THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN (EXCL. QUEBEC) LAW

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. KEY DATES:

The Canada Dry Bollywood Picnic Contest (the “Contest”) is brought to you by Canada Dry Mott’s Inc. (the “Sponsor”) and begins on June 1, 2019 at 12:00:00 p.m. Eastern Time ( "ET") and ends on July 31, 2019 at 11:59:59 a.m. ET (the “Contest Period”).

2. ELIGIBILITY:

Contest is open to residents of Canada (excluding Quebec) who have reached the legal age of majority in their province/territory of residence at the time of entry; except employees, representatives, agents, officers or directors (and those with whom such persons are living, whether related or not) of the Sponsor, its divisions, subsidiaries, associated and affiliated entities, bottlers, redemption/recycling centres, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (including, but not limited to, participating foodservice/on premise/convenience locations) (collectively, the “Contest Parties”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Rules.

4. HOW TO OBTAIN A UPC:

UPCs are available on the outer carton or outer label (can or bottle) of participating Canada Dry and C’Plus branded beverages (each a “Participating Product”).

NO PURCHASE NECESSARY. A UPC can be obtained without purchase by copying down the UPC code from a Participating Product. Not all Participating Products are available in all regions or at all participating retailers.

Limit of one (1) UPC submission per person/day.

5. HOW TO ENTER:

Once you have a valid UPC legitimately obtained in accordance with these Rules, visit www.canadadry.ca/bollywoodpicnic (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”). Fully complete the Entry Form with all required information, which includes (among other things) a requirement to enter your UPC. Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form (each, an “Entry” and collectively, the “Entries”). To be eligible, an Entry must be submitted and received in accordance with these Rules during the Contest Period.

Once your Entry is submitted, you will receive one (1) Entry into the random draw for the Prize.

6. ADDITIONAL ENTRY RULES:

Each Entry must relate to a valid UPC legitimately obtained in accordance with these Rules. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; (ii) falsely enter a UPC without legitimately obtaining a UPC in accordance with these Rules; (iii) enter a UPC that has been falsified, manipulated or otherwise altered in any way (all as determined by Sponsor in its sole and absolute discretion); then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. An Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information (including, but not limited to, providing a valid UPC legitimately obtained in accordance with these Rules) and submitted and received in accordance with these Rules. The Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Entries (all of which are void).

7. VERIFICATION:

All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry, UPC, and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. Proof of transmission (screenshots or captures etc.) or attempted transmission of an Entry or of an attempted Entry or of any communication, does not constitute proof of delivery or receipt by the Sponsor.

8. PRIZES:

TThere is one (1) prize (the “Prize”) available to be won consisting of a private VIP Bollywood experience for the confirmed winner and up to twenty (20) guests (each, a “Guest”) at the winner’s residence with an approximate value of up to $5,000.00 CAD. Choice of date and any alternate location (if necessary) for the Prize is subject to the performer’s availability and will be determined by the Sponsor in its sole and absolute discretion. Food, beverages, decor and any other specifics of the Prize will be determined by the Sponsor in its sole and absolute discretion. Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) the Prize must be completed by no later than September 30, 2019 (otherwise the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (ii) if the confirmed Prize winner and/or any of his/her Guests do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (iii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; and (iv) by accepting the Prize, the confirmed Prize winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. Guest Requirements: Each of the confirmed Prize winner’s Guests must sign (and have his/her parent/legal guardian sign if he/she is under the legal age of majority in his/her jurisdiction of residence) and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize.

The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).

Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) other specifics of the Prize will be at the sole and absolute discretion of the Sponsor and subject to availability; and (ii) the confirmed Prize winner is solely responsible for all expenses that are not specifically and expressly included in the Prize description above. For greater certainty, there is no value attributable to the performer’s appearance and/or performance included in the Prize.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.

9. ELIGIBLE PRIZE WINNER SELECTION PROCESS:

On August 1, 2019 in Toronto, ON at approximately 2:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible entries submitted and received during the Contest Period. The odds of winning the Prize depend on the total number of eligible entries submitted and received during the Contest Period.

10. WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner (using the information available to the Sponsor) within ten (10) business days of selection as an eligible winner. If the eligible winner cannot be contacted within ten (10) business days of the Sponsor’s first attempted contact, or if there is a return of any notification as undeliverable and/or if any correspondence is not responded to; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner in accordance with the applicable procedures as outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

11. WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER. BEFORE BEING DECLARED AS THE CONFIRMED PRIZE WINNER, the eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release). By participating in the Contest and accepting the Prize, the eligible winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. IMPORTANT NOTE: The Sponsor may, in its sole and absolute discretion, require an eligible winner to sign and return the Sponsor’s form of declaration and release prior to confirming the eligible winner as a confirmed winner in accordance with these Rules. If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to properly execute and return any required Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner in accordance with the applicable procedures as outlined in these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). Any forfeited or unclaimed Prize(s) in this Contest will NOT be awarded – except in the sole and absolute discretion of the Sponsor.

GENERAL CONDITIONS:

12. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it deems to be in violation of these Rules. The Sponsor reserves the right to refuse an Entry from any person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. In its sole and absolute determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s Entries.

13. The Released Parties will not be liable for: (i) any failure of any Website or any platform during or after the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information or materials whatsoever to be received, captured, recorded or function properly for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

14. The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

15. The approximate retail values as stated by the Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Rules are subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail values are stated by the Sponsor and the date the prizes are awarded or redeemed. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the approximate retail value stated by the Sponsor in point of sale, television and print advertising, promotion materials, and/or in these Rules, the prize winner will not be entitled to a cheque or cash for the price difference.

16. If due to printing, production, online, internet, computer or other error of any kind, more prizes are claimed than intended to be distributed or awarded according to these Rules, then, in addition to having the right to terminate the Contest immediately, the Sponsor reserves the right, in its sole and absolute discretion, to rescind invalid prize claims and/or conduct a random draw from amongst all eligible prize claimants to award the correct number of prizes. In no event whatsoever will the Sponsor or any of the Released Parties be liable for more than the number, type and value of prizes as stated in these Rules.

17. By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with the Sponsor’s privacy policy (available at: www.canadadry.ca/reuniondinner). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

18. The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant and/or any other information or materials with these Rules, or as a result of any problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

19. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained (where applicable) in any Contest-related materials, including, but not limited to, the Website(s), Chinese and/or French versions of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

20. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

21. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

22. Once all Prize winners have been confirmed and verified, the Prize winners’ names will be posted on www.canadadry.ca/bollywoodpicnic or send an email to cdpromotion@ethnicitymatters.com by no later than August 31, 2019.

Privacy Policy

Canada Dry Mott's Inc. ("CDMI") is committed to safeguarding the personal information you provide us, and respecting your right to privacy. As part of this commitment, we want you to be fully aware of what happens to the personal information we collect through your use of www.canadadry.ca/reuniondinner (the"Website").

Accordingly, this Privacy Policy sets out the manner in which we collect, use, disclose and otherwise manage your personal information.

By using the Website, or by choosing to submit personal information to CDMI, you signify your consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use this Website or submit any personal information to CDMI.

Collection of Personal Information

Personal information is information about an identifiable individual, such as your name, address, telephone number, or email address. CDMI may collect the personal information you provide us when you:

• Register on the Website;
• Enter into a contest or sweepstakes;
• Request our e-mail communications;
• Provide us with comments or suggestions; or
• Participate in another feature of the Website, such as a bulletin board; or
• Otherwise provide us with personal information.

When you register on the Website, enter a contest or sweepstakes, or participate in other features of our Website, we may collect personal information from you such as your name, age, address, telephone number and e-mail address, and password.

We also may automatically collect general anonymous information related to your use of our Website, such as the date and time you visit the Website and the pages you visit on the Website as well as collecting "cookie" information from your browser to identify your computer and provide us with a record of your visits to our Website (collectively, "Usage Data"). The technology used to gather "cookie" information is provided by the Internet browser you use, and may be turned off by using your browser preference buttons.

Privacy of Children

CDMI does not intend to collect the personal information of children under thirteen on its Website. If a child has provided us with personal information, his or her parent or guardian may contact us using the contact information below for the purpose of deleting this information.

Use of Personal Information

CDMI may use the personal information that you provide to us for such purposes as administering your participation in our contests, sweepstakes or other promotional offerings on the Website, responding to your requests, improving our products, services and Website, maintaining aggregate information on Website use for research and marketing purposes, and communicating with you (e.g. providing you with e-mails, newsletters, special offers or services, or other information you have agreed to receive), to carry out other purposes that are disclosed to you and to which you consent, or to carry out any other purpose permitted or required by law.

The Usage Data helps us to understand how our Website is used (e.g. which pages or sections are most popular and when the peak activity times occur) and to assist us in planning for future improvements to the Website to better meet our visitors' needs.

Disclosure of Personal Information

Except as expressly set out in this Privacy Policy, we will not sell any of your personal information to any third party without your consent. We reserve the right to transfer any personal information we have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed.

CDMI shares your personal information on a confidential basis with third party service providers that we have retained to perform work on our behalf. These service providers are not authorized to use or disclose this information for any purpose other than to perform services on our behalf.

CDMI may disclose account and other personal information when we believe the disclosure is appropriate to comply with applicable law; enforce or apply the Terms of Use or protect the rights, property, or safety of CDMI, our users or others. We may be required to provide your personal information in response to a search warrant or other legally valid enquiry or order to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose your personal information for any other purpose to which you consent.

Third Party Links

The Website may include links to third party websites. These linked sites have separate and independent privacy policies. We have no control over such sites and therefore have no responsibility or liability for the manner in which the organizations who operate such linked sites may collect, use or disclose and otherwise treat your personal information.

Security of Personal Information

We will maintain your personal information in secure data storage to help safeguard it from unauthorized access, use or disclosure. We will maintain the strict confidentiality of all personal information collected, and will only disclose such information to employees and third party service providers who require such information for the purposes set out above or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained in the State of Texas, United States of America.

We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.

Although we have taken measures to help protect our Website, computer systems and any personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

Access and Rectification

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to CDMI and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with an explanation of why it is not possible to grant access to your personal information.

Changes to Privacy Policy

We may change information on the Website and/or this Privacy Policy, at any time. We will reflect modifications to this Privacy Policy on our Website and will indicate the date this Privacy Policy was last amended. Changes will be effective immediately upon the posting of the revised Privacy Policy. Your continued access to and/or use of the Site, or provision of personal information to us after any such changes constitute your acceptance of this Privacy Policy, as revised. We encourage you to review this Privacy Policy whenever you visit the Website so that you know what personal information we collect, how we use it, and with whom we may share it.

How To Contact Us

If you would like to withdraw your consent for the collection, use and/or disclosure of your personal information, or correct any of your personal information we have in our possession, or if you have any inquiries or comments about this Privacy Policy, please contact our Director of Marketing at 30 Eglinton Av. West, suite 600, Mississauga ON, L5R 3E7 or you can contact us at 1-800-263-1425 or e-mail us at canadadrymotts.ca/contact.

Terms of Use

Website Terms of Use

Access to and use of this website (the "Website") is subject to the following terms and conditions (the "Terms of Use") which by accessing or browsing this Website you, the user, accept without limitation. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Ownership

This Website is owned and operated by Canada Dry Mott's Inc. ("CDMI"). All works (including but not limited to data, graphics, photographs, text, images, audio, video, trade-marks, service marks, trade names and other information) (collectively, the "Content") contained in this Website are owned or used under license by CDMI, its parent company, subsidiaries or affiliates, and/or their respective licensors.

Restrictions on Use

Any and all Content contained in this Website may not be copied, distributed, displayed, reproduced, transmitted, used to create derivative works, published, posted, transferred, sold or modified by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of CDMI or the applicable licensor(s), except for personal, non-commercial use. Use of third parties' likenesses, names and/or properties is prohibited without express written permission from such third parties.

Links

The information on this Website is for entertainment purposes only. A link to a third party website does not constitute endorsement of that website or of any products, services or other materials on that website. CDMI disclaims any representations and warranties, express or implied, in connection with the contents or use of any third party websites. CDMI does not assume any liability or responsibility whatsoever for their contents. You should review the privacy policies and terms of use of third party websites, as CDMI is not responsible for them.

Interactive Content and User Conduct

Certain features and/or portions of the Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). By using the Website and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to CDMI that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Website:

a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Website; and b. does not violate any law; and c. complies with these Terms of Use.

You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to the Website any User Content that:

i. may, in the sole and absolute discretion of CDMI, degrade, tarnish, disparage, or deprecate CDMI, its parent company, subsidiaries or affiliates, and/or any of their products or services, including without limitation any Website and/or the public image or standing in the community of CDMI, its parent company, subsidiaries or affiliates;

ii. is deemed, in the sole and absolute discretion of CDMI, to be defamatory, trade libelous, pornographic or obscene;

iii. is deemed, in the sole and absolute discretion of CDMI, to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CDMI in its sole and absolute discretion;

iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;

v. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;

vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or

vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

CDMI may from time to time monitor or review User Content, postings, transmissions, and the like on this Website. However, CDMI does not have any obligation to do so and assumes no responsibility or liability arising from any User Content, other content or viruses transmitted through the Website. User Content, postings or transmission of any virus, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane material or any material that could constitute or encourage a violation of any law, is prohibited. CDMI reserves the right in its sole and absolute discretion, to modify, edit or remove any User Content, or other materials, if it is deemed to be in violation of these Terms of Use, or any applicable law or regulation, as may be determined by CDMI in its sole and absolute discretion, or for any other reason.

Any postings or other transmissions to this Website will be deemed as non-confidential. By using a Website and providing User Content, you hereby: (i) grant to CDMI, its parent company, subsidiaries and affiliates a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favour of CDMI, its parent company, subsidiaries and affiliates and anyone authorized by such parties to reproduce or otherwise use such materials.

Any personal information contained in User Content, a posting or transmission will be collected, used and disclosed by CDMI in accordance with CDMI's Privacy Policy.

CDMI may cancel any of your registration(s) on this Website at any time, without notice or liability, in the event of production or other unanticipated problems, irregularities or technical corruptions, including a virus or other technical problem.

As a condition of your continued access to and use of this Website, you agree to abide by the Terms of Use and all applicable federal, provincial, territorial and other laws and regulations.

Disclaimer

CDMI makes efforts to ensure that the contents of this Website that are posted by CDMI are reliable, but inaccuracies may occur from time to time. CDMI disclaims any representations and warranties, express or implied, in connection with the contents or use of this Website.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

To the maximum extent permitted by the applicable laws, CDMI its parent company, subsidiaries or affiliates shall not be liable for any direct, indirect, special, incidental or consequential damages, whether in contract (including fundamental breach), tort (including negligence) or otherwise, that may arise as a result of the use of, or any information contained on, this Website or for any faulty electronic data submission, equipment failure or other online communication problems, including download problems and viruses. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, CDMI, ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE.

Indemnification

By using or making any submissions to this Website, you agree to indemnify, defend and hold harmless CDMI, its parent, subsidiaries and affiliates and CDMI's promotional partners from all damages, costs and expenses, including reasonable lawyer's fees and costs arising out of all claims, challenges or actions related to your use or submissions, including, without limitation, claims for infringement of intellectual property rights, libel, defamation or any breach of these Terms of Use. You agree to use best efforts to cooperate with CDMI in the defense of any claim. CDMI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Changes and Termination

CDMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof without notice. Further, CDMI reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from CDMI to you for being so bound.

Privacy

CDMI respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Governing Law

For users who are not individuals resident in the province of Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of Ontario and Canada applicable therein. To the maximum extent permitted by the applicable laws, any legal action concerning these Terms of Use must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Ontario.

For users who are individuals resident in Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of Quebec and Canada applicable therein. To the maximum extent permitted by the applicable laws, any legal action concerning these Terms of Use must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Quebec.

If you have any questions or comments regarding this Website, please contact us at 1-800-263-1425 or e-mail us at canadadryrnotts.ca/contact.