KAHLUA HOLIDAY HOOK UP REWARDS PROGRAM TERMS AND CONDITIONS

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1 Legal Disclaimers: NO PURCHASE NECESSARY. Void where prohibited. The Kahlua Holiday Hook Up Rewards Program is sponsored by Pernod Ricard USA, LLC. Open to legal residents of the 50 U.S. & D.C., 21 or older. Begins 12:01 a.m. ET on 10/1/15 & ends 11:59 p.m. ET on 1/31/16. For Terms & Conditions, visit kahluarewards.com. All rewards are subject to availability. KAHLUA HOLIDAY HOOK UP REWARDS PROGRAM TERMS AND CONDITIONS PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS PROGRAM. By participating in the Kahlua Holiday Hook Up Rewards Program ("Program"), you acknowledge and agree to be bound by all of the terms and conditions ("Terms") stated herein. If you do not agree to these Terms, do not participate in the Program. Kahlua Rewards Credits may be redeemed for Rewards Merchandise available through Pernod Ricard USA, LLC ( Sponsor ). Sponsor reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined below, even though such changes may affect the value of the Kahlua Rewards Credits ("Credits") already accumulated or the availability of Rewards Merchandise. You agree that you will review these Terms periodically and that you shall be bound by these Terms and modifications hereof. 1. Eligibility. Participation in the Program is only open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are at least twenty one (21) years of age as of the date of enrollment and have the capacity to enter into a binding contract. The Program is void elsewhere and where prohibited. 2. Privacy. Please review our Privacy Policy at which governs the Program to understand our practices in connection with the use and protection of your personal information. 3. Your Rewards Account. To register for the Program and set up your Kahlua Rewards Account ( Account"), you must register at kahaluarewards.com ( Site ). You must complete all required information as indicated. While registering, you must accept these Terms, after which registration is complete and you are a Member ( Member ). Only Members will accrue Credits and be able to redeem Rewards Merchandise. Members earn Credits by purchasing Kahlua products (750ml and over) at participating retailers and uploading their receipts on the Site or participating in activities with the Sponsor via Twitter. Member Account summaries may be viewed on the Site. Sponsor will attempt to credit Members' accounts with Credits on a timely basis. However, each Member shall have the responsibility of ensuring that his or her Credits are properly credited. Any claim for Credits not credited accurately must be received by

2 Sponsor by 11:59:59 pm ET on 1/31/2016 or otherwise such Credits shall no longer be valid or usable. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Credits summaries distributed by Sponsor or its agents, for any delay or failure to credit Credits to Member Accounts or for any failure to provide Account summaries as outlined herein. Sponsor reserves the right to invalidate Credits from a Member s Account with notice if it determines in its sole discretion that such Credits were improperly credited to such Member's Account or were obtained fraudulently or otherwise in violation of these Terms. Sponsor reserves the right to require proof of accrual of Credits and Sponsor reserves the right to delay the processing or redemption of any Credits without notice, in order to assure compliance with the Terms outlined herein. Members, by participating in the Program, are responsible for maintaining the confidentiality of individual Member s Account username and password and for restricting access to Member's computer, and Member agrees to accept responsibility for all activities that occur under Member s username or password. Without limiting any other remedies, Sponsor may suspend or terminate any Member Account if Sponsor suspects in its sole discretion that any Member or other person has engaged in fraudulent activity in connection with this Program. Credits do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Credits are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated Credits, other than by Sponsor, is strictly prohibited. Any Credits which Sponsor deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of the Program's Terms may be confiscated and/or canceled. Participation in the Program is subject to the Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of membership in the Program, as well as forfeiture of any Credits accrued to date and any other benefits earned in connection therewith, in Sponsor s sole discretion. 4. Rewards Merchandise. Specific Rewards values will be posted on the Site for Members to choose from. Rewards are subject to change, in Sponsor s sole discretion and are subject to availability. Each Member is solely responsible for ensuring that their shipping address is correct in the Program records prior to ordering Rewards Merchandise. Sponsor's obligation regarding delivery of Rewards Merchandise is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. Sponsor is not responsible for lost or stolen Rewards Merchandise. Members must allow four to six weeks for shipment of Rewards Merchandise. Sponsor reserves the right to stop sending Rewards Merchandise to any Member that it suspects is using the Rewards Merchandise in violation of these Terms, to be determined in its sole discretion. 5. Credits via Receipt Scanning. Beginning 12:01:00 a.m. ET on 10/1/2015 through 11:59:59 p.m. ET on 1/31/2016 (the Program Period ), Members can earn Credits by purchasing Kahlua products (750ml and over) at a participating retailer, then taking a photo of the purchase receipt indicating the purchase(s) on the receipt as well as the date the purchase was made [purchase must be completed by 12/31/15] and following the onscreen instructions to upload the photo to

3 the Site to receive credit to your Member Account. You may upload photos of up to ten (10) unique receipts and submit at the same time. Members earn three (3) Credits for each qualifying product indicated on the receipt(s) uploaded and properly credited to the Member s Account. This process can be completed once per person per day. There is no limit to the number of Kahlua products that may appear on each receipt. Purchase must be completed by 12/31/15. Receipt must be submitted by 1/31/ Credits via Twitter. During the Program Period, Members can earn Credits by visiting the Site and following the on-screen instructions to submit a Tweet indicating how you ve been sneaking some Kahlua into your holidays using the hashtag #KahluaHookUpRewards and to earn one (1) Credit or by Tweeting a photo of your Kahlua-spiked drink or holiday cocktail with the hashtag #KahluaHookUpRewards and to earn two (2) Credits. There is a limit of one (1) submission via Twitter per person per week. If uploading a photo depicting other individuals you must make the other individuals aware that you are uploading a photo on their behalf and attest that the other individuals have agreed that you may upload such photo and any individual featured in the photo must be 21 years of age and over. If uploading a photo, your photo must be uploaded in accordance with the Twitter Terms of Service ( You must have a Twitter account to earn Credits via Twitter, be follower, and have your account settings set to unprotected or public. A Twitter account can be opened for free at Twitter.com. Participants may be required to show proof of being the authorized account holder of the Twitter account associated with the photo upload. Twitter is not affiliated with the Program in any way and is not responsible for the administration of the Program or the redemption of the Rewards Merchandise. No endorsement or approval of the Program by Twitter is expressed or implied. 7. Photo/Comment Requirements. By submitting an photo or comment as described in Section 6, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives the right to use, reproduce, edit, market, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the photo or comment (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes (including posting on any other websites). Any photo or comment deemed inappropriate or containing unsuitable images, in Sponsor s sole discretion will be not be eligible to earn Credits. Any photo or comment or portion thereof that is, in the Sponsor s sole discretion, obscene, profane, lewd, defamatory or contains any proper names, third party materials (other than Kahlua), or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, or is otherwise objectionable, and may disqualify the photo from earning Credits as determined in Sponsor s sole discretion. Any photo or comment must be in keeping with Sponsor s image and may not be offensive, as determined by Sponsor in its sole discretion. If you choose to submit a photo or comment using your mobile phone, standard data/text messaging fees/rates may apply. See your wireless provider for pricing plan details. Photos or comments generated by script, macro or other automated means and by any means which subvert the Credit process are void.

4 8. Changes to the Credit Structure. The Credits structure is subject to modification or limitation at any time, with or without notice, in Sponsor s sole discretion, including, without limitation, the right to establish additional means of accruing Credits, the right to modify and delete any or all of the recognized means of accruing Credits existing at any given time, the right to change the Credits available and their values and types and the Credits redemption terms, and the right to exclude specific types of transactions from Credits eligibility. 9. Redeeming Credits for Rewards Merchandise. Subject to Sponsor s rights to add, delete, or otherwise make changes to the Credits structure and the Rewards as more fully expressed in the preceding Sections 5 and 6, Credits may be redeemed for Rewards Merchandise as posted and, from time to time, updated on the Program website at kahluarewards.com. There are limited quantities of specific Rewards Merchandise. See kahluarewards.com for details on how to redeem Credits. Credits will be subtracted from a Member's account at the time the member redeems their Credits for Rewards Merchandise. Each redeeming Member is solely responsible for ensuring that their shipping address is correct in the Program records prior to redemption. Sponsor s obligation regarding delivery of Rewards Merchandise is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. Sponsor is not responsible for lost or stolen Rewards Merchandise. Members must allow four to six weeks for shipment of Rewards Merchandise. No cash will be exchanged for the unused portion of any Member's Credits. Once Credits have been redeemed for Rewards Merchandise, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a Member's Account for any reason. The Program and all Credits expire no later than 11:59:59 p.m. ET on 1/31/2016. Therefore, all Credit redemption requests must be communicated to Sponsor as required by these Terms by such time. 10. Expiration of Credits. Credits shall be maintained in the Member's Account until they are redeemed for Rewards Merchandise or until they expire, not later than 11:59:59 p.m. on 1/31/2016. No extensions, cash refunds or other exchanges will be allowed for expired Credits. 11. Modification, Termination or Extension of Program Terms. (a) Modification to Terms: Membership in the Program is offered at the discretion of Sponsor and it reserves in its sole discretion the right to modify the Terms, Credits redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Credits and Rewards and their respective duration or timing, or any other aspect of the Program, in whole or in part, at any time, even though such changes may affect the redemption value of the Credits already accumulated. Sponsor will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your Account. Members understand that the most recent version of the Terms will be located at the Kahlua Holiday Hook Up Rewards Program website. A Member's continued use of the Program following the posting on the Kahlua Holiday Hook Up Rewards Program website of conspicuous notice of any modification will indicate Member's acceptance of any modification to the Terms hereof. Any Member may object to the modification to the Program and/or its Terms by no longer participating.

5 (b) Termination: The Program will terminate at 11:59:59 p.m. ET on 1/31/2016, or earlier at the sole discretion of Sponsor. In the event of early termination, Sponsor shall give conspicuous notice at least one (1) month prior to the date that such termination becomes effective, during which time Members may still accrue and redeem Credits, provided however, that you agree that Sponsor shall not be required to give one (1) month notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All Credits must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any Credits accumulated in connection therewith. (c) Extension: Sponsor may, at its sole discretion, extend the Program beyond the expiration date set forth above. In the event Sponsor does extend the Program, Sponsor shall give conspicuous notice prior to the date that such extension becomes effective. Members who participate in the Program after the extension agree to be bound by the Terms then in effect at the time of Program extension. 12. Limitation of Liability. SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM OR CREDITS, (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. 13. Disclaimer of Warranties. SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

6 14. Taxes. Determination and payment of tax liability on Rewards, including income tax, if any, are the sole responsibility of the Member. 15. Acts Beyond Sponsor s Control. The failure of Sponsor to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of the Terms. If any such contingency shall last for more than thirty (30) days, Sponsor shall have the right to terminate the Program immediately by giving notice and shall have no further liability to any Member. 16. Governing Law and Consent to Jurisdiction. The laws of the State of New York, without regard to its conflict of laws principles, will govern these Terms, as well as Members' and Sponsor s observance of them. If you take any legal action relating to your use of this Program or these Terms, you agree to file such action only in the state or federal courts located in New York. 17. No Waiver. Sponsor s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing. 18. Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. 19. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Sponsor and the Members relating to the Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these Terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect. 20. Sponsor: Pernod Ricard USA, LLC, 100 Manhattanville Road, Purchase, NY