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Conditions of Use of this Website

Your access to and use of the Red Rain Website ("This Website") is subject to the following terms and conditions (the "Terms and Conditions") and any other law, regulation, rule or ordinance that applies to This Website, the Internet or the World Wide Web. Please read these Terms and Conditions carefully. By accessing and using This Website, you, the user ("You") agree to be bound by these Terms and Conditions, and any modifications or revisions made to them from time to time. This Website is produced and owned by Cott Corporation. References herein to the terms "We", "Us", or "Our" means Cott Corporation. We may revise any of these Terms and Conditions at any time without notice, by updating this posting. For material changes to this Terms and Condition, We will notify You by placing a prominent notice on This Website.

Intellectual Property

a) This Website contains property notices and copyright information, the terms of which must be observed and followed. Unless otherwise expressly stated, We either own the intellectual property rights in the underlying HTML, text, audio and video clips (if any) and all other content that is made available to You on This Website, or have obtained the permission of the owner to use the content on This Website.

b) The trademarks, logos, and service marks (collectively the "Trademarks") displayed on This Website are registered and unregistered Trademarks of Cott Corporation and others. This Website includes numerous trademarks and additional distinctive properties that are protected under the trademark laws of Canada, the United States and other jurisdictions. Specifically, the overall design and layout of This Website constitutes the exclusive trade dress of Cott Corporation, and is protected pursuant to trademark laws. In addition, the text and graphics are individually protectable and copyrighted subject matter that is owned by or licensed to Us, and the compilation of these materials comprising This Website is copyrighted subject matter owned or licensed by Us. No logo, graphic, sound or image from This Website may be copied or retransmitted except as expressly provided herein.

c) Nothing contained in these Terms and Conditions should be construed as (i) conferring any right under any of Our or any other person`s copyright in content provided here; or (ii) granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or trade dress displayed here without first obtaining Our written permission or that of such third party that may own such Trademark or trade dress. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Restrictions on Use of

Materials

We grant You permission, to the extent We are authorized to do so, to use materials provided on This Website (such as graphics, artwork of all kinds, documents, press releases, data sheets and FAQs) subject to the following terms and conditions: (a) any and all reproductions (in any manner, electronic or otherwise) of material published on This Website must include a copyright notice which identifies Cott Corporation as the copyright owner together with a statement that the material is used by permission of Cott Corporation, in the form set out below; (b) use of any and all material taken from This Website shall be for personal, informational purposes only and shall not be used for commercial or trade purposes, nor posted or otherwise made available on any network computer or in any media; and (c) no modifications of any material taken from here shall be made, whether through deletion, addition or in any other manner. Use for any other purposes and/or in any other manner is expressly prohibited, shall constitute infringement of Cott Corporation`s copyright, among other legal violations, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the generality of the foregoing, You agree that You do not acquire any rights in any downloaded or otherwise reproduced content of This Website. Images of people or places displayed on This Website are either Our property or used on This Website with permission. The use of these images by You, or anyone else authorized by You, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This Website includes discrete factual disclosures about Us, Our business, Our manner of doing business, and Our customers and customer relations that You may view for informational purposes in accordance with these Terms and Conditions. Taken collectively, however, You agree that this information constitutes Our proprietary information, and You agree not to utilize this information in a competitive manner or in trade.

No Endorsement

No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or which may be linked to or from This Website. Cott Corporation is not affiliated or associated with sponsors of sites which hyperlink to or from This Website and does not endorse the content appearing in other sites. We have not reviewed any of the sites linked to This Website, except for Our websites, and are not responsible for the content of any off-site pages or any other sites linked to This Website, and have no control over the nature and contents of such sites and are not recommending those sites, the information they contain nor any third party`s products or services. Information published by Us on This Website may contain references or cross references to products, programs or services that are not announced or available in Your location. Such references do not imply that We do or intend to make any such products, programs or services available in Your location. Please note that by downloading computer programs from certain sites, You risk infringing copyright and may introduce computer viruses into Your own system. Linking to This Website, off-site pages or other sites is at Your own risk and without Our permission.

No Invitation or Recommendation to Invest

No information on This Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Cott Corporation and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If You are considering an investment, You should make Your own, independent assessment and obtain appropriate professional advice.

Limitation of Liability


a) This Website is provided for informational purposes only. We do not represent or warrant that This Website will be accessible or available on a timely basis, or that access here will be uninterrupted or error-free. We do not warrant the quality, accuracy, currency or completeness of any information provided in This Website. This Website may include inaccuracies or typographical errors. All information is provided on an "as is" basis, without warranties of any kind, either express or implied, statutory or otherwise. Any such information may be or become outdated or inaccurate and/or may be changed or updated without notice. We may also make improvements and/or changes in the products, services and/or programs described here at any time without notice.

b) We may add, remove, enhance, alter, improve and/or otherwise change material posted at This Website from time to time. Because of the nature of websites, decisions should never be made based solely on website information and without first verifying and/or otherwise corroborating information posted here with other sources deemed to be reliable by You.

c) We neither warrant nor represent that Your use of materials displayed on This Website will not infringe rights of third parties not owned by or affiliated with Us.

d) We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in This Website or Your downloading of any materials, data, text, images, video, or audio from This Website.

e) Any communication or material You transmit to This Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (collectively, "Feedback"), excluding Personal Information as described in

Our Canadian Privacy Policy, is, and will be treated as, non-confidential and non-proprietary. We shall have no obligation of any kind with respect to the Feedback and shall be free to use it for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, We are free to use any ideas, concepts, know-how, or techniques contained in any such Feedback for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such Feedback. Posting or transmitting any unlawful, threatening, defamatory, obscene or other inappropriate material is prohibited, and We may, at Our sole discretion, terminate Your access to This Website immediately if you post or transmit any such material. IN NO EVENT SHALL COTT CORPORATION (OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREOWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS) BE LIABLE, AT LAW, IN EQUITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND ITS USE BY YOU.

Indemnification

To the maximum extent permitted by applicable law, You will defend, indemnify and hold Us harmless, and each of Our shareowners, directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of:

(a) Your breach of any provision of these Terms and Conditions; or

(b) Your use of This Website, the content contained in This Website and the placement or transmission of any information or other materials on This Website made by You or others using Your account. You agree to notify Us immediately after You become aware of any unauthorized use of Your information or account on This Website and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You will co-operate as fully as reasonably required in the defense of any claim. Forward Looking Statements

This Website may contain forward-looking statements reflecting management`s current expectations regarding future results of Our operations, economic performance, financial condition and achievements. Forward-looking statements, specifically those concerning future performance, are subject to certain risks and uncertainties, and actual results may differ materially. These risks and uncertainties are detailed in Cott Corporation`s Annual Report on Form 10-K filed with the Securities and Exchange Commission and from time to time in Cott Corporation`s other filings with the appropriate securities commissions, and include stability of procurement costs for raw and packaging materials, adverse weather conditions, competitive activities by national, regional and retailer brand beverage manufacturers, Our ability to integrate acquired businesses into its operations, fluctuations in currency versus the U.S. dollar, the uncertainties of litigation, and retailers` continued commitment to their retailer brand beverage programs. The foregoing list of factors is not exhaustive. We undertake no obligation to publicly update or revise any forward-looking statements.

Jurisdiction

This Website is controlled and operated by Cott Corporation from its headquarters in Toronto, Ontario, Canada. We do not represent or warrant that materials on This Website are appropriate or available for use in locations other than Canada. If You choose to access This Website from other locations, You do so at Your own risk and are responsible for compliance with any and all local laws. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario. Copyright © Cott Corporation, 207 Queen`s Quay West, Suite 340, Toronto, Ontario, M5J 1A7. All rights reserved.

PRIVACY POLICY:

a. Personal information collected from entrants (you) will be used by the Sponsor (Cott Beverages) for the purpose of administering this Contest and, provided that the entrants have opted-in on the Website, for the other purposes set out in section b. below. The Sponsor will not sell, share or otherwise disclose personal information of entrants with third parties, other than to third parties engaged by the Sponsor to fulfill the above purposes or as permitted or required by law.

b. By providing your information and opting-in at the Website by consenting on the Registration Form, the Sponsor may provide you with information related to new and existing products, coupons, product sampling, and news regarding upcoming promotions.

c. By entering the Contest, the entrant consents to the manner of collection, use and disclosure of personal information as set out in the Sponsor`s Canadian Privacy Policy, which is available on Our Canadian Privacy Policy Website.

d. All content and stored information collected on the Website remain the exclusive property of the Sponsor and is not for sale or distribution.

e. All information is stored in a secure location and is only accessible for as long as it is necessary to fulfill the purposes for which it is collected. The information is also destroyed in a manner that ensures privacy and/or confidentiality is preserved.

 
 
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