FLAVOR LAB – “NEXT BIG FLAVOR” CONTEST 2023 THIS IS A CONTEST OF SKILL. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED. 1. CONTEST TERM AND DEADLINES The “Next Big Flavor” Contest 2023 (the “Contest”) begins on April 3, 2023 at 12:00 AM PST and ends May 31, 2023 at 11:59:59 PM PST. (“Entry Period”). On or about July 21, 2023 the independent judges will select three (1) Grand Prize Winner from among all eligible entries received according to the Judging Criteria set forth in Official Rule #5 herein. Proof of submission will not be considered proof of receipt. 2. ELIGIBILITY The Contest is open and offered only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry (or 19 years of age or older for residents of AL & NE). Contest is void in Puerto Rico, U.S. territories and possessions outside the 50 United States and District of Columbia, and where prohibited or restricted by law. Employees and directors of Talking Rain Beverage Company Inc. (“Sponsor”), Arrowhead Promotion & Fulfillment Co Inc. (“Contest Administrator”), and their respective parent companies, affiliated companies and subsidiary companies, and their advertising, promotion, or production agencies, prize providers, Web masters and Web suppliers, and their respective officers, directors, employees, representatives and agents, (collectively, the “Contest Entities”), and their IRS dependents, immediate families (parent, child, sibling and spouse) and/or members of their households, are ineligible to participate in this Contest. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to this Contest. 3. TO ENTER Visit sparklingice.com/flavorlabcontest (the “Contest Site”) during the Entry Period and click on the Contest icon, follow the on-screen directions to the Contest page, and complete the Entry Form. Entrants must complete and submit the requested information, including first and last name and email address, their flavor combination, as well as a written statement/flavor pitch identifying why their flavor combination should be chosen (collectively, the “Entry”). 4. JUDGING CRITERIA/SELECTION OF WINNER On or about July 21, 2023, each Entry shall be judged separately based on the following judging criteria and with the following weight given to each such criteria (“collectively “Judging Criteria”): A. Flavor Combination 25% Each Entry will be judged for the flavor combination, does it taste good and will it be widely received as a palatable flavor. B. Compelling Flavor Pitch 50% Each Entry will be judged based on the reason stated in the entry that the flavor should be selected as the winner. received as a palatable flavor. C. Creativity 25% Each Entry will be judged on its creativity. The Entry with the highest combined score shall be declared the potential Grand Prize Winner, subject to verification. In the event of a tie, the Entry with the most compelling pitch will be declared the Grand Prize Winner from among ally tying Entries. Judging will be conducted by independent judges, whose decisions are final on all matters relating to the Contest. 5. NOTIFICATION OF POTENTIAL GRAND PRIZE WINNER The potential Grand Prize winner shall be declared the potential Finalists, subject to verification of age, identity and eligibility. The potential Grand Prize winner shall be notified by email to the email address that was provided as part of the Entrant information on or about July 21, 2023. If the potential Grand Prize winner does not respond within the time period specified in such email notification from Sponsor, Sponsor will make one (1) additional attempt to contact the potential Grand Prize winner by email at the email address that was provided as part of the Entrant information. If the potential Grand Prize winner does not respond within twenty-four (24) hours from the time the email was sent, the potential Grand Prize winner will be disqualified and the Entry with the next highest score using the Judging Criteria above, shall be chosen as the potential Grand Prize winner. The potential Grand Prize winner will be required to provide proof, to Sponsor’s satisfaction, of their eligibility, including without limitation, proof of age, residence and identity. Potential Grand Prize winner will be asked to complete, sign and return within five (5) days an Affidavit of Eligibility; a Release of Liability; an Assignment of Rights; a Publicity Release (where legal); written permission for Sponsor to conduct a background check (as discussed in more detail in the paragraph below) and any other similar documentation considered reasonably necessary given the nature of the Contest in Sponsor’s sole discretion (collectively, the “Documentation”). Failure to complete the Documentation as required may result in potential Grand Prize winner’s disqualification, at Sponsor’s sole discretion, and selection of an alternate potential Grand Prize winner based on the next highest score using the Judging Criteria above. The potential Grand Prize winner hereby authorizes Sponsor and its designated agents and representatives to conduct a comprehensive review of potential Grand Prize winner’s background (the “Background Check”). Potential Grand Prize winner understands that they will be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g. maiden name) and any other information necessary for Sponsor to conduct a Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency in any or all federal and state records, sex offender registry check, and terrorist watch list check. By entering, potential Grand Prize winner agrees to provide all personal information needed and sign a release or authorization form as part of the Documentation in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect potential Grand Prize winner’s personal information. In addition, Sponsor reserves the right, in its sole discretion, to disqualify a potential Grand Prize winner for any of the following reasons: (a) non-compliance with these Official Rules; (b) in the event that the potential Grand Prize winner notification is returned as undeliverable; (c) Background Check or other information indicating a history, characteristic or quality considered by Sponsor to be unacceptable in a Grand Prize winner in this Contest; (d) information showing that the Entry was defective or failed to comply with these Official Rules. 6. PRIZESOne (1) Grand Prize: One (1) winner shall receive a check in the amount of $100,000.00. ARV for all prizes: $100,000.00. Prize consists of only those items specifically listed as part of the prize. All expenses not specified herein are the responsibility of the winner. All taxes are solely the responsibility of winner. All prizes will be awarded. 7. ASSIGNMENT OF RIGHTS By submitting an Entry, Entrants grant to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without further compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of Entry with or without first and last name credit to the Entrant; and Entries that attempt to restrict this right will not be considered. Additionally, in exchange for selection as the Grand Prize winner, the Grand Prize winner agrees that Sponsor will be the sole and exclusive owner of all rights, title and interest in all ideas, concepts, expressions, information, material and works of authorship prepared in connection with the performance of Grand Prize winner’s responsibilities in the Contest, including without limitation their Entry, each as a “Work Made For Hire” under the Copyright laws of the United States, but if such works of authorship cannot be so deemed, then the Grand Prize winner hereby irrevocably assign and transfer to Sponsor, its successors and assigns, any and all rights, title and interest that the Grand Prize winner may have in any of the materials prepared in connection with Grand Prize winner’s responsibilities in the Contest, including, but not limited to, copyrights, trade secrets, patents, trademarks and other intellectual property rights, whether now known or hereafter to become known, in the United States and worldwide for the respective maximum terms of protection available throughout the world for consideration, the receipt and sufficient of which is hereby acknowledged. The Grand Prize Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Grand Prize winner may now or later have to their Entry. Grand Prize winner shall execute at Sponsor’s request such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. By submitting an Entry, Entrant explicitly acknowledges that their Entry can and may be produced, distributed and sold as a new Sparkling Ice flavor with no additional compensation, no prior approval and no rights, title or interest in or to the new flavor or sales or marketing associated with such sales to the Entrant whatsoever. 8. CONDITIONS OF PARTICIPATION Entrants agree (a) that Sponsor and its parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents and Contest Entities will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this Contest or any Contest related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and (b) except where legally prohibited, winner grants (and agrees to confirm such grant in writing) permission for Sponsor and those acting under its authority to use winner’s name, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the World Wide Web, without notice, review or approval. 9. LIMITATIONS ON LIABILITY Sponsor and Contest Entities are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Contest or in any Contest-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Contest or Web site, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Sponsor and the Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from the Web site. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Contest, and select winners for judging from all non-suspect, eligible entries received for such drawing(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor. 10. DISPUTES By entering this Contest, entrant agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Giveaway (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entrant’s participation in this Giveaway or otherwise accessing this Giveaway, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law rules. 11. SPONSOR Sponsor: Talking Rain Beverage Company, Inc., 30520 SE 84th Street, Preston, WA, 98050. Sparkling Ice Rewards enrollment: By checking the enrollment box you agree to the terms and conditions of Sparkling Ice Rewards . THIS IS A CONTEST OF SKILL. NO PURCHASE NECESSARY. Purchase will not increase your chance of winning. Visit flavorlabcontest.com and follow instructions to submit a flavor combination and flavor pitch. Entry Period: Begins 4/3/23 at 12:00 AM PST and ends 5/31/23 11:59:59 PST. Open only to legal residents of 50 US/DC, 18+ years of age (or 19+ for residents of AL & NE). One Grand Prize of $100,000. Total ARV: $100,000. For full rules including judging criteria, visit flavorlabcontest.com. Void where prohibited. Sponsor: Talking Rain Beverage Company, Inc., 30520 SE 84th Street, Preston, WA, 98050. Contest FAQs Terms & Conditions Sparkling Ice® Contact Us