1. Acceptance of Terms
Welcome to SunnyD.com (the "Site"), a web site provided to you ("you") by Sunny Delight Beverages Co. ("SunnyD"). The Terms and Conditions of Service include any posted guidelines or rules applicable to particular Services (as defined below) and, as updated by SunnyD from time to time, are collectively referred to as the "Terms and Conditions" and govern your use of the Site and Services. You should carefully read the Terms and Conditions before using our Site or the Services. You can review the most current version of the Terms and Conditions at any time at http://www.SunnyD.com/terms.shtml. By using our Site or the Services you agree to be bound by the Terms and Conditions and are indicating that you are at least eighteen years old or that you have the permission of your parent or guardian. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site or the Services.

2. Services
The Site includes information about products and services that are offered by SunnyD. The Site also includes games and sweepstakes and other entertainment materials. Children under 13 must have verifiable parental consent to submit any information through the Site, as more fully described in the Privacy Policy. Collectively, the provision of the information, games and sweepstakes and other services on or through the Site are referred to in these Terms and Conditions as the "Services."

3. Use of Services
To use the Site and Services you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. You will also need equipment and a modem or another access device.

4. Registration Requirements
To enter a contest or other sweepstakes on the Site, you must register with the Site. SunnyD requires you or your parent to provide your name, age, address, phone number and email address. Any entry in sweepstakes or contests is subject to the official rules and other legal terms set forth in the sweepstakes or contests.

For certain Services available from time to time, you may establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify SunnyD by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Services. SunnyD is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

Email:  Service.Fin@SunnyD.com
Phone:  1-800-395-5849

Mail:

Sunny Delight Beverages Co. 6000 Creek Road Cincinnati, OH 45242

The information SunnyD obtains from you will be used only in accordance with the SunnyD Privacy Policy.

5. Disclaimer of Warranties
You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Services.

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNNYD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SUNNYD MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

6. Exclusions and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUNNYD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF SUNNYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) YOUR RELIANCE ON ANY OF THE SERVICES; (iv) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, AND/OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL SUNNYD'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100.

7. Conduct on the Site
You are responsible for all content and information that you upload, post, email, submit or otherwise transmit using the Site or Services. Likewise, you are responsible for respecting SunnyD's and third parties' rights with respect to content that appears on the Site and not to download, email or otherwise transmit such content in violation of SunnyD's and third parties' rights. You agree not to use the Site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.

8. No Resale of Services
You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.

9. Ownership of Content
You understand and agree that your use of the Site and Services entitles SunnyD to use, monitor and preserve copies of all information submitted to the Site and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assistance in responding to claims that information violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of SunnyD or any other person or entity.

10. Links
The Services may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by SunnyD with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and SunnyD is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. SUNNYD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

11. Indemnity
You agree to hold harmless and indemnify SunnyD and its affiliates, and its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions.

12. Trademark Information
SUNNYD is a trademark owned by SunnyD. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of SunnyD.

13. Copyright Information
The content of the Services is owned by SunnyD and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The content of the Services, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of SunnyD, except that, subject to your compliance with the Terms and Conditions, SunnyD authorizes you to view or download a single copy of the content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of content or use of content for any other purpose is a violation of the rights of SunnyD, or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of SunnyD, or third parties. SunnyD reserves the right to terminate your use of the Services in appropriate circumstances if you infringe upon the intellectual property rights of any third party.

14. Jurisdiction and Venue
You and SunnyD agree that these Terms and Conditions and the relationship between you and SunnyD will be governed by the laws of the State of Ohio, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and SunnyD will rest exclusively in the courts of Hamilton County and the federal court for the District Court of Ohio.

15. Notice of Changes
SunnyD may change the Terms and Conditions from time-to-time. If such a change is made, SunnyD will post the revised Terms and Conditions on the Site. SunnyD reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that SunnyD may from time to time establish and revise practices and limitations concerning your use of the Site and Services.

16. General Practices Regarding Storage
You agree that SunnyD shall have no liability for the deletion or failure to store or display any messages and other communications or other content submitted for posting, maintained on the Site or transmitted using the Site or Services.

17. Termination of Services
SunnyD may add to, change, delete or terminate your use of the Services at any time for any reason without notice to you. SunnyD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. SunnyD reserves the right to refuse to offer Services to anyone at anytime without notice.

18. Miscellaneous
The Terms and Conditions constitute the entire agreement between you and SunnyD and govern your use of the Site and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and SunnyD. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of SunnyD to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions.