FURTHER INFORMATION 11 ANNEX 1 PERNOD RICARD REGULATORY Editorial 3 Further guidance and training GUIDELINES FOR DIGITAL on the implementation of this code House of brands 4 COMMUNICATIONS ACTIVITY for commercial communications 11 12 Preamble 5 Compliance with laws, regulations ANNEX 2 Purpose of this code for commercial and other industry codes 11 GUIDELINES FOR RESPONSIBLE communications 5 Compliance by external consultants 11 PROMOTIONS 24 Commercial communications 5 Annexes and references 11 Internal control of commercial ANNEX 3 SPONSORSHIP GUIDELINES communications’ procedure 6 Useful links 11 31

BASIC PRINCIPLES 7 Article 1. Misuse 7 Article 2. Minors 8 Article 3. Drinking and Driving 8 Article 4. Hazardous Activities, Workplace & Recreation 8 Article 5. Health Aspects 9 Article 6. Pregnancy 9 Article 7. Alcohol Content 9 Article 8. Performance 9 Article 9. Social Success 9 Article 10. Sexual Success 9 Article 11. Product Innovation 10

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 2 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

EDITORIAL This newly revised edition of our Code for Commercial Communications will enable our business development teams around the world to deliver creativity while meeting the highest standards of responsible marketing.

We believe that strong and compre- hensive self-regulation commitments such as these are effective in meeting the ethical expectations of our consumers and stakeholders in the ra- pidly-changing world of today’s media while at the same time building brand equity.

With the implementation of this Code, We will continue we will continue to deliver a brand experience of convivialité and res- to deliver a brand ponsibility to each of our consumers in compliance with our industry com- experience of convivialité mitments and advertising authority re- and responsibility to quirements. Alexandre Ricard each of our consumers” Chairman and Chief Executive Officer

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 3 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 4 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PREAMBLE COMMERCIAL COMMUNICATIONS PERNOD RICARD has adopted this provision as its own internal Code for Alcohol beverages have been consumed and Commercial Communications are defined herein Commercial Communications which will enjoyed around the world for centuries. Produc- as: “All brand advertising or marketing communi- apply to all its advertising around the tion of these alcohol beverages, consumption cations to consumers regardless of the medium world. patterns and drinking habits differ widely from used (e.g., print, broadcast media, digital, labe- one country or region to another, and particularly ling, packaging, internet, new technologies and All PERNOD RICARD marketing with regard to the different categories of alco- sponsorship) and including consumer and trade teams and agency partners must hol beverages. These products, when responsibly promotion, merchandising and point of sale ma- comply with this Code for Commercial consumed, are compatible with a balanced and terial.” Communications. At the same time, healthy lifestyle and are enjoyed in a responsible individual affiliates must ensure that our way by the vast majority of consumers. Commercial Communications do not include: advertising is also in compliance with the • Non-advertising materials or statements to the relevant national laws or codes. In case media, government agencies or the public about of conflicts, the relevant national codes issues of societal concern such as the risks or must be followed. PURPOSE OF THIS CODE FOR benefits related to the consumption of alcohol COMMERCIAL COMMUNICATIONS beverages and educational messages about re- For any advice, guidance or It is recognized that irresponsible consumption sponsible drinking or the role of alcohol in soci- implementation of this Code as well as or inappropriate advertising of alcohol beverages ety. submissions of campaigns for approval may have negative personal, social or health con- please contact the Responsible Marketing sequences, or otherwise negative consequences Panel (RMP) at [email protected] for the industry. The purpose of this Code for Commercial Communications is to ensure that PERNOD RICARD commercial communications do not encourage or condone irresponsible consumption or misuse of any kind, as well as inappropriate advertising of our products.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 5 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

INTERNAL CONTROL OF COMMERCIAL COMMUNICATIONS’ PROCEDURE

RMP dedicated email address : [email protected]

CAMPAIGN DESIGN BY MARKETING TEAMS AND COMMUNICATIONS AGENCIES Campaigns submitted to the responsible marketing panel by brand companies and market companies MANDATORY FOR THE STRATEGIC & KEY LOCAL BRANDS DELIBERATIONS OF THE PANEL LASTING “Copy Advice” UP TO 7 DAYS submission THE CONTROL’S SCOPE : confidential advice ADVERTISING The panel assessment is formalized: INTERNET compliance form filled in for every commercial campaign SPONSORSHIP NEW PRODUCTS

RECOMMENDED GREEN ASSESSMENT AMBER ASSESSMENT RED ASSESSMENT IF ANY DOUBTS : Approved without Approved subject to Rejected + must be PROMOTION any restriction modifications re-submited

COPY ADVICE POSSIBLE FOR PRODUCT PLACEMENT REPORTING: a monthly report of the campaigns controlled is submitted to the comex.

ANNUAL EXTERNAL AUDIT

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 6 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 1 • be of a height of letters equal to 1/100 of the Commercial Communications should: overall sum of height and width of the advertise- MISUSE ment if no other stricter minimum size is required • be legal, decent, honest and truthful by the industry or any local law or regulation. If and conform to accepted principles the RDM consists of or includes a logo, it should of fair competition and good business 1.1 Commercial Communications should not en- be of an appropriate size to ensure legibility. practice; courage or condone excessive or irresponsible consumption, nor present abstinence or moder- The RDM should be expressed in the language • be prepared with a due sense of social ation in any negative way. most easily understood by the target audience responsibility and be based on principles and adapted to local situations. In the EU, all of fairness and good faith; and 1.2 Commercial Communications should not print local advertisements and POS materials show people who appear to be drunk or in any will, unless other local requirement, preferably • not offend prevailing standards of way imply that drunkenness is acceptable. include the website address of the self-regula- taste and decency, be unethical or use tion website for consumer information (www. degrading stereotypes or situations. 1.3 Commercial Communications should not sug- drinkaware.co.uk, www.responsibledrinking.eu, gest any association with violent, aggressive, ille- www.disfrutadeunconsumoresponsable.com or gal, dangerous or antisocial behavior. www.wineinmoderation.eu). If this web address is self-speaking an additional RDM may be used, 1.4 Commercial Communications should avoid but is not mandatory on the advertisement. any association with, acceptance of, or allusion to drug culture or illicit drugs. 1.6 As a signatory of the IARD (International Alli- ance for Responsible Drinking) www.iard.org For all print, TV, cinema and digital adver- 1.5 5 commitments PERNOD RICARD will provide tisements, a responsible drinking message (RDM) on all bottle labels, by the end of 2017 , a “con- shall be included. The RDM must be clearly legi- sumer info website” about the risks of excessive ble and noticeable on the advertisement. For dig- or inappropriate drinking. ital media, the application of this rule is discussed further in the annexed digital guidelines. Unless technically not feasible, to ensure legibility and visibility the RDM shall: • be prominent, horizontal and affixed in a clearly visible place • be in a font and/or color which clearly contrasts with the background

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 7 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 2 2.4 Commercial Communications should not use ARTICLE 3 objects, images, styles, symbols, colors, music MINORS and characters (either real or fictitious, includ- DRINKING ing cartoon figures or celebrities such as sports heroes) of primary appeal to children or adoles- & DRIVING 2.1 Commercial Communications should not be cents.(2) primarily aimed at minors, nor show minors con- Commercial Communications should not sug- suming alcohol beverages. Commercial Communications should not use 3.1 2.5 gest that the consumption of alcohol beverages brand identification such as names, logos, games, is acceptable before or while driving motor vehi- Commercial Communications should only game equipment or other items of primary ap- 2.2 cles or equipment of any kind, including but not promote alcohol where at least 70 percent of the peal to minors. limited to speed boats, jet-skis, snow-mobiles or audience are reasonably expected to be adults of (1) For this Code, the Legal Purchase Age (LPA) or Legal Drinking airplanes. Legal Purchase Age or Legal Drinking Age (1) or Age (LDA) is the minimum age to buy or drink alcohol in the rel- older (e.g., print, broadcast, digital, events). They evant local jurisdiction. Should no local LPA/LDA exist, or should a breakdown of the respective local LPA not be available; 18 years 3.2 Any association of our brands with motor should not promote alcohol beverages where of age should be used. sports must be managed in respect of principles more than 30 percent of the audience is known (2) In the E.U, PERNOD RICARD is a signatory of the “Responsi- defined by art 3.1 or reasonably expected to be minors. In the U.S., ble Marketing Pact” which contains as a best practice guidance a “black list” and a “road test” to ensure compliance with that the standard is 71.6 percent and 75 percent in UK, commitment. so if the communications can be seen by audi- ences in those countries, they must comply with the highest standard. ARTICLE 4

2.3 Commercial Communications should not use HAZARDOUS models and actors who are not at least 25 years ACTIVITIES, of age. WORKPLACE & RECREATION

Commercial Communications should not suggest that the consumption of alcohol beverages is acceptable before or while operating potentially dangerous machinery, or with undertaking any potentially hazardous recreational or work-related activity.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 8 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 5 ARTICLE 7 ARTICLE 9 HEALTH ASPECTS ALCOHOL SOCIAL SUCCESS CONTENT 5.1 Commercial Communications should not Commercial Communications should not suggest claim or imply that alcohol beverages may have that the consumption of alcohol beverages is a Commercial Communications should not cre- therapeutic properties or that consumption may 7.1 requirement for social acceptance or success. ate any confusion as to the nature or content of help prevent, treat or cure any human disease alcohol beverages. or illness. Commercial Communications may present Where permitted by law, Commercial Com- 7.2 5.2 information for consumers on alcoholic content, ARTICLE 10 munications using truthful and accurate factual but should not emphasize high alcoholic content statements about carbohydrate, calories or oth- as a dominant theme in any brand communica- SEXUAL SUCCESS er nutrient content may be appropriate in some tions. However, messages may not imply or state circumstances. that consuming alcohol beverages of low alcohol 10.1 Under no circumstances should Commer- content will avoid abuse. cial Communications, offend generally prevailing standards of taste and decency.

ARTICLE 6 10.2 Commercial Communications should not ARTICLE 8 suggest that the consumption of alcohol bever- PREGNANCY ages enhances sexual capabilities, attractiveness PERFORMANCE or leads to sexual success. 6.1 Commercial Communications should not show a pregnant woman drinking or be aimed at Commercial Communications should not create pregnant women. the impression that consumption of alcohol beverages enhances mental ability or physical per- All PERNOD RICARD bottles shall include the 6.2 formance or has an energizing effect, e.g., when pregnancy logo unless otherwise prescribed by engaging in activities requiring concentration in local laws. order to be safely executed.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 9 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 11 11.5 PERNOD RICARD should not produce any beverage alcohol product that contains excessive PRODUCT amounts of added stimulants (3) and should not market any beverage alcohol product or promote INNOVATION any beverage alcohol combination as delivering energizing or stimulating effects. For all brands, special care must be taken with The Responsible Marketing Panel (RMP) shall “new products” and related marketing activities. 11.6 in the first instance review compliance with the PERNOD RICARD Code for Commercial Commu- New products include entirely new to market, 11.1 nications. Such review should be supported by as well as existing product, innovations where a any marketing materials or brief that is reasona- significant change in labeling, packaging or flavor bly necessary for the RMP to determine whether is proposed. there is compliance. For example, the materials should at a minimum describe the manner in New products and their related marketing 11.2 which the new product is planned to be market- activities should not be directed at or primari- ed and promoted (the consumer insight, target ly appeal to minors or underage persons. New group…) products and their related marketing activities should not be associated with the use of codes, (3) No more than 200 mg/l of caffeine based on a consensus terms, symbols or words associated with youth of research and regulatory information, as outlined in the report Stimulants Added to Alcohol Beverages: Research Review and culture. Discussion.

11.3 New products and related marketing activities should not imply or state that they should be consumed excessively.

11.4 New products and their related marketing activities should not lead to consumer confusion with non-alcoholic beverages. Branding and alcohol content should be indicated in a clear visible place and of an appropriate size to ensure legibility so it is reasonably clear that the product is a beverage alcohol product.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 10 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

FURTHER GUIDANCE AND TRAINING COMPLIANCE WITH LAWS, ANNEXES AND REFERENCES ON THE IMPLEMENTATION OF REGULATIONS AND OTHER THIS CODE FOR COMMERCIAL INDUSTRY CODES The Code for Commercial Communications is COMMUNICATIONS further clarified and explained in the attached All Commercial Communications must be in ac- Annexes that include specific guidance: If further advice is required on the understanding cordance with all local or national applicable • For Internet brand marketing activities (An- or interpretation of the provision of this Code for laws, regulations and self-regulatory codes of nex 1) Commercial Communications, PERNOD RICARD practice. employees should contact members of the RMP. • For Point of Sales promotions (Annex 2) All submissions of campaigns either for “confi- • For Sponsorship (Annex 3) dential copy advice” or “formal approval” should be uploaded on the dedicated online address COMPLIANCE BY EXTERNAL [email protected]. Except in exceptional CONSULTANTS circumstances, a reply should be provided by the PERNOD RICARD marketing teams should en- USEFUL LINKS RMP within seven (7) business days. sure that external consultants such as advertis- Link IARD ing, marketing, social media, digital, public re- To ensure the best implementation of the this Main site: www.iard.org lations and sponsoring agencies, are aware of Code, in addition of in-person trainings, market- this Code and this guidance. To ensure this, they ing teams, legal, CSR, public affairs and commu- List of age regulations by country: should receive training by local teams or com- nication teams should complete the “responsible The minimum legal age limits tables plete the PERNOD RICARD “responsible market- marketing e-learning” provided by PERNOD RI- ing e-learning” module http://www.responsible CARD University and obtain their “certificate of The Discus guidelines (U.S.) can be found at: marketingelearning.fr/xe1825FRzqh$WjkMn/. achievement” https://tas-pr.taleo.net. http://www.discus.org/responsibility/code.asp

E.U Common Standards on Commercial Commu- nications can be found at: http://spirits.eu/files/upload/files/spirits EUROPEguidelines.pdf

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 11 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ANNEX 1 PERNOD RICARD REGULATORY GUIDELINES FOR DIGITAL COMMUNICATIONS ACTIVITY

OVERVIEW 13 PR DIGITAL GUIDELINES PAPER 2: Ensuring that email communications respect privacy and that all commercial communications are readily identifiable as such 22 Emails that contain an invitation to “send to a friend” 22 PR DIGITAL GUIDELINES PAPER 1: Ensuring a responsible approach is taken, particularly towards Seeding/transparency 22 those below the legal drinking age 13 Transparency on blogs, forums etc 22 Appendix 1 A – Age Affirmation Page details 14

Appendix 1 B – Checking site age profiles 15

Appendix 1 C – Detailed guidelines for some specific communication vehicles 15 PR DIGITAL GUIDELINES PAPER 3: Applications (e.g., IPhone, Android etc) 15 Ensuring proper control of the Intellectual property issues Blogs 16 connected with our use of digital media 23 BlueTooth and similar near field technologies 16 Instant Messaging 16 Advertising on Mobile devices 16 Gaming 16 Podcasts 16 QR codes 16 POS/Event based digital experiences 17 Relationship Marketing 17 RSS Feeds 17 Search Engine Marketing & optimization 17 Wiki’s (e.g., Wikipedia, PBwiki) 17 Social media sites 17 Appendix 1 D – Standards of user generated content 19

Appendix 1 E – Responsible Drinking Pact 19

Appendix 1 F – Responsible Drinking Message 20

Letter Height 21

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 12 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

OVERVIEW • Ensuring a responsible approach is taken, par- to be shown on both the AAP and the Home ticularly towards those below the legal drinking page of all brand websites. Digital activity is a channel within PERNOD RI- age. CARD’s overall communications. As such it is in- Paid (and unpaid) for space and PERNOD RI- • Ensuring that email communications respect cluded within the Code for Commercial Commu- CARD produced editorial or commentary can privacy and that all commercial communications nications. However, there are a number of areas only appear on sites where at least 70% of the are readily identifiable as such. where the nature of the medium requires clearer audience is above LPA/LDA. Appendix B gives guidance, which is why these guidelines have • Ensuring proper control of the Intellectual details of the process used to determine wheth- been developed. property issues connected with our use of digi- er or not a site meets the required age profile. tal media. (Elsewhere in this document this rule is referred There are a variety of guidelines available within to as “the 70% rule”). the spirits industry regarding digital communications activity (for example, Discus, IARD, Respon- Any material designed for sharing, irrespective sible Marketing Pact for the EU). These tend to of where it is placed, must carry an appropriate be geographically delineated but have a strong warning that it should not be shared with anyone degree of overlap. PR DIGITAL GUIDELINES PAPER 1: under the age at which it is legally permitted to ENSURING A RESPONSIBLE purchase or drink alcohol in the country of view- A lot of work on the internet is intended to be APPROACH IS TAKEN, ing. This will be referred to throughout this doc- global in nature and even work intended for one PARTICULARLY TOWARDS THOSE ument as a “download or sharing advice notice”. particular market can usually be viewed else- BELOW THE LEGAL DRINKING AGE where. Video footage that can be shared or downloaded Whenever alcohols marketing actively engage a must carry a beginning frame that carries an age user to interact with a brand, an age affirmation The PERNOD RICARD guidelines represent an warning “this material relates to the promotion mechanism should be implemented before entry attempt to distill the different guidelines into a of alcohol and should not be viewed by anyone to check that this user is over LPA/LDA. common standard to be used by all PERNOD RI- below the legal age of alcohol purchase in the CARD companies across all markets. Nonethe- country of viewing” (please note that whenever All websites operated by PERNOD RICARD, with less those responsible for digital communications TV commercials are put onto sites they should the exception of those pertaining to corporate need to work with local markets to ensure that carry this frame irrespective of whether it is in- financial issues, must carry an age affirmation they comply with all relevant legal restrictions tended that they should be downloaded). page (AAP sometimes referred to as LDA or LPA and regulatory guidelines. If there are any appar- or AVP page). Precise details of what such a page ent contradictions between local regulations and PERNOD RICARD teams should ensure that on includes can be seen in appendix A. these guidelines please check with Responsible social media all accounts, pages, channels and/ Marketing Panel members. or profiles identified as official ones. All websites and other brand owned or sponsored sites (e.g., Facebook pages, Twitter Feeds, There are three major areas where guidelines pre- Groups or channels that are run by PERNOD Apps etc) should contain a Responsible Drinking vail and, for ease of reference and quicker initial RICARD on third party websites (for example a Message (RDM). Detailed requirements for the delivery, each of these will be the subject of a Facebook Page or a YouTube channel) should RDM are shown in Appendix 1F. The RDM needs separate guidelines paper: wherever possible employ an age-gate mech-

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 13 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3 anism. No group or channel should be run by APPENDIX 1 A Access must then be blocked to any visitor be- PERNOD RICARD or its agents unless the site low LPA/LDA. Blocked visitors should be given meets the 70% rule regarding audience profile. AGE AFFIRMATION an appropriate message and/or directed to an Nor should PERNOD RICARD engage with any appropriate alternative site (e.g., http://www. group or channel that does not meet the 70% PAGE DETAILS drinkaware.co.uk/, http://acceptresponsibility. rule. Where it is not clear that 100% of the view- org/). If they are not directed elsewhere they ers are aged over LDA then a notice must be should not be able to easily back click and re-en- posted that the material shown is only intended All first-time visitors to the brand site (or oth- ter a different date of birth. for those over legal drinking age. Specific guide- er location where an AAP is required) should be lines for some of the main channels are shown in required to navigate an Age Affirmation Page Visitors may be invited to set-up a “Remember appendix C. (AAP) unless they are being referred from a web- me” option to facilitate easier access to the site in site which itself is age-protected to a similarly future. This invitation should be accompanied by User Generated Content may not be directly up- rigorous standard. This includes traffic generated a reminder to the visitor to consider the appro- loaded to any PERNOD RICARD owned or con- from pay per click search engines, natural search priateness of this option if the computer is shared trolled website (or page) but must be reviewed campaigns and displayed advertising campaigns. with someone aged under legal purchase age. The before it appears (pre-moderated) or inappro- storage of the birth date information recorded by priate content removed within a business day The method of age affirmation should require the cookies must be time-limited. Since there are window in line with the guidelines given in ap- the visitor to actively input their date of birth no global rules regarding the retention period, pendix D. including day, month and year or, where possible, the maximum retention period of the information similar mechanism with same effect (Example: stored in the cookies must be determined in com- All models or actors appearing on any PR con- display the year field first and only the month in pliance with the applicable local legislation. trolled site or part thereof must be (and appear case the year is in conflict with LPA/LDA, and day to be) over the age of 25. only in case the month is in conflict with LPA/ Direct electronic communications to registered LDA). These should not be prefilled with example members of LPA/LDA only may contain a link No images, including any User Generated Con- dates. allowing direct entry to the site (i.e., by-passing tent, of anyone who is or appears to be below the AAP). LPA/LDA and involved in drinking alcohol may be For online sales (e-commerce) (where legal and shown on any site (or part thereof) within PER- based on all relevant legal restrictions and regu- AAP pages, like all website pages should carry NOD RICARD’s control. latory guidelines), websites should carry a sim- Terms and Conditions and a Privacy policy. plified Age Affirmation Page on the home page All digital requirements and illustrated examples to check if the visitor is above LPA/LDA in the All AAP pages must carry a prominent respon- are summarized in a “digital checklist” and Exam- country. Users should however enter their full sible drinking message and a link to a consum- ples and Illustrations that has to be applied and date of birth before the act of purchasing. er information website on responsible drink- controlled by the marketing people developing ing where available (in Europe this should be brand activation on the Internet. Users should be asked to select their country of www.responsibledrinking.eu and in the USA location from a drop down list. Alternatively they http://responsibility.org/). Further require- may be asked to tick a box to confirm their coun- ments regarding the RDM can be found in Ap- try of location based on their IP address. pendix 1F

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 14 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

Visitors to the AAP may be below legal purchase currently does not include individuals aged un- attracting a significant proportion of under LPA/ [drinking] age and thus they may not be shown der-15). These sources should therefore be used LDA visitors following a review of: marketing messages. A minimal reference to the with caution. • the (proposed) content of the website; brand (for example a small product shot or logo is permitted). • Independent demographic survey - If a website • comparable web sites; is not measured by a syndicated data source, or • data provided by the publisher regarding the Corporate websites, intended to communicate the source does not provide convincing evidence target audience; company information rather than to promote a of whether or not the 70% threshold has been particular brand(s), do not need to feature an age met, companies should ask the website publisher • any other relevant factor. affirmation page. However if there are sections to provide evidence of the age profile measured within these sites dedicated solely to brands then through an independent demographic survey. these sections should have an AAP. • “Registered user” database – If neither of the APPENDIX 1 C above sources are available, or these data do not clearly demonstrate whether or not the 70% DETAILED GUIDELINES APPENDIX 1 B threshold has been met, but the website publisher operates a “registered user” database incorpo- FOR SOME SPECIFIC CHECKING SITE rating an age confirmation element, companies should use this as evidence of the likely age pro- COMMUNICATION AGE PROFILES file of overall visitors. VEHICLES If a site does not meet the 70% threshold but In determining whether a particular third-party operates a registered user database and has Applications (e.g., IPhone, Android etc) website is a suitable vehicle for alcohol mar- the ability to target users demographically with keting, companies should refer to the following advertisements based on the date of birth they Where there is an age requirement included in sources, in order of reliability: gave when registering, a company may place an the service (e.g., ITunes has a 17+ option) the ap- advertisement as long as it is seen only by regis- plication must only be available in 21+ or closest • Syndicated data source – This should gener- tered users of LPA/LDA. to that. If there is no age requirement specified ally be seen as the most reliable evidence of a by the service or it is below 21+ then there must website’s audience profile. The most appropriate In the event that none of the above is available, be an additional notice stating that the applica- indicator is the most recent three months site for example because it is a non-permanent (e.g., tion should only be downloaded by those of 21 average of available audience data of unique vis- event-specific) website, a company should place years or over. itors (where seasonal fluctuations are evident the marketing content only if either the website is previous year’s data should also be taken into ac- age-protected to at least a similar standard as Where access to an application is limited to a count, if available). Companies should be aware, that expected of alcohol brand websites or it is specific country then the age requirement may however, that some syndicated sources do not entirely satisfied that the website unquestionably be the higher of LPA or 18 years. cover all ages (for example, some suppliers’ data is targeting an adult audience and runs no risk of

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 15 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

If the service can prevent users who do not meet BlueTooth and similar near field technologies Gaming the age criteria from downloading the application then this should be enacted. BlueTooth messaging or similar near fields tech- Advertising within third party games can only be nologies should link directly to an AAP unless it run if the audience to the game can reasonably Applications must have an age affirmation in the is being only used in areas where the audience be shown to be within the 70% rule or sales of app itself that shows the first time it is used. It is restricted to those of legal drinking age (e.g., the game are restricted to over LPA/LDA. If you does not need to be repeated each time the app Private events, Clubs and bars). are intending to undertake this type of activity is used. please speak to Responsible Marketing Panel members. Applications must have a responsible drinking Instant Messaging message visible on the Welcome screen or the “Advergames” are permissible but the distribu- Home Screen (ideally with a link to responsible PR and its agents may only Instant Message to tion of these games must be through websites drinking content in your region or country as ap- recipients who are registered users of a specif- that have AAP’s and they must also contain a plicable). Detailed requirements can be found in ic club or group (e.g., Glenlivet guardians) and warning that they are intended only for those of Appendix 1F. have already affirmed their age as a part of that LPA or above. registration and consent to receiving such communications. Blogs Podcasts

All PR blogs should be located on a site/platform Advertising on Mobile devices Podcasts should carry a download advice notice that has an AAP. and only be located on sites which have an age Third party mobile sites which are used for adver- affirmation page. PR or its agents should only make comments on tising must meet the 70% rule. Marketing material blogs where there is a reasonable expectation (e.g., sweepstakes) which is accessed via a mo- that at least 70% of the audience is aged over bile phone must carry an age affirmation page. QR codes LPA/LDA. Direct messaging to mobile devices may only be (Quick response codes are two dimensional bar All PR blogs should carry a Responsible Drinking undertaken to recipients who are confirmed that codes that when scanned or photographed link Message within the blog introduction. Detailed they are over the legal age of alcohol purchase to a particular website). guidelines can be found in Appendix 1F. (for example they may be part of a registered club) and consent to receiving such communi- Unless they are situated in age restricted areas cations. Phone (device) registration data alone (e.g., clubs or bars) or are accessed via an age is not considered acceptable as in many cases a affirmed website, QR codes should wherever pos- minor’s phone is registered to their parent. sible link to material which carries an age affirmation page. QR codes should be accompanied by a notification that the content to be found is intended for those over LPA only.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 16 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

POS/Event based digital experiences Social media sites PERNOD RICARD and its agents may provide material to individuals of LPA/ LDA to use on Should have age affirmation page unless they are Twitter a blog or social media page that is directly re- in an area that is restricted to LPA (e.g., Clubs or lated to a specific PERNOD RICARD brand (for Advertising on Twitter is subject to the 70% rule. bars) or controlled by a person. If controlled by example a Facebook user Group entitled “Chivas Branded Twitter Feeds should be age gated. a person they must ensure that anyone using the Regal lovers”. where there is reasonable expecta- This is possible using Twitter Age Gate system system is over the legal drinking age. tion that 70% of the audience is over LPA/ LDA. (more info here: https://support.twitter.com/ar- The content should be routinely monitored and ticles/20169945) the relationship terminated for failure to comply Relationship Marketing with this Code. Age affirmation may be required Branded Twitter feeds should carry a responsible depending on the frequency of posts. Please con- drinking message within their introductions. This Relationship marketing can only be undertaken sult the Responsible Marketing Panel. It is per- should be in the same font, color and size as the by registered users who in registering have af- missible for PERNOD RICARD to put material on rest of the introductory text. firmed that they are over LPA/LDA a publicly available website (subject to age affirmation) that can be downloaded and reused on Twitter Feeds must contain a notice on their such blogs or social media pages provided that home page saying that the content is only in- RSS Feeds such material is accompanied by the appropriate tended for viewing by those over the legal age download notices. of purchase or drink in their country of residence Really Simple Syndication feeds allow content or viewing (whichever is older). to be taken into the users’ aggregator (or read- It is permissible for PERNOD RICARD and its er). The link back to the content requires that agents to send material to bloggers and writ- the user goes through the original site’s Age Af- Facebook ers for use on more general sites (e.g., “World of firmation Page (although the site may utilize “a Whisky”) where there is no risk of confusion that Facebook pages should be set up to only be remember me” feature). such a site or blog may be belonging to, or be available to anyone over legal age of purchase wholly sponsored by, PERNOD RICARD. or drink. This can be achieved by selecting the “Alcohol Related” Age restriction in the Facebook Search Engine Marketing & optimization PERNOD RICARD and its agents may only com- page administration panel under the “Manage municate with other Facebook groups or individ- permissions” category. The page must also be Search Engine links (e.g., Keywords) must direct uals if they have good reason to believe that the categorized in the “Wine/Spirits” category. Addi- users to the age affirmation page of the appro- audience to that site meets the 70% rule. tionally they should have a message on the page priate website. outlining that this page should not be read or accessed by anyone under legal purchase age. (Technically this should not be necessary as the Wiki’s (e.g., Wikipedia, PBwiki) page will only be visible to Facebook users over the appropriate age; however the message will PERNOD RICARD should only participate in make it clear to regulators that we are taking a Wiki’s which meet the 70% rule. responsible attitude to underage drinking).

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 17 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

All user comments should be checked within one to a location that is age gated for alcohol-related If a part of your video is used as an advertising business day maximum and inappropriate mate- content. Additionally branded Instagram pages campaign and displayed as a teaser (meaning rial (see Appendix 1D) removed forthwith. In ad- should contain both a responsibility message and less than 15 seconds of viewing), you are author- dition to manually monitoring all user comments, a note that material is intended for people over ized to display the RDM in a ticker field at the it is strongly recommended to put in place an legal drinking age. bottom of the screen during the 15 seconds. It automatic tracking of priority keywords includ- means you can display your full content during ing profanities and CSR terms to reply/moderate/ Pinterest 15 seconds for this advertising. remove non appropriate content. This should be Branded Pinterest channels are acceptable with- part of the community management process set- out age gates but any linking from the site should Others up with internal and/or external teams. be to a location that is age gated for alcohol re- Advertising on all other social media sites is sub- lated content. Additionally branded Pinterest ject to the 70% rule. All PERNOD RICARD brand pages should include pages should contain both a responsibility mes- a RDM on the cover photo. A Responsibility tab sage and a note that material is intended for peo- Additionally, where it is possible to limit adver- that includes a “Responsible Drinking Pact” that ple over legal drinking age. tising to those of LPA/ LDA (e.g., an age-gate sets out responsible behaviors to be followed by or registered user database) then this should be Facebook users when posting content (comment, done. photos, videos etc.) shall be added within the YouTube (Vimeo, Hulu and other video sharing first 4 tabs in the top level Facebook page nav- sites) Any sponsored locations should carry a message igation under the cover photo (i.e., immediately All video material placed on this type of site that this material is for viewing only by those visible) to all brand pages of PERNOD RICARD. should have an age warning at the beginning ir- of legal purchase age. All sponsored locations respective of whether or not it is intended to be should carry a responsible drinking message. A Responsible Drinking Pact template for PER- downloaded. PERNOD RICARD and its agents (See Appendix 1F for detailed requirements) NOD RICARD is attached hereto as Appendix should only upload material to sites which meet 1E. It is recommended to use this template. This the 70% rule. Any downloadable material should carry a down- template and the name of the document may load advice notice. nevertheless be adapted by brand companies Wherever possible branded video channels and market companies in accordance with local should be age gated or restricted to registered When someone passes directly from one of our customs and considerations. viewers of legal drinking age. sites with an age affirmation page to another of our sites, they may bypass the age affirmation Youtube Age Gating Guide: https://support.goog- Instagram page on the second site. le.com/youtube/answer/2950063?hl=en Official branded Instagram channels must use the age gate mechanism put in place in April 2015. All branded video channels should contain a re- The enablement of this age gate can be done via sponsibility message within their introduction of our Facebook representatives (detailed presenta- the same font color and size as the rest of the tion available on Chatter or via our CSR Leader). introductory text. (See Appendix 1F for detailed Any linking from an Instagram account should be requirements)

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 18 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

APPENDIX 1 D APPENDIX 1 E • promotes over-consumption or condemns or criticizes in any way anyone who chooses not to STANDARDS OF USER RESPONSIBLE drink alcohol; GENERATED CONTENT DRINKING PACT • portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging any kind We ensure all our marketing communications [Brand company or Market company] and all of dangerous activity; are socially responsible and in line with industry companies within the PERNOD RICARD group • implies alcohol beverages have any physical, codes of practice. This means that all content carry on a long-standing tradition of dedication psychological, intellectual benefits or contributes posted by users of this site must comply with to responsible drinking. to sexual success; the following rules: Through a broad range of initiatives, often in • implies alcohol beverages gives confidence or • It must not glorify the alcohol strength, rela- partnership with a wide range of organizations, helps to overcome individual or social problems; tively high alcohol content or intoxicating effect including industry associations, regulators and of a drink; • glorifies the alcohol strength, relatively high public authorities’ representatives, PERNOD RI- alcohol content or intoxicating effect of a drink; • It must not associate a drink with bravado or CARD and its affiliates are deeply committed to with violent, aggressive, dangerous or anti-social promoting responsible drinking and discouraging • mentions drinking alcohol in relation to any behavior; misuse of our products. kind of illegal, antisocial, dangerous, aggressive or violent behavior. • It must not suggest any association with, ac- As a consequence of our commitment to pro- ceptance of or allusion to, illicit drugs; moting responsible drinking, we hope you un- Should your Post be not compliant with the here • It must not associate a drink with sexual suc- derstand that we expect that fans will not post above, you understand that we will remove it. cess; any comments, photos, videos and other type of content (“Post”) which: We believe responsible drinking is consistent with • It must not suggest that drinking can lead to the maintenance of a balanced and positive life- social success or popularity; • features any people who are or appear to be style for most adults who choose to drink. under the legal drinking age, including featur- • It must not encourage illegal, irresponsible or ing any people who are associated with drink- immoderate drinking; For more information on our commitment for re- ing, who are not, or who do not look, over legal sponsible drinking, please visit [any URL of the • It must not encourage “down-in-one” con- drinking age [25 years old for sites designed to Group dedicated to responsible drinking and/or sumption; a predominant UK audience]; http://www.responsibledrinking.eu/ and/or www. • It must not have a particular appeal to those • is made by someone under the legal drinking discus.org/responsibility and/or local page ded- under legal purchase age; age; icated to responsible consumption]. To provide feedback on how we can improve these efforts, • It must not suggest that a drink can enhance • encourages underage purchase or drinking of do feel free to leave your comments here below! mental or physical performance; alcoholic beverages or illegal, irresponsible or immoderate drinking;

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 19 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

APPENDIX 1 F On Facebook pages, the RDM must be shown on the Cover photo. In addition there must be a RESPONSIBLE “Responsible Pact” tab (it does not need to be named Pact but it must clearly relate to responsi- DRINKING MESSAGE bility). This tab must be one of the first four tabs and therefore immediately visible on the page. All PERNOD RICARD marketing communications The message can appear in two different forms. (e.g., websites, advertisements, apps should con- On advertisements and websites it appears as a tain a responsible drinking message. The precise line of copy. The letter height is subject to a spe- text of the message may be varied but should cific formula (outlined below) and the text should advocate responsible drinking. The message can be in a contrasting color to the background to use the brand name but should not use the brand ensure good visibility. logo.

On brand websites the RDM must appear on both the AAP and the Home page. On applications it must appear on either the Welcome screen or the Home page.

All those sites should also carry a link or section directed to a simple page presenting the commitment of the brand to responsible drinking.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 20 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

LETTER HEIGHT TWITTER FEED: YOU TUBE: As a general rule the height of the letters should RDM included in introduction RDM to be added be 1/100 the addition of the width and the height of the communication size (rounded to the near- est whole pixel). For example on the cover photo of a Facebook page, the cover photo is 851 x 315 pixels. The letter height of the RDM should therefore be 12 pixels (851+315)/100.

However in some instances this gives an RDM that is too small to be legible. The table below therefore gives the required sizes in pixels for standard IAB ad units:

AD SIZE REQUIRED SIZE (pixels) 88  31 button - no RDM 120  60 no RDM if click through FLICKR: 160  600 10 introduction available 300  600 10 on brand profile page 180  150 10 180  160 10 728  90 12 970  90 12 300  250 13 550  480 13 970  250 13 300  1050 14 850  550 14 On sites where there is no opportunity to add a The nature of Digital media is that there is a very

All sizes shown in Pixels line of copy then the responsible drinking mes- fast pace of change so even if there are no spe- sage should be included in the introductory text. cific instructions regarding particular sites please In these instances the text should be in the same ensure that a responsible drinking message is in- size, color and font as the rest of the introduction. cluded in all your digital marketing communica- Examples of sites where the RDM should take tions in line with the principles above. If you are this form include (but is not limited to) Twitter, in any doubt about how to achieve this please YouTube and FlickR Examples are shown below. contact [email protected].

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 21 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PR DIGITAL GUIDELINES PAPER 2: If a marketing email has not been given prior con- Seeding/transparency ENSURING THAT EMAIL sent (i.e., the recipient has not agreed to accept COMMUNICATIONS RESPECT it, by, for example, signing up for a newsletter) If we pay (in cash or in kind) for any material or PRIVACY AND THAT ALL then that message must be clearly identifiable messages to appear on a blog, twitter feed, Face- COMMERCIAL COMMUNICATIONS from its subject heading that it is an advertise- book site, website or similar then it must be made ARE READILY IDENTIFIABLE AS ment or sollicitation. clear to the reader that that is the case. This is SUCH equally true if the payment is made via a third All requests for opt-outs must be honored within party company (such as GoViral or ebuzzing). The following rules apply to the collection and ten working days after receipt. use of email addresses: This does not prevent the company or their PR agents sending material for review to established Email addresses can only be collected after Emails that contain an invitation to “send to a bloggers in a comparable manner to press jour- age-affirmation. The addressee should consent friend” nalists. (opt-in) to be placed on an email list. This should take the form of a box which should be ticked to As with all material that can be downloaded or Please also note that the 70/30 age rule applies OPT – IN. The box must be actively ticked, so the forwarded, there should be a notice explaining to blogs where PR or their agents are seeding default should be that the box is left blank. that the recipients of anything forwarded must content. be of legal purchase age in the country in which All marketing emails must be sent from a func- they are resident. tioning email address that can accept replies Transparency on blogs, forums etc Any email that is designed to be forwarded All marketing emails must contain the following should contain a message noting that persons If a PERNOD RICARD employee or agent makes information: receiving the message should be of legal pur- any form of comment that relates to PERNOD chase age in their country of residence. RICARD brands or any PERNOD RICARD spon- • Instructions on opting-out from receiving fu- sored or funded event then they must clearly ture messages; Emails designed to be forwarded should take the state that they are an employee or agent of the • Accurate origin/routing information; recipient through an AAP before they receive company. This includes comments made on any the bulk of the message. Thus for example a for- personal sites. Equally if an employee refers to • The brand or company name and a physical warded message can contain a statement such PERNOD RICARD events or uses PERNOD RI- postal address. as “look at this great new film from Malibu”, but CARD products, brands or pictures on a person- then link to the film via an age verification page. al blog, forum or social network, this should be done with a due sense of responsibility.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 22 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PR DIGITAL GUIDELINES PAPER 3: If you have a time limit to your rights to use some- ENSURING PROPER CONTROL OF thing then ensure that it is taken down as soon as THE INTELLECTUAL PROPERTY those rights have ended. ISSUES CONNECTED WITH OUR USE OF DIGITAL MEDIA Ensure that Users are informed that they may only post material to which they have the appropriate copyrights. In some instances, for example There are five key areas of concern Facebook, this is covered by the terms and conditions of the site you are using. Only use material which you have the rights to use. As with conventional advertising you need Ensure before posting any material that Users to have rights to use all materials. This includes give you the right to use it. Again, for some sites such things as models/voiceover, music (lyrics, (such as Facebook) this is included in the terms musical arrangement), look and feel, background and conditions already. (other people, other brands, household names, books), and cinematographers rights. By way of Ensure that you have a facility in place whereby example, please note that photographs taken at people can contact you if they feel that you have events need the written consent of all those who posted something which contravenes their cop- are visible within them. Two consents from the yright or any other IP right. subjects are required – to being photographed, recorded or filmed and to the subsequent ex- The opportunities offered by digital are increas- ploiting or making public that material. Addition- ingly exposing us to IP issues. Whenever you are ally a consent is required from the photographer involved with digital content please ensure that who owns the copyright. you have involved your legal team.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 23 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ANNEX 2 GUIDELINES FOR RESPONSIBLE PROMOTIONS

INTRODUCTION 25

TYPES OF PROMOTIONS 25

GUIDELINES FOR POINT-OF-SALES PROMOTIONS 26 Basic Principles 26 Article 1 - Misuse 26

Article 2 - Minors 27

Article 3 - Drinking and Driving 27

Article 4 - Hazardous Activities, Workplace & Recreation 28

Article 5 - Health Aspects 28

Article 6 - Pregnancy 28

Article 7 - Alcohol Content 28

Article 8 - Performance 28

Article 9 - Social Success 28

Article 10 - Sexual Success 29

Article 11 - Sampling 29

PROHIBITED PHYSICAL POS / PROMOTIONAL ITEMS 30

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 24 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

INTRODUCTION Given the complexity and structure of the bever- TYPES OF PROMOTIONS age alcohol industry and the restaurant, retail, bar These Guidelines for Responsible Promotions and hospitality business globally the manufactur- Promotional activities of alcohol beverages can are an integral part of the Code for Commercial er whose product(s) is/are part of a promotional take place broadly in the following types of set- Communications. They apply in addition to the activity may not always be involved in or even tings: Common Standards and should therefore be read aware of that particular activity. This of course • In store (small shops, supermarkets, hypermar- in conjunction. affects the degree of control – if any – the man- kets); ufacturer can exert over the content and tone of PERNOD RICARD recognizes that promotions such activities. The operator and/or owner of the • On-premise (licensed establishments); are an appropriate and valuable marketing tool venue where the promotional activity takes place • Third party events; to: are important parties for the implementation of promotional activities. • In-house (e.g., production facility tours); • enhance customer awareness of a product/ brand; • Own events in non-traditional locations (e.g., This said, PERNOD RICARD recognizes that it is brand-owner sports event, brand’s music or • showcase a new product/brand. in its interest and in the interest of the society dance festivals, train stations, on the beach, old as a whole that beverage alcohol products are industrial sites, spontaneous gatherings/events As with all commercial communications, promo- promoted responsibly. PERNOD RICARD there- organized via sms); tions should: fore commits itself to working with the relevant organizations helping to ensure that these Guide- • Private homes of consumers. • be developed, implemented and managed re- lines are fully understood and communicated sponsibly; widely in sectors such as: As circumstances and settings greatly vary, there • never be aimed at underage drinkers; is not one rule for everyone. These Guidelines, • Retail; based on the provisions of the Code Commercial • never encourage violent, aggressive, danger- • Hotels / restaurants / cafes / bars / nightclubs Communications, aim to provide practical tips on ous, anti-social or illegal behavior, drink driving / discotheques; a number of aspects concerning promotional ac- or alcohol misuse; tivities: • Tourism boards; • never be demeaning to any group in society • setting; or otherwise offend accepted standards of taste • Educational bodies and institutes from the HO- and decency; RECA industry; • content; • be in full compliance with the prevailing laws, • Promotion agencies and promotion suppliers; • tone; regulations and self-regulatory codes. • Events producers and organizers. • approach; • audience (age) profile.

These Guidelines cover both the actual activity and the supporting materials.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 25 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

GUIDELINES FOR POINT-OF-SALES ARTICLE 1 d. Do not exercise any pressure on people not PROMOTIONS willing to participate. MISUSE e. Do not act negatively towards people who are not interested in the promotion. Basic Principles 1.1 Commercial Communications should not en- f. It is good practice to display a clearly visible courage or condone excessive or irresponsible and appropriate responsible drinking message. Commercial Communications should: a. consumption, nor present abstinence or moder- • be legal, decent, honest and truthful g. Ensure none of the aspects of the activity ation in any negative way. and conform to accepted principles encourages excessive or irresponsible con- of fair competition and good business sumption (content, language, behavior of pro- Commercial Communications should not practice; 1.2 motional teams, price/timing etc). show people who appear to be drunk or in any • be prepared with a due sense of way imply that drunkenness is acceptable. h. If a promotion or incentive includes a mul- social responsibility and be based on ti-purchase, consumers are not encouraged to principles of fairness and good faith; Commercial Communications should not sug- drink over the national recommendation for • not in any circumstances be unethical 1.3 gest any association with violent, aggressive, ille- sensible drinking. or otherwise impugn human dignity and gal, dangerous or antisocial behavior. integrity. i. Promotional activities and messages should never encourage consumers to engage in risky There should be no form of Commercial Communications should avoid b. 1.4 or potentially dangerous activities or behavior. discrimination of participation on the any association with, acceptance of, or allusion grounds of race, sexual orientation, to drug culture or illicit drugs. religion, political inclination etc. a. Never encourage irresponsible and excessive c. Avoid images, messages or activities consumption of alcohol beverages. which are likely to be considered b. Do not use any “drinking games” that may gratuitously offensive or demeaning. encourage excessive or irresponsible consump- d. Ensure that the price for the tion, such as activities which involve either alcohol beverage(s) is/are known to all “speed incentives” or drinking an excessive consumers. amount of alcohol beverages within a short period of time. e. Ensure that the alcoholic nature / alcohol content of the promoted alcohol c. Do not serve consumers who are or appear Beverage(s) is/are known to consumers to be uncontrollably excited, drunk, aggressive when the promotional activity is being or engaging in anti-social behavior. Ensure your started. staff is fully briefed on how to manage consumers who appear drunk, aggressive or anti-social.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 26 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 2 2.5 Commercial Communications should not use ARTICLE 3 brand identification such as names, logos, games, MINORS game equipment or other items of primary ap- DRINKING peal to minors. AND DRIVING a. Never engage in promotional activities in- Commercial Communications should not be 2.1 viting people under the legal purchase or drink specifically aimed at minors nor show minors age to participate. Commercial Communications should not sug- consuming alcohol beverages. gest that the consumption of alcohol beverages b. Do not allow people below the legal drinking is acceptable before or whilst driving motor ve- Commercial Communications should only age to participate. 2.2 hicles of any kind, including speed boats, jet-skis, promote alcohol beverages in print and broad- c. Do not carry out the promotion at all if it snow-mobiles and airplanes. cast media for which at least 70% of the audience is reasonably expected that more than 30% of are reasonably expected to be adults 18 years or a. Be particularly vigilant about the participa- the public will consist of people under the legal older. It should not promote alcohol beverages tion of consumers who may drive following par- drinking age. In case of doubt, do not go ahead in print and broadcast media or events for which ticipation, e.g., in a supermarket tasting. with the activity (please check percentages as more than 30% of the audience is known or rea- they may vary from country to country). b. Consider displaying a “don’t drink and drive” sonable expected to be minors. message. d. Consider using displays to inform consum- 2.3 Commercial Communications should not use ers that alcohol beverages should only be con- c. Be careful with promotions in venues closely models and actors who are not at least 25 years sumed by people over the legal purchase age linked with driving (e.g., highway stores/restau- of age. (please see also point f under point 1 Misuse). rants). e. In case of doubt about the legality of the d. While motor vehicles can be used as prizes, Commercial Communications should not use 2.4 age, ask for proof of age, when appropriate (be great care must be taken at the awards cere- objects, images, styles, symbols, colors, music aware of national laws and regulations regard- mony to ensure the vehicle cannot be driven by and characters (either real or fictitious, including ing identity / proof of age requests). anyone who has consumed alcohol beverages cartoon figures or celebrities such as sporting (e.g., vehicle keys can be handed over the day heroes) of primary appeal to children or adoles- f. Ensure that none of the aspects of the activ- after the award ceremony). cents. ity primarily appeal to people under the legal drinking age (content, language, cartoons, music, celebrities etc). g. Alcohol brands should not feature on children/adolescent size clothing.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 27 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 4 a. Ensure that no aspects of the activity imply b. Do not use drink-delivery methods / gim- that the alcohol beverage has any properties of micks which might confuse or mislead the HAZARDOUS preventing, treating or curing a human disease. consumer as to the amount of alcohol they are consuming (e.g., alcohol sprays. vaporizers). ACTIVITIES, WORKPLACE ARTICLE 6 & RECREATION ARTICLE 8 PREGNANCY PERFORMANCE Commercial Communications should not suggest Commercial Communications should not show that the consumption of alcohol beverages is ac- pregnant women drinking or specifically aim at Commercial Communications should not create ceptable before or whilst operating potentially women who are pregnant. the impression that consumption of alcohol bev- dangerous machinery, or with undertaking any erages enhances mental ability or physical per- potentially hazardous recreational or work-relat- formance or has an energizing effect, e.g., when ed activity. engaging in activities requiring concentration in a. Ensure that the promotion does not include ARTICLE 7 order to be safely executed. or encourage a hazardous activity. a. Do not encourage or promote drinking prior ALCOHOL CONTENT to engaging in sports. b. Do not initiate joint promotions with energy Commercial Communications should not cre- 7.1 drinks and marketed as such. ARTICLE 5 ate any confusion as to the nature and strength HEALTH ASPECTS of alcohol beverages. 7.2 Commercial Communications may present 5.1 Commercial Communications should not claim information for consumers on alcoholic strength ARTICLE 9 that alcohol beverages may have therapeutic but should not emphasize high alcoholic strength properties and that their consumption may help as a dominant theme in any brand communica- SOCIAL SUCCESS preventing, treating or curing any human disease. tions materials. On the other hand, messages may not imply that consuming alcohol beverages Commercial Communications should not suggest 5.2 Where permitted by law, Commercial Com- of low alcohol content will avoid abuse. that the consumption of alcohol beverages is a munications using truthful and accurate factual requirement for social acceptance or success. a. Ensure that participants in the promotion statements about carbohydrate, calories or oth- know that alcohol is involved. er nutrient content may be appropriate in some circumstances.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 28 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ARTICLE 10 ARTICLE 11 SEXUAL SUCCESS SAMPLING

10.1 Under no circumstances should Commercial No sampling of alcohol beverages should be of- Communications be unethical, offend against fered to minors; it is allowed at licensed or private generally prevailing standards of taste and de- premises, trade fairs or occasions in accordance cency or otherwise impugn human dignity and with local regulations. integrity. It should be noted that the provisions of the Code 10.2 Commercial Communications should not for Commercial Communications and the guid- suggest that the consumption of alcohol bever- ance given in this guidelines for promotions also ages enhances sexual capabilities, attractiveness apply to sampling, i.e., informing the consumer or leads to sexual relations. about what they are to sample, alcohol strength, not sampling someone who is drunk, where people are potentially participating in risky or dangerous activity or where they potentially engage in anti-social behavior etc.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 29 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

PROHIBITED PHYSICAL POS / • Sweets or children’s confectionary: no con- PROMOTIONAL ITEMS fectionary/treats that are primarily associated with children; adult confectionary is acceptable, Promotions involving drinking vessels, gimmicks, liqueur chocolates, dark chocolate, if in doubt sprays or other drink dispensing mechanisms sales data should be looked at to ensure adult which either: audience; • Encourage excessive drinking; • Prize giveaways and games primarily appealing to underage; • And/or mean that consumers cannot readily tell how much alcohol they are consuming (e.g., • Drinking games and/or games that can encour- squirt guns, AWOL machines); age irresponsible consumption; • And/or mean that consumers do not have con- • Seduction games with a sexual content or control on the amount of alcohol they are consum- notation; ing, or the speed of delivery (free-pour luges, • Inflatable e.g., doughnuts, lilos, inflatable beds/ ‘dentist chairs’); pillows, chairs, etc likely to be used in the water • Drinking vessels, gimmicks or drink-dispensing should not be primarily appealing to underage; mechanisms with medical or pharmaceutical con- • Clothes in children’s sizes or any reference notations, e.g., syringes, test tubes; thereto; • Promotions which involve religious or other • Sex toys; symbols and references which could cause of- fence in the context of an alcohol beverage pro- • Branded condoms; motion; • Hangover cures.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 30 INTRODUCTION BASIC PRINCIPLES FURTHER INFORMATION ANNEX 1 ANNEX 2 ANNEX 3

ANNEX 3 SPONSORSHIP GUIDELINES

INTRODUCTION SPECIFIC GUIDANCE FOR ALCOHOL • PERNOD RICARD shall require sports spon- BEVERAGE BRAND SPONSORSHIPS sored parties not to feature alcohol branding on PERNOD RICARD treats sponsorship with the children’s size replica sports items, but instead same due diligence and great respect for main- • The Code for Commercial Communications to offer such items without alcohol beverage tenance of the high standards of responsibility along with these complementary guidelines ap- branding. that they apply to all other marketing disciplines. ply to the overall sponsorship agreement, including any sponsored event material carrying the • No branded merchandise associated with a Sponsorship for the purpose of these guidelines sponsor’s logo or trademark for the duration of sponsorship should be aimed at those under le- means any commercial agreement by which a the sponsorship agreement. gal purchase age or have a particular appeal to sponsor, for the mutual benefit of the sponsor them beyond the appeal the merchandise has for and sponsored party, contractually provides fi- • However it does not concern partnerships with the adult public. nancing or other support in order to establish artists (films makers, painters, musicians…) where an association between the sponsor’s brands or there is no brand communications in their art- • PERNOD RICARD will not sponsor junior sports products and a sponsorship property in return work. teams, junior sports leagues or junior cultural for rights to promote this association and/or for events, such as musical/talent contests or awards the granting of certain agreed direct or indirect • PERNOD RICARD should not engage in spon- primarily for people under LPA/LDA. However, an benefits. sorship agreements unless at least 70% of the adult oriented cultural or sports event meeting audience for the event (meaning those attending the 70% threshold (e.g., city orchestra or opera) the event and the audience for broadcast media may be sponsored even if it should turn out that coverage of the event) are reasonably expected a small number of the performers are under LPA/ to of LPA/LDA or older. It is the sponsor’s re- LDA. sponsibility to demonstrate that this requirement has been met. • With respect to sponsored sports or activities that could be considered dangerous, there should • Sponsorship by PERNOD RICARD to assist be no suggestion that players/performers con- programs encouraging social responsibility or sume alcohol before or while performing, or that discourage underage drinking is covered by the alcohol consumption enhances their performance Code for Commercial Communications and this in any way. guidance and shall not be in breach thereof.

• Sponsorship in any field may be accompanied by an activity or message promoting responsible drinking behavior.

PERNOD RICARD / CODE FOR COMMERCIAL COMMUNICATIONS OCTOBER 2015 31