DocuSign Enveiope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

CANADA

PROVINCEOF QUEBEC (CIass Action)

DISTRICT OF MONTREAL SUPERIOR COURT

NO: 500-06-000780-169 MICHAEL ATTAR

Representative Plaintiff

-vs-

RED BULL CANADA LTD.

and

REU BULL GMBH

Defendants

SETTLEMENT AGREEMENT

This Scttlement Agreement (this "Settlement Agreement") is made by and among: (i)

individual and representative plaintiff Michael Attar ("Plaintiff), on behalt'ofhimselfand. on the terms

sei forth herein, the Settleinent Class (äs deflned beloiv) on the one hand; and (ii) RED BULL

C'ANADA LTD., a corporation existingunderthe laws ofCanada(.. RBCA") and RED BULLGMBH, a

corporation existing under the laws of Austria (together with RBCA, collectively, "Red Bull", and

Plaintift'and Red Bull being collectively referred to herein äs the "Parties") on the other hand, by and

through their respective counsel and representatives, äs of the 18th day of July 2019, to settle and

compromise the Claims ofPlaintifl'and the Settlement Class on the terms and conditions set forth below:

l. CLAIMS OF PLAINTIFF

A. Red Bull manufactures and distributes at the wholesale level, among other things,

cafFeinatedenergy drinks ("CEDs")throughout Canada. Plainliffallegesthat from at least 2004 to date,

^-)44Ci
DocuSign Enveiope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

Red Bull and/or certain affiliated parties of Red Bull that distribute Red Bull CEDs used or published

certain labelling, advertising materials, billboards, posters, point ofsale materials. online posts. websites

and/or social media in relation to the sale, marketing and distribution of Red Bull CEDs that: (i)

contained false, incomplete, unsubstantiated, misleading. or erroneous infbrmalion or representations

concerning the characteristics, ingredients. performance, required Statements, health benefils and risks of

consuming Red Bull branded CEDs; and (ii) failed to infonn or disclose. or provided misleading

information concerning, the hcalth risks associated with consuming Red Bull CEDs, incliidina vvithout

limitation, consumption with alcohol. By so doing, PIaintiff alleges (hat Red Bull breached obligations

imposed on them under the federal Competition /tel. R. S. C. 1985. c. C-34 äs well äs under consumer

protection and trade practice legislation in Quebec and other Canadian provinces. including:

a) Quebec's Consinner Proleclion Ad, R. S. Q.. c. P-40, l:

b) Alberta's Fair TradingAcl, R. S. A. 2000. c. F-2;

c) Saskatchewan's Consunier Proleclion and Business Praclices Acl. S. S. 2014. c C-30. 2:

d) Manitoba's Business Practices Acl, C. C. S. M. c. B 120;

e) British Columbia's Biisiiws.f Praclices and Consiiim'r Proleclion Ad. S. B. C. 2004, c 2;

f) Ontario's Conswner Proleclion Act, 2002, SO 2002. c 30, Schediile A:

g) New Brunsvvick's Consiinier Product Wcirrcinly und Liabilily Acl. S. N. B. 1978. c C-

h) Nova Scotia's Consunier Proteclion Act R. S. N. S. 1989, c 92;

i) Prince Edward Island's ßtismcss Pruclices Ad. R. S. P. E. I. 1988. c. B-7: and

2^440! 13
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

j) Nevvfoundland and Labrador's C'o»M'un;ef- Proleclion and Business Praclices Act.

S. N. L. 2009. cC-3 1. 1.

In compensation für the foregoing alleged faults (collectively, the "Claims"), Plaintiff requests, on

behalt of himselt and the Settleinent Class, damages under the common and civil law pertaining to

breach of contract. duty to inform, vvarranty, deceit, misrepresentation, negligence and wrongful act and

omissions. including; (i) the reimbursement ofthe purchase price ofthe CEDs; (ii) damages for trouble

and inconvenience; (iii) moral damages; and (iv) punitive damages (collectively, the "Damages"). Red
Bull coinpletely denies any and all such Claims, and contends that the Damages, and/or any other
remuneration lo Plaintiff and/or the Settlement Class, are unwarranted. Furthermorc. Plaintif'fand LPC

Avocat Inc. ("PIaintiff's Class Counsel") affirm and acknovvledge that no Claims were or are now

uonlained. alleged or advanced in the Action (defined beloiv) or are otherwise made (i) on behalt of

minors (defined äs natural persons under the age of 18) and (ii) in respect ofany adverse health effects

whatsoever or any allegations of physical härm relating to the consumption or Ingestion of Red Bull

CEDs including. vvithout limitation, mixture with alcohol (the "Excluded Claims"). The Parties agree

and acknowledge thal the scope of the release provided to Red Bull in this Agreement has been

negoliated and agreed in reliance and on the basisot'Plaintiffs and Plaintiffs Class Counsel's tbregoing
explicit acknowledgement concerning the Excluded Claims.

B. Plaintiffhas filed an AuieiidedApplicalion to Aulhorize llw Bringing of u Class Action

und lo Appoinl ihe Slaliis of Representalive Plainliff, in vvhich he alleges the Claims and requests the
Damages: Michtiel Altar v. Red Bull Canacla and Red Biill GMBH, No. 500-06-000780-169 (Que. Sup.
Ct. April 7. 2017) (the "Action"). The Action has not yet been authorized to proceed äsa class action.
DocuSign Enveiope 10: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

C. Plaintiff, through PlantifPs Class Counsel, has conducted an investigation ofthe f'acts and

analyzed the relevant legal issues. Although Plaintiff and Plaintiffs Class Counsel believe that the

Claims have merit. Plaintiffand Plaintiffs Class Counsel also have examined the benefits to be obtained

under the proposed terms of settlement sei forth in this Settlement Agreement (the "Settlement ). and

have considered the potential risks, costs and delays associated with the continued prosecution of the

Action and the likely appeals of'any rulings in t'avor ofeither Plaintiffor Red Bull.

D. Red Bull has conducted an investigation of the facts and analyzed the relevant legal

issues. Although Red Bull denies all liability or wrongdoing with respect to any and all lacts or

allegations arising out ot'or related to the Claims, and believes that Red Bull's defenses available at law

and/or equity to the Claims asserted in the Action have substantial merit. Red Bull also has considered

the potential risks, cosls and delays associated with the continued liligation of the Action and the likely

appeals ofany rulings in f'avor ofeither l-'laintiffor Red Bull against the benefits ofthe Settlement.

E. Each of the Parties and their respective counsel believes, in consideration of all the

circumstances and after substantial arms' length settlement negotiations betvveen counsel. that its

respective interests are best served by entering into the Settleinent set forth in this Settleinent

Agreement. Plaintiff and Plaintift's Class Counsel believe tliat the Settleinent is l'air. reasonable,

adequate and in the best interests otthe Settlement Class.

F. The Parties intend that the proposed Settlement set f'orth in this Seltlement Agreement

will resolve all Released Claims (äs defined beloiv).

NOW, THEREFORE, 1T IS HEREBY AGREED by and bchveen the Parties, (hat:

:4440i'X:;
DocuSign Enveiope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

(a) the Action will be settled and compromised äs between Plaintiff (on behalf of

himsclfand all Settlement Class Members) and Red Bull, subject to approval of

the Quebec Superior Court (the "Court") äs further described herein;

(b) upon the Court's approval ofthe Settlemenl, a final judgment or Order, in a form

to be agreed by the Parties and approved by the Court, will be entered: (I)

declaring that the Settlement Agreement constitutes a transaction pursuant to

article 2631 ot the C/i'i'/ Code of Quebec, thereby el'fectively terminating the

Action; (2) declaring the Action settled out of Court; (3) barring and enjoining the

prosecution by the Settlement Class Members of all Released Claims against the

Released Parties (äsdefined beloiv) with prejudice; and (4) ordering the Partiesto

abide by the Setllement Agreement; and

(c) all ofthe foregoing are subject to the following terms and conditions:

II. DEFINIT10NS

In addition to the foregoing defined terms, for purposes of this Settlement Agreement and all

Annexes hereto, the tollowing terms shall have the meanings given to them belovv:

A. The terrn "certitlcation" äs used in this Settlement Agreement refers to the legal process

ot certificalion ofa class action äs commonly understood in the common law provinces ofCanada, and

to the legal process of "authorization" of a class action äs commonly understood in the Province of

Qiicbec, niiitatis mulandis and vicv versa, and the tivo expressions are used interchangeably throughout
ihi.s Scltiemcnt A^i'L'emcnl..

:4440!. '3
DocuSign Enuelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

B. "Claims Administrator" is the entity or person approved by the Court to manage the

Settlement Benefits Claims Process, including vvithoul limitation receiving from Red Bull the Settleinent

Beneflts, Publishing notices to the Settlement Class, paying the Settlement Benefits to Settlement Class

Members, and reporting to the Court and the Parties äs necessary and appropriate.

C. "Class Period" means the period from January l, 2007 up to and including the datc of

the Notice Approval Order.

D. "Class Counsel Fees" means legal fees and disbursements that Plaintiffs Class Counsel

requests in relation to the Action and that Red Bull has agreed to pay subject to Court approval,

inclusive ot applicable taxes in accordance with legal principles.

E. "Effective Date" is the date on vvhich the Settlement Approval Order is Final.

F. "Final", vvhen used in connection with any court Order or judgment. means that the

relevant order orjudgmcnt will be final:

(a) ifno appeal is taken therefrom, on the date on vvhich the time to appeal thcrcfrom

(including any potential extension oftime) has expired, or

(b) if any appeal is taken therefrom (including without limitation any appeals by

Objectors), on the date on vvhich all appeals therefrom, inciuding motions for

rehearing or reargument and motions or applications for leave to appeal or any

other fonn ofreview, have been finally disposed of, such (hat the time to appeal

therefroin (including any potential extension of time) has expired or does not

exist. in a manner resulting in a final, non-appcalable affirmance of the relevant

order or judgment.

2444COJ
DocuSign Enveiope 10: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

G, "Final Settlement Notice" means a written notice of the Settlement approved by the

Court in the Settlement Approval Order, in form and substance substantially similar to that attached

hereto äs Annex 2 to this Settlement Agreement.

H. "Notice Approval Order" means the Order or judgment ofthe Court that approves the
Pre-Approval Settlement Notice.

l. "Notices" means, collectively, the Pre-Approval Settlement Notice and the Final

Settlement Notice.

.
1. "Objcctors" means entities or individuals \vho register formal objections with the Court

äs part of the process ofapproving this Settlement Agreement.

K. "Opt Guts" means Settlement Class Members who validly opt out of the Settlement

Class vvithin the period and under the conditions and procedures for opt-out äs determined by the Court

and described in any notice to class members approved by the Court.

Orders" means, collectively, the Notice Approval Order and the Settlement Approval
.

Order.

M. "Pre-Approval Settlcment Notice" means a written notice of the proposed Settlement

approved by the Court in the Notice Approval Order, in form and substance substantially similar to that

attached hereto äs Annex l to this Settlement Agreement.

N. "Released Claims" means any and all Claims, rights, damages, losses, demands,

obligalions, actions, causes of action, suits, cross-claims, matters, issues. debts. liens. contracts.

liabilities, agreements, costs, or expenses, of any nature whatsoever, ascertained or unascertained.

4-J. ;(n''
DocuSign Envelope 10: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

suspected or unsuspected, existing or claimed to exist, including any Unknown Claims, öl' Plaintil'l'

and/or the Settlement Class Members (collcctively, "Losses") arising oul ofany purchase. consumption

or use by them of Red Bull CEDs, to the extent that any Losses: (a) arise out ofthe Action; (b) relate to

any allegations that either were or could have been asserted in the Action or may previously have been

asserted in Claims relating to Red Bull CEDs: or (c) inight in the future be asserted by Plaintit'for any

Settlement Class Member. against any ofthe Released Parties in connection with. arising from. or in any

way whatsoever relating to, (in any manner, directly or indirectly) the Claiins and/or any acts. facts.

transactions, occurrences, conduct, representations or omissions alleged in the Action. including,

without limitation, Losses respecting any disclosure or failure thereof, advertising. marketing. labeling.

packaging, promotion, sale or distribution, or other descriptions of. or Losses relating the nalure. quality.

product pricing, value, safety, and/or functionality of Red Bull CEDs and their ingredients. or the risks,

disclosed or undisclosed, relating lo their consumption or ingestion. including mixture vvith alcohol, or

any other threatened or pending litigation asserting Losses ofthe nature encompassed by the Release.

and any Losses arising after the date that the Settlement Approval Order becomes Final that could be

asserted based on labels or markeling materials, consumption or Ingestion of Red Bull CEDs in

existence äs ofthe Effective Date. For avoidance ofdoubt, Released Claims include Losses relating to:

(i) damages caused by alleged inadequate, misleading, incomplete or otherwise improper labcling.

advertising, marketing, distribution or sale of Red Bull CEDs; and (ii) any claim forpunitive damages.

0. "Relcased Parties" means each and all ofthe defendants and each and all of defendants

direct and indirect parent companies and affiliates including without limitation Red Bull. Red Bull

Canada Distribution, Red Bull North America, Inc., Red Bull Distribution Company, Inc.. Red Bull

Media House North America. Inc., Red Bull Music Academy. Inc., Red Bull New York. Inc.. and Red

Bull Records, Inc. and each and all of their respcctive divisions and direct and indirecl subsidiaries.

2444DÜ3
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

affiliates, partners, joint ventures, predecessors and successor corporations and business entities, and

each and all öl their past and present officers, directors, servants, licensees, joint ventures, sureties,

attorneys, agents, consultants, advisors, contractors, employees, controlling or principal shareholders,

general or limited partners or partnerships, divisions, insurers, designated manageinent companies, and

each and all öl their successors or predecessors in interest, assigns, or legal representatives, and any
persons or entities that have designed, developed, manufactured, supplied, advertised, marketed,

distributed or sold (in each instance. directly or indirectly) Red Bull CEDs.

P. "Represcntative Plaintiff means plaintiff Michael Attar in his capacity äs a

representativc tbr the Settlement Class, ifand whenappointed to (hat role by the Court,

Q. "Settlement Approval Order" means the Order or judgment of the Court that finally
approves the Settlement and authorizes the class action for settlement purposes only.

R. "Settlemcnt Benefits" means the amounts payable by Red Bull to Settlement Class

Members under Section III. D(e) hereof.

S. "Settlement Benefits Claims Process" means the process described in Section III.B(a)
hercot.

T. "Settlement Class" mcans all legal and natural persons (excluding minors. defined äs

natural persons under 18 years of age äs of the date the Court issues the Notice Approval Order) who
were residents olCanada (including without limitation any of its provinces and territories) during the
Class Period and who purchased and/or used or consumed one or more Red Bull CEDs in Canada during
the Ciass Period excluding Released Parties.

.'4. !4t);i^
DocuSign Envelope 10: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

10

U. "Settlement CIass Member" means any person who falls within the delinition ot thc

Settlement Class, including without limitation any Objectors who do not validly opt out of Ihe

Seltlement Class, but excludes persons vvho validly opt out ofthe class action.

V. "Unknown Claims" means all Losses arising out of facts relating to any matter covered

by the Released Claims that all persons or entities providing releases under this Settlement Agreement,

includingall Settlement Class Members, do not know or suspect to exist in their favourat the time ofthe

release ofthe Released Parties and which, ifknown by them, might have affected their decision to settle

with Red Bull and release the Released Parties or to take any other action including. but not limited to.

objecting or not objecting to the Settlement. All persons or entities providing releases under this

Settlement Agreement may hereafter discover facts other than or different from those which such

persons now know or believe to be true with respect to the subject maner ofthe Released Claims. Upon

the Effective Date, each person or entity providing releases under this Settlement Agreement, including

all Settlement Class Members, shall be deemed to have waived any and all rights (hat he. she. it or thcy

may have under any action, Statute, regulation. administrative adjudication or common or civil law

principle that vvould otherwise limit the effect ofthe foregoing releases to those Claims actually knovvn

or suspected to exist at the time ofexecution ofthis Setllement Agreemenl.

III. TERMS AND CONDITIONS OF THE SETTLEMENT BENEFITS

A Obligationsof Red Bull.

(a) Conditional Nattire. All obligations of Red Bull hereunder are conditional and

contingent in all respects upon effective termination ofthe Action and thc cntry of

a declaration öl' settlement of the Action. the release by the Settlemenl Class

Members of the Released Claims, entry of the judgment approving this

2444 ()t>3
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

Settlement Agreement äs provided for in the Settlement Approval Order, and the
occurrence ofthe Effective Date.

(b) The Srlllemenl Fand. Red Bull shall deliver to the Claims Administrator the total

amount not to exceed CAD $850, 000 (which total amount includes all taxes, fees,

interest, and costs) (the "Scttlement Fund"), äs and when required under this

Settlemenl Agreement, to be used to: (i) make available to Settlement Class

Members the Settlement Benefits, pursuant to the terms and conditions of this

Settlement Agreement; (ii) pay all costs related to obtaining the approva] ofthis

Settlement Agreement, including but not limited to publication of all notices to

the Settlemenl Class, including the Pre-Approval Settlement Notice and the Final

Settlement Notice; (iii) pay all costs of the Claims Administrator or any other
person relating to the administration, processing and distribution of Settlement

Benefits; (iv) pay all Class Counsel Fees and disbursements applied for and
ultimately awarded by the Court; (v) pay a disbursement of up to $5, 000 to
Representative Plaintif'f. if approved by the Court; (vi) pay any amount
detennined by the Coiirt to be payable (o the Quebec Fonds d'aicle am actions

colleclives; and (vii) if applicable, pay any cy-pres payment approved by the
Court of any amount remaining in the Settlement Fund, in accordance with the

procedures set forth below. Under no circumstances whatsoever shall Red Bull

have any further financial responsibility to pay any amount in excess of the

maximum amount of CAD $850, 000 (which maximum amount includes all taxes.

interest, fees and costs) pursuant to this Settlement Agreement or in the execution

ofany ofits provisions.

:4-14(i'j-i
DocuSignEnveiope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

12

(c) Remillance of Seltlemenl Fiiiid lu C/aims Adiiiinislratur. Red Bull sliall make an

advance payment to the Claims Administrator from the Settlement Fund of an

amount sut'ficient to cover the publicalion costs of the Pre-Approval Settlement

Notice within thirty (30) days after the later of the date: (i) the Court issues the

Notice Approval Order in which the Coun approves the Claims Administrator's

appointment and directs paymenl ofthe amount to the Claims Adininistrator: and

(ii) the Claims Administrator agrees in writing to perform its duties in strict

compliance with the terms ofthis Settlement Agreement. Red Bull shall pay the

remainder of the Settlement Fund to the Claims Administrator within len (10)

business days after the Effective Date.

(d) Modifi calion of Conducl by Red Bull: Within the Class Period, Red Bull

voluntarily amended and updated its inarketing materials and labeling messages

directed at Canadian consumers, and has done so in part to address the concerns

raised in the Action and in part due to regulatory changes in Canada, Plaintilland

Plaintiffs Class Counsel agree that, for purposes ofthis Settlement Agreement.

such updated materials satisfy any and all Claims of vvhatever kind or nature

against Red Bull vvhich Plaintiffor Settlement Class Members asserted, or could

have asserted. in the Action.

(e) Modißcationsto Red Bull Canada's website: Within Hve (5) days of the Effective

Date, Red Bull shall modify and Update the French and English versions of its

Canadian webpage (on the following URL or such other URL äs reasonably

detennined by Red Bull, so lang äs the URL is within the "Q&A" section of'the

webpage: https://energydrink-ca. redbull. com/en/red-bull-and-alcohol) to include a

;-144()03
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

13

hyperlink to Health Canada's warning conceming the potential health risks

associated with consuming CEDs with alcohol for at least one (l) year following
the Efl'ective Date.

(0 Orders. Red Bull shall, jointly vvith Plaintiff and Plaintiffs Class Counsel. file

motions for the Orders, äs required under Section V hereof.

(g) Olher. Red Bull shall otherwise comply with and perform all of the terms,

conditions and obligations required ofthem under this Settlement Agreement.

B Obligations of Settlement Class Members.

(a) Setllenienl Beiie/ils Claims Process. To claiin entitlement to the compensation

provided under this Settlement Agreement, a Settlement Class Member must:

(l) provide his/her e-mail address lo the Claims Administrator in the manner

described in the Pre-Approva] Notice by the deadlines provided (herein;

(2) complete an on-line claim form, an agreed draft ofwhich is attached äs Annex

3 to this Settlement Agreement ("Claim Form"), and

(3) submit such completed Claim Form to the Claims Administrator in the manner

described in the Claim Form no later than 30 days after the date ofpublication of

the Final Scttlement Notice by the Claims Administrator in the manner described

herein (the "Claim Form Due Dato"),

-:-;44Ul;. ;l
DocuSign Envelope ID: 298B9FF2-C840-4526-A9A7-CA2983B6DA11

14

If a Settlement Class Member fails to complete (l). (2) or (3) above in this

subsection (a), then he/she will not be entitled to any portion of the Settlement

Benefits, and will be subject to the Releases set forth in Section VI.

(b) Payment of Setllemenl Benefils. Settlement Class Meinbers vvho timely and

validly submit Claim Forms shall receive payment of any Settlement Benefits to

which they are entitled by means of an electronic payment by Interac e-lransfe!'

or other similar electronic means of paymenl äs judged feasible by the Claims

Administrator sent to the e-mail address provided by the Settlement Class

Member. Stiel) payments inay be retrieved f'or a period of thirty (30) days after

transmittal of the same by the Claims Administrator; provided that if any

Settlement Class Member falls to timcly retrieve an electronic paymcnt, the

payment will be withdrawn, the electronic transfer wiil be voided, the Settlement

Class Member will be deemed to have received their füll Settlement Benetits

under the Setttement Agreement, and for the avoidance ofdoubt such Settlemenl

Class Member shall still be subject to the Releases set forth in Section VI. If'any

Settlement Class Member nevertheless attempts to retrieve an electronic transler

after the aforementioned 30-day time period, that Settlement Class Member shall

be responsible for any associated fees, ftnes, or penalties. imposed by its tinancia!

Institution, and for the avoidance of doubt such Settiement Class Member shall

still be subject to the Releases set forth in Section VI.

C. Obligations ofPlaintiffand thc PIaintiffs CIass Counsel.

24441 K).^
DocuSign Envelope ID. 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

15

(a) Termination of Action (ind Declciralion of Settlemenl. Plaintiff and Plaintiffs

Class Counsel, with the reasonable cooperation of Red Bull äs and when required,

shall use their best efforts to effectuate the Settlement and to secure the prompt,
complete and final termination of the Action and declaration of settlement in

respect ofthe Action äs against Red Bull.

(b) Orders. Plaintiff and Plaintiffs Class Counsel shall, jointly with Red Bull, file

motions vvith tlie Court for the Orders, äs required under Section V hereof.

(c) Piiblicatioii of Notices. Plaintiffs Class Counsel may post a link on Plaintiffs

Class Counsel's vvebsite and firm Facebook page to the Pre-Approval Settlement

Notice and Final Settlement Notice published by the Claims Administrator

pursuant to Sections l[I. D(a)(l) and (3) beloiv, with the following Statement: "For

information on a class action settlement with Red Bull Canada Ltd., please visit:

[wivw. energydrinksettlement. ca]. " Plaintiffs Class Counsel may post information

regarding the settlement at \ \ \ . Index. com/'cneriivdriiikseulcmenl in the same

format äs the "Settlements" section ofthe firm website www. lpclex. com (vvhich

includes a single photographic image and summary of the terms of the

settlement). Plaintiffs Class Counsel may publish the photograph contained in

Annex 4 (the "Photograph"), vvithout deviation, solely on the website

\'j^'_ll)dc\_co]ii, L'iiuru\tl]'inkseillc]iienl for a period of three (3) years after the

date of this Settlement Agreement or until this Settlement Agreement is

terminated by its tenns, vvhichever is earlier (the "Publication Term"). Plaintiffs

Class Counsel shall be required to remove the Photograph from the firm website

and cease all publication of the Photograph after both (a) the Publication Term

^-)4-;'f')^
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

16

has ended and (b) Plaintiffs Class Counsel has received vvritten nolice öl the

same from Red Bull.

(d) Non-Disparugement. Plaintiffs Class Counsel shall not disparage Red Bull or any

Red Bull products (including vvithout limitation CEDs) at any time in any format.

(e) Other. Plainliff and Plaintiffs Class Counsel shall othervvise comply with and

perform all of the terms, conditions and obligations required of them.

respectively, under this Settlement Agreement.

D. Öbligations of Claims Administrator.

(a) Publicalion of Pre-Approvul Seltlenienl Nolice. The Claims Administrator sliall

deliver to the Settlement Class the Pre-Approval Settlement Notice. äs set forth

belovv:

(l) The Pre-Approval Settlement Notice. together with a copy of tliis

Settlement Agreement must be published on a separate website (in

English and French) not linked to either of the Parties or their legal

counsel (including without limitation PlaintilTs Class Counsel) at the

following URL [vvwvv. energydrinksettlement. ca]. The Pre-Approval

Settlement Notice and Settlement Agreement will rcmain posted on

that website until ninety (90) days af'ter the date that Settlement

Benefits have been transmitted bv the Claims Administrator to

Settlement Class Members or until this Settlement Agreement is

tenninated bv its terms, whichever is earlicr.

2. i4. 1(i03
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

17

(2) Plaintiffs Class Counse] may continuously post a link to the Pre-

Approval Settlement Notice website on their firm website, beginning

on the date that the Pre-Approval Settlement Notice is published

pursuant to Section D(a)(l) above, and ending on the day that is (90)

days after the date that Settlement Benefits have been transmitted by

the Claims Administrator to Settlement Class Members or until this

Seltlement Agreement is terminated by its terms, whichever is earlier.

Other than the Image contained in Annex 4, Plaintiffs Class Counsel

shall not copy or publish any Red Bull IP or images ofthe CEDs or

other products, except äspennitted in vvriting by Red Bull.

(3) The Claims Administrator shall cause a short form Version ofthe Pre-

Approval Settlement Notice (in form and substance substantially

similar to that attached hereto äs Annex IA) to be published through

means of a Facebook campaign targeting consumers residing in

Canada, that will include a plain text message and a link to the Pre-

Approval Settlement Notice in PDF fonnat. The Facebook campaign

shall run for a period of 20 days betiveen the date of the Notice

Approval Order and the date of the hearing on the Application for

Settlement Approval Order.

(b) Publiccilioii of Final Settlenwnl Notice. Within fifteen (15) days after the
Settlement Approval Order is entered, the Claims Administrator shall (l) post the

Final Settlement Notice on the same website upon vvhich the Pre-Approval

Settlement Notice was published, and (2) communicate the Final Settlement

:444l'(;-t
.
DocuSign Enuelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

18

Notice by email to Settlement Class Members vvho have previously provided their

email address to the Claims Administrator.

(c) A'o Nolice Reciuired Following Change of Selllenienl Renefils. The Parties also

agree that, if the Settlement Benefits available to Settlemenl Class Mcmbers

change in a manner which does not adversely effect the rights of such Seltlement

Class Members (für example but without limitation. an extension of the time for

makine Claims, a change in the average payment to Settlement C'lass Members. a

change in the amount of fees awarded to Class Counsel, etc. ) the Claims

Administrator does not need to publish, or othervvise deliver to Settlement Class

Members, a new notice, except that the Claims Administrator will Update the

Settlement Notice website in tlie event ot' any material cliange to the Settlement

Benefits.

(d) Representiitive Plainliff's Disbursemenls. Ifapproved by tlie Court äs pari ot the

Settlement Agreement, Red Bull agrees the Representative Plaintiff will be

entitled to receive up to CAD $5, 000 from Ihe Settlcment Fund in consideration

for his disbursements and the time and effort that he has put into Ihe Action and

its preparation and investigation, äs weil äs in representing the interests öl

Settlement Class Members residing in the province of Quebec and in the rest of

Canada. The Claims Administrator shall disburse the sum of up to CAD $5. 000

(subject to Court approval) to the Representative Plaintift from the Settlemenl

Fund within ten (10) business days at'ter the Et'f'ective Date or such other date

thereafter äs mutually agreed upon by the Claims Administrator and Class

Counsel.

244400.1
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

19

(e) Puyi iienl of Seltlemenl Benefi ts. Within sixty (60) days after the later of the

Effective Date and the Claim Form Due Date, the Claims Administrator shall pay

an amount to each valid claimant equal to: (i) the amount remaining in the

Settlement Fund after deducting all notice and administration costs, any amount

determined by the Court to be payable to the Quebec Fonds d'aicle uiix actions

colleclives, the Representative Plaintiffs disbursement and Class Counsel Fees

applied for and ultimately aivarded by the Court; divided by (il) the number of

valid Claims; provided that every such payment shall be equal in amount and no

Settlement Class Member may receive more than ten dollars (CAD $10), no

matter the number of total Claims made nor the number of Claim Forms that such

Settlement Class Member submits, it being understood and agreed that each

Settlement Class Member shall be limited to one claim. The Claims Administrator

shall monitor transmittal and cashing/redeemingofthe Settlement Benefits by the

applicable Settlement Class Members, and ivithdraw any payment not timely
cashed by any such Settlement Class Members pursuant to Section III. B(b)
hereof.

(0 Cy-Pivs Paynivnl of Reinainder qf Selllenieiil Fund. If applicable, the Claims

Administrator shall pay any remaining amount of the Settlement Fund after all

Settlement Benefits and all other amounts described in this Section III are paid to
a charitable organization agreed to by the Parties and approved by the Court.

(g) C/osing Report tu ihe Court. As part of its mandate, the Claims Administrator

shal] produce a Closing Report to the Parties to be filed into the Court record äs

an exhibit to an application by the Parties detailing the acts of its administration

^444ni )J
DocuSign Envelope ID: 29889FF2-CB40-4526-A9A7-CA2983B6DA11

20

and the results ofthe settlement, including the numbers of Claims, and accounting

for all amounts paid from the Settlement Fund. and seeking an Order from the

Court closing the case and definitively terminating the Action.

(h) Other. The Claims Administrator shall otherwise comply with and perlorm all of

the terms, conditions and obligations required of il Linder this Settlement

Agreeinent.

E. Red Bull anil Plaintiffs Class Cuunsel not Respoiisihle or Liiible for Cluiiiis

Administralioii or Acts of Claims Admiiiislnilur. Red Bull and Plaintiffs Class Counsel shall not have

any responsibilily. liability or financial Obligation vvhatsoever with respect lo the invcstment.

distribution or administration ofmonies in the Settlement Fund. More generally. Red Bull and Plaintills

Class Counsel shall have no responsibility for and no liability whatsoever with respect to Ihc

administration of this Settlement Agreement, or for any mismanagement. negligence or malteasance

committed by the Claims Acfininistrator appointed by the Court or any other Party. The Parties agree

that the inclusion ofthis provision in the Settlement Approval Order issued by the Court is a condilion

ofsettlement.

F. Opt Out List. Following the deadline established by the Court in the Nolice Approval

Order for potential Settlement Class Members to opt out ot'the Settlement Class. the Parties may request

from the clerk of the Court a complete list of all Opt Outs that have been received by the Court (the

"Opt Out List"). If'the number ofOpt Outs exceeds one hundred (100), then Red Bull may in its sole

and absolute discretion withdraw from, and unilaterally terminate, this Settlement Agreement by: (i)

filing with the Court a notice ofwithdrawal (the "Opt Out Withtlrawal Notice") vvithin förty-llve (45)

days after Red Bull's receipt ofthe Opt Out List; and (il) serving. or causing to be served. on Plaintiirs

2444 (iü 3
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

21

Class Counsel the Opt Out Withdravval Notice. For the avoidance ofdoubt, Plaintiff and/or Plaintiffs

Class Counsel do not have any right or Option to vvithdraw from this Settlement Agreement based on the

number ofOpt Guts. The Parties agree that the date for the Settlement Approval Order hearing should be

subsequent to the expiry of the time for filing by Red Bull of the Opt Out Withdrawal Notice. The

Parlies shalljointly requestthe Court to schedulethe hearingaccordingly.

G. Naturc of Settlcment Benefits. This Agreement is reached on the basis that the

Settlement. including without limitation the amount ofthe Settlement Benefits, does not contemplate or

represent a refund ofthe price ofproduct purchased by Settlement Class Members and does not attract

any sales tax (including G. S.T., P. S. T., H, S. T., and similar forms of taxation), or domestic or

international duty, duties, levy. or levies.

H. Conditional Nature ol'Settlement.

(a) Finul Selllement Approval Order. This Settlement Agreement is conditioned upon

the Settlement Approval Order becoming Final. Ifthe Settlement Approval Order

is reversed or vacated, then either party may, in its sole and absolute discretion.

vvithdraw from, and unilaterally terminate. this Settlement Agreement, by filing a

Withdraival Notice vvithin thirty (30) business days after the vacating of the
Order.

(b) Form of Sc'nleincnl Approval Order. This Settlement Agreement is conditioned

upon the Settlement Approval Order confbrming to the terms and conditions

contemplated by this Settlement Agreement. If the Settlement Approval Order is

modified in any manner that limits the scope of releases given to the Released

Parties äs provided in this Settlement Agreement, or if any Order of the Court,

^444i!!)J-
DocuSign Enuelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

22

including without limitation the Orders, imposes any obligation(s) on Red Bull

that are materially dift'erent from those stated and dcscribed herein, then Red Bull

may, in its sole and absolute discretion, withdravv from, and unilaterally

terminate, this Settlement Agreement, by filing a Withdrawal Notice within thirty

(30) business days after the Court's delivery of such order, and serving the saine

on Plaintiffs Class Counsel.

(c) Restoration of Prior Positions Fo/lowing Seillenient FaUure. If tliis Settlement

Agreement is terminated in accordance with its terms, the Parties will be restored

to their prior respective positions. The tenns and provisions of this Settlement

Agreement shall at that time have no further force and effect vvilh respect to ihe

Parties and shall not be used in any action or procceding tor any purpose. Any

order of the Court including vvithout limitation the Orders, not entered in

accordance vvith the terms of this Settlement Agreement shall be trealed äs null.

vacated and of no effect, niinc pro liinc.

IV. CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS

A. For settlement purposes only, the Parties shall jointly request Ihat the Court make

findings and enter an order granting conditional certification of the Settlement Class. preliminary

approval ofthe Settlement, and appointing Plaintiffas Representative Plaintif'fofthe Settlement Class.

B. Red Bull does not consent to certification of the Settlement Class for any purpose olher

than to effectuate the settlement ofthe Action. Ifthis Settlement Agreement is terminated pursuant to its

terms, the Order certit'ying the Settlement Class and all preliminary and/or Final findings regarding the

Court's class certification Order shall be vacated upon notice to the Court by Red Bull ofthe termination

2444003
DocuSign Envelope IDI 298B9FF2-CB40-4526-A9A7-CA2983B6DA1

23

ofthis Settlement Agreement, and the Action shall proceed äs though the Settlement Class had never
beencenified and such findingshad never been made, without prejudiceto the ability ofany Party
thereafterto requestoroppose classcertification on anybasis.

V. ORDERS AND NÖTIGES

A. Notice Approval Order. Promptly fbllowing the execution of this Settlement

Agreement, the Parties shall jointly file an application before the Court to certify the class action for
settleinent purposesonly. toappointthe Plaintiffas Representative Plaintiffoftheclassandto obtainthe
Notice Approval Order.

B, Application for Settlement Approval Order. Following the entry of the Notice
Approval Order, and after the expiry of the time to serve and file an Opt Out Withdrawal Notice (äs
defined herein), the Parties shall jointly t-ile an application before the Court to obtain the Settlement
Approval Order, and request that the Court:

(a) declare that this Settlement Agreement is fair, reasonable, and in the best interests
of all Class Members;

(b) approve this Settlement Agreement and Orderthe Parties and the Settlement Class
Members to comply with it;

(c) Order that the Final Settlement Notice be (l) posted on the same website upon
which the Pre-Approval Settlement Notice was published; and (2) communicated
by email from the Claims Administrator to Settlement Class Members who have
previously provided their email address to the Claims Administrator pursuant to

^444"(J<
DocuSign Envelope ID: 298B9FF2-CB40^4526-A9A7-CA2983B6DA11

24

the Pre-Approval Settlement Notice äs provided for in this Settlcment Agreement:

and

(d) declare that the Aclion is settled out of Court.

C. Form and Content of Orders and Notices. It is a fundamental term of this Senlement

Aereement that PIaintiff and Red Bull must agree on the form and content of bolh Orders and Notices
and that the issued Orders and published Nolices must be consistent with the tenns ofthis Settlement
Agreement. The form and content of the Orders and Notices are malerial terms of this Settlement
Agreement, and if the Court fails to approve the form and content of the Orders and Notices
substantially in the forms submitted to the Court, then Red Bull may unilaterally terminate this
Settlement Agreement in its sole and absolute discretion by filing a Withdrawal Notice and serving the
same on Plaintit'fs Class Counsel.

VI. RELEASES

A. In accordance vvith the provisions of the Settlement Approval Order, for good and
sufficient consideration. the receipt of which is hereby acknowledged, on Ihe Effective Date, Plaintiff
and each Settlement Class Member, by Operation of the Settlement Approval Order shall have tully,
finally, and forever released, relinquished and discharged each and all ofthe Released Claims against
each and all ofthe Released Parties.

VII. CLASS COUNSEL'S FEES AND D1SBURSEMENTS

A. By application presented for adjudication at the same time äs the Application for the
Settlement Approval Order or subsequent thereto. Class Counsel may seek approval of the Class
Counsel Fees in the agreed upon amount of CAD $250. 000 (two hundred flf'ty thousand Canadian
Dollars) plus sales taxes thereon for its extrajudicial f'ees, äs weil äs up to but nol more than CAD

: 444'JÜ 3
DocuSign Envelope 10:298B9FF2-CB40.4526-A9A7-CA2983B60A11

25

$15, 000(tifteen thousandCanadiandollars) plusapplicabletaxesfbrdisbursements andjudicialcosts.

oranylesseramountapprovedbytheCourt,paymentofwhichshallberemittedtoClassCounsel bythe
Claims Administrator within ten (10) business days after the date when thejudgment approving the
Class Counsel Fees has become Final, or such other date thereafter äsmutually agreed upon bythe
Claims Administrator andClassCounsel. thewholeäsfüll andfinalcompensation forClassCounsel's
fees.ClassCounsel Feesanddisbursements ultimatelyavvardedbytheCourtwill bepaidsolelyand
exclusively from the Settlement Fund.

B. TheSettlementAgreementis in novvayconditionalupontheapprovalofClassCounsel
Fees.AnyOrderorproceeding ,'elatingtotheapplication forapproval ofClassCounsel Fees,orany
appeal from anyOrderrelatingthereto orreversal ormodification thereof, shal] notoperatetoterminate.
cancel or change the lerms ofthis Agreement.

C. Red Bull will not contest the application for Class Counse] Fees.

VIII. COSTSOFNÖTIGEANDADMINISTRATION

A. All costs of dissemination ofany notice to the Settlement Class in accordance with the
tennsofthisSettlementAgreement,togetherwithallcostsofadministrationoftheSettlementBenefits
Claims Processandanyandall otherexpenses incurred bytheClaimsAdministrator intheexecution of
.
isobligat. onsunderthisSettlement Agreement shallbepaidsolelyandexclusively fromtheSettlement
F-und.

B. The Parties may monilor the fulfillment and payment of Settlement Benefits to
Seitlement Class Members and. pursuant to the terms and conditions included in this Settlement
Agreement, may acton behalfofSettlement Class Members to assist m theirreceipt ofthe Settlement
Benefits.

2 444'. K i
DocuSign Enuelope ID:298B9FF2-CB40-4526-A9A7-CA2983B6DA11

26

IX. OTHER PROVISIONS

A. Further Assurances; Enforecment. Upon execution ofthis Settlement Agreemenl, the
Parties agreeto act in good faith, cooperate and use all reasonable efforts to achieve approval öl'the
Settlement in accordance with the terms ofthis Settlement Agreement, and to impleinent the Settlement
and comply with, confirm the basis for and effectuate the terms of this Settlement Agreement. In
particular, PlaintiffsClassCounselshallcooperatewithanyefforts requiredto renderthisSettlement
Agreement enforceable and executory anywhere and everywhere in Canada. Nothing in this Section
shall preclude any Party trom using this Settlement Agreemeirt, the Orders, or any act pertbnned or
documentexecutedpursuanlthereto ina proceedingto consummate, monitororenforcethisScttlement
Agreement ortheterms ofthe Settlement orthe Orders.

B. Nature of Settlement Discussions. Whether the Effective Date does or does not occur.
this Settlement Agreement, all discussions, negotiations and papers related to it. andany proceedings in
connection with the Settlement are not and shall not be construed äs evidence of an admission or
concession of wrongdoing or liability by Red Bull or any other Released Party äs to any Claim or
allegationassertedintheAction.ThePartiesagreethatthetermsofthisSettleinentAgreeme.it werenot
basedsolely on the amount ofconsideration to bepaid, but were based on: (i) vigorous arm-s-length
neeotiations betvveen counsel for the Parties; (ii) the assessment of the signatories to this Settlemcnl
Agreement ofthe strengths and weaknesses ofthe Claims, äsasserted in Ihe Action. based on the
various Claims asserted or which could beasserted; and(iii) theexpense andrisks ofongoing litigation.
Moreover. the amount ofDamages (hat Plaintiffcould prove is a matter ofserious and genuine dispute.
andtheterms ofthe Settlement donotconstitute a finding,admissionorconcession withrespecttothe
measureofDamagesthatcouldbeprovedattrial.Atall timesduringthecourseofthisliligation, Red
Bull has denied and continues to deny any liability or wrongdoing to Plaintiffand the Settlement Class.

2444t!0?
DocuSign Envelope ID: 298B9FF2^CB40-4526^A9A7^CA2983B6DA11

27

andhasdeniedandcontinues todeny(hatPlaintiffor anyonewithintheSettlement Classweredamaged

b.v any alleged wrongful conduct. or that, even if damaged. any compensable damages could be
measured or recovered. The Parties agree that, to the füllest extent permitted by law, neither this
Settlement Agreement nor the fact of the Settlement, nor any act performed nor document executed
pursuant to or in furtherance ofthis Settlement Agreement or the Settlement, is or may bedeemed to be
or may beusedäsanadmission of, orevidence of: (l) the validity ofany claim ofany Settlement Class
Member, or(2)anywrongdoing,fault,omission,orliabilityofRedBull inanyproceedinginanycourt,
administrative agencyor other tribunal.

c.
Annexes.All oftheAnnexestothisSettlementAgreement arematerial andintegral parts
hereof.

D. ßulyAuthorized.Theundersignedsignatoriesrepresentthattheyarefullyauthorizedto
executeandenterintoIhetermsandconditionsofthisSettlementAgreeinentonbehalfofthe respective
persons orentitiesförwhomtheyhavesignedthis Settlement Agreement.

E. Entire Agreement. ThisSettlement Agreement containstheentire agreement amongthe

Parties hereto and supersedes any prior agreements or understandings betvveen them. All terms ofthis
Settlement Agreement arecontractual andnotmererecitals andshall beconstrued äsifdraftedbyall
Parties.All provisionsofthisSettlementAgreementareandshall bebindinguponeachofthe Parties
hereto, theiragents. attorneys, employees, successors andassigns,anduponall otherpersons claiming
any .nterest in the subject matter hereto through any ofthe Parties hereto. including Plaintiffand any
Settlement Class Member(including without limitation Objectors).

F. Amendments. This Settlement Agreement may be amended or modified only by a

wntlen Instrument signed by or on behalfofall affected Parties or their successors-in-interest.

2444liiJ.i
DocuSign Envelope ID:298B9FF2-CB40-4526-A9A7-CA2983B6DA11

28

G. Counterparts. This Settlement Agreement may be executed in one or more

counterparts. All executed counterparts and each ofthem shall be deemed to be one and thc same
Instrument. Counsel for the Parties (including without limitation Plaintiffs Class Counsel) to this
SettlementAgreementshallexchangeamongthemselvescopiesoftheoriginalsignedcounterparts,and
jointly file a complete setoforiginalsignedcounterpartswiththeCourt.

H. Jurisdiction. The Parties submit to thejurisdiction ofthe Court, and agrce (hat the Court
shall have exclusive and continuing jurisdiction over the Parties for all purposes relating to the
implementation. effectuation. interpretation, administration. monitoring and enforcement öl this
Seltlement Agreement andall provisions thereofwithrespect to all Partieshereto and all beneficiaries
hereof, including Plaintiff, Plaintiffs ClassCounsel, Red Bull, Settlement Class Members and Released
Parties. Any and all disputes. requests or petitions regarding or arising out of the enforcement.
construction. administration or interpretation of this Settlement Agreement, any provisions of this
Settlement AgreementortheOrders(oranyotherorderoftheCourt), inustbemade, ifatall. bymotion
to the Court, which shall apply the lawsofthe Province ofQuebec.

l. French Language. A French Version of this Settlement Agreement will be made

availableandboththe Frenchandthe Englishversionswill havelegal Standing;however, in theevcntof
any discrepancy between the French and English versions ofthis Settlement Agreement, the English
version shall predominate.

J. Civil Code. The Parties acknowledge that this Settleinent Agreement constitutes a

transaction within the meaning öl-article 2631 Quebec Civil Cock. and the Settlement Class Members
waiveany recourse for annulmentofthis Settlement in caseofmistake offactor law. anyerrorsof

:444003
DocuSign Envelope ID:298B9FF2-CB40-'I526-A9A7-CA2983B6DA11

29

calculationandanyaggravationofanyandalldamagesofanynaturewhatsoeverinconnectionwithany
Released Claims.

IREMAINDEROFPAGE ISINTENTIONALLY BLANK]

2 44-1 (il ),^

DocuSign Envelope ID: 298B9FF2-CS40-4526-A9M-CA2983B6DA1l

30

DATED: ,luly 18 2019

Michael Attar
Representative Plaintif!'

LPC AVOCAT INC

Me Jocy Zukran. Pela s Class Counsel

RED BULL CANADA LTD.

Oocalgned by:

t2:tietAA. kiterdwAlo
Tatiana Kharch E 7310FAFC73.1A)
r—DocuSogrottl by:

Kei th Deg race —ec,4:-.9t*4.+4449F

RED BUIeL .VIBH

UG
e/eeivii
DAVIES WA
VINEBERG

Me Nick odrigo
Attorneys for Red Bull Can lui. and
Red Bull GMBH

WLINGS WLG

Me Paule Flame in
Attorneys for Red Bull Canada Ltd, and
Red Bull GMBH

244401)3
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

31

Annex l

Form of Pre-Approval Settlement Notice

PRE-APPROVALNÖTIGE

Red Bull Energy Drink Settlement Program in Canada

NÖTIGEOF COURT HEARING ON [INSERT DATE) CONCERNING THE

APPROVALOF A CLASSACTIONSETTLEMENTAGREEMENTIN THE CASEOF
ATTARv. RED BULL
QUEBEC SUPERIOR COURT 500-06-000780-169

PLEASE READ THIS NÖTIGECAREFULLY AS IT MAY AFFECT YOUR LEGAL

RIGHTS

THE SETTLEMENT CLASS:

"p,'opos.f!d. settle"1e"t has been reached with respect to the class action commenced by Michael Attar
(.. PlaintjfF')against Red BullCanada Ltd. and Red Bull GmbH (collectively referred to äs"Red Bull")
betöre tlwSuperior Court of Quebec for the judicial district of Montreal (the "Court") under docket
"JJ mber, 500',()6-ooc>780-169 (the "Action") on behalfofthe Settlement Class defined'in the parties'
[DATE] Settlement Agreement äs:

All legal andnaturalpersons(excluding minors, deflned äs natural persons under 18 years of

age äs of [NÖTIGEAPPROVAL DATE]) vvho were residents of Canada (including'without
11lta °" a"v_ot its provinces and territories) at any time between January l, 2007 until .
[NÖTIGE APPROVAL DATE] (the "Class Period") and ivho purchased and/or used or
consumed one or more Red Bull caffeinated energy dn'nks ("CEDs") in Canada during the
Class Period. excluding^ the^Released Parties (which for informational purposes onTy is
generally comprised of Red Bull and its affiliates, employees, contractors, anci other related
parties).

Ifyou would like to exclude yourselffrom the class action, then you must timely and validly request
exclusion (i. e. "opt out") äs described in this Notice.

SUMMARY:

Plaintiff^aljeges (hat Red Bull used or published certain labelling and advertising material that
contained false or misleading införmation and failed to inform or disclose the alleged health risks
associatedwithconsuming Red Bull CEDs Red Bull completely denies any and alFwrongdoing or
liability. ^ Plaintiffand Red Bull negotiated and ultimately agreed to the proposed settlement after
counsel for all parties extensively evaluated the facts and law relating to this case, and took into

2444(;fiJ
DocuSignEnvelope ID:298B9FF2-CB40-4526-A9A7-CA2983B6DA11

32

account a varietv offactors such äs the burdens and expense ot'the lawsuit, and the risk and uncertainty
oflitigation.

Members ofthe Settlement Class whodo not opt out may qualify t'or compensation under the proposed
settlement.

Although Red Bull denies any wrongdoing or liability, to avoid the distraction oflitigation. Red Bull
hasvoluntarily amended and updated its marketing and labeling directed at Canadianconsumers and
agreed to settle the Action.

Plaintiffand Class Counsel believe that the settlement is in the best interest ofthe Settlement Class.

As part ofthe settlement process, the Class Action will be authorized by Ihe Court for settlement
purposes only.

The settlement is ultimately subject to the Court's approval. Compensation will only be issued
if theCourt grants finalapproval to the Settlement and after thetime for appeals hascntlctl and
any appeals are resolved. Please be patient.

WHAT THE SETTLEMENT PROV1DES:

Red Bull hasagreedto paythetotal amountof$850,000(the .. Settlement Fund")to seltle the Action. If
the proposed settlement is approved, the Settlement Fund will be used to: (a) compensate Settleinenl
Class Members who timely submit valid Claim Forms; (b) pay all costs and expenses related to thc
settlement including without limitation the costs of the Claims Administrator (äs defined in the
Settlement Agreement) and Plaintiffs Class Counsel's fees (not to e.xceed $250000 plus app^icable
taxes, plus Uass Counsel costs and disbursements not to exceed $15. 000 (subject to the Court's
approval); and (c) pay the Plaintiffan honorarium of$5. 000 (subject to the Court's approval).
Onlv Settlement Class Members mav gualifv to receive compensation under the Broposed setllement äs
described in thisNotice.

HOWTO QUALIFYFOR COMPENSAT10N:

Settlement Class Members will be able to submit Claims for compensation tbr a period ofthirty (30)
calendar days (the "Claims Period") until the Claim Form Due Date (lo be detennined by the Court)
To participate, you must sign up to receive notice of the Claims Period by submittingyour e-mail
address on the Settlement Web Site litti»s://wwn.ciierev(lrinksuttlcjnM)l^i by no later than the 5:00
PM Eastern on . [EMAILDUE DATE]. The Claims Administrator will send an e-mail to the e-mail
address you provide alerting you that the Claims Period is open and advising you öl'the Claim Form
Due Date.

To qualify for compensation, a Settlement Class Member will be required to: (a) within the Cia ms
Period, submit a valid and complete Claim Form, attesting under penalty of perjury vvhere and when
he/she purchased and/or used or consumed such Red Bull CEDs in Canada betweenJanuaryl. 2007
and . [NÖTIGEAPPROVAL DATE]. Each Settlement Class Member may submit only one (l) Claim

;4..14(Hi-1
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

33

Form. Each Settlement Class Member who timely submits a valid Claim Form will receive payment
f'rom the Claims Administrator appointed by the Court ofan equa] amount up to a maximum of $10.00
per Settlement Class Member regardless of the number of Red Bull CEDs purchased and/or used or
consumed by such Settlement Class Member. Under the terms ofthe settlement, certain conditions may
lead to Settlement Class Members with valid Claims receiving less than this amount. For example, the
compensation available to Settlement Class Members will be reduced proportionately among all
Settlement Class Members with valid Claims if the total amount of eligible Claims exceeds the
Settlement Fund minus the costs and expenses ofthe settlement described in the Settlement Agreement,
and summarized in (b) and (c)above.

In order to receive any compensation from the settlement, a Settlement Class Member must have a valid
e-mail address and a bank account capable ofreceiving payments via Interac e-transfer, äs e-transfer is
the only method through which compensation will be sent. Compensation can only be collected for a
period of'thirty (30) days alter the e-transfer is sent.

SETTLEMENT APPROVAL:
Approval
A motion to approve the settlement will be heard by the Court on *, 2019 at . pm in room ..

Ifthe proposed seltlement is approved, it will be binding on the Settlement Class except those who
timely and properly opt out. Unless you opt out from the settlement, you will lose any right to sue in
relation to the Released Claims, äs described in the Settlement Agreement. Settlement Class Members
who do not opt out will be subject to the releases in the Settlement Agreement regardless ofwhether or
not they submit a Claim Form or ultimately receiveany compensation from the settlement.

Class Members have the right to seek intervenor status in the class action, and no class member other
than the representative plaintiffor an intervenor may be required to pay legal costs arisingfrom the class
action.

OFT GUTS AND OBJECTIONS:

OptOut
Il you do nol wish to be part ofthe Class Action and boiind by the Settlement Agreement, you may opt
out ol'the Settlement Class by 5pm Eastern on *, 2019 (the "Opt Out Period") by informing the clerk
of the Court ofyour choice to opt out. Any attempt to opt out after this time will not be valid. Ifyou opt
out ofthe class action, you will not be eligible to receive any compensation from the settlement but you
will relain the right to sue on an individual basis in relation to the Released Claims. Your signed
request ofexclusion must contain all ofthe following information:

l. Tlie name and Court docket nuinber ofthis case, which is: Altar vs. Red Bull Canada Ltd. et ai.
(500-06-000780-169);

2. Your name. address. phone nuinber(s) and email address; and

3. Specific confirmation (hat voll wish to exclude yourself(opt out) ofthe Class Aclion againsl Red
Bull and the Red Bull Sellleinenl Agreemenl.

2444!)i. i?
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA298386DA11

34

The request t'or exclusion (opt out) must be sent by mail to the Court at the following address:

TOL Greffe de la Cour superieure du Quebec

PALAIS DE JUSTICE DE
MONTREAL
l Notre-Dame Street East
Room2. 120
Montreal (Quebec) H2Y l B5

If you do not timely and properly opt out of the class action within the Opt Out Period, you will
irrevocably be bound by all the terms and conditions of the Setllement Agreeinent in the event it is
approved by the Court.

Objections
So long äs you do not opt out, you may object to the settlement by explaining to the Court thal you
think the proposed settlement terms are unfair. Those vvho object to the settlement will remain part of
the Settlement Class and will lose any right to sue in relation to the Released Claims.

]f you vvish to object to the proposed settlement, you must send a vvritten notice of objeclion to the
Claims Administrator at the follovving e-mail address . [CLAIMS ADMIN EMAIL] by no later Ihan 5
pm Eastern on *, 2019. Any attempt to object after this time ivill not be valid. Your vvritten objection
should include: (a) your name, address, e-mail address and telephone number; (b) a briel Statement öl
the reasons for your objection; and (c) ivhether you plan to attend the hearing in person or (hrough a
lawyer, and ifby lawyer, the name, address, e-mail address and telephone iiumber ofthe lavvyer.

Settlement Class Members who do not oppose the proposed settlement need nol appear at the
settlement approva] hearing or take any other action at this time.

FURTHER INFORMATION:

A complete copy of the Settlement Agreement, and detailed infonnation on hovv to obtain or file a
Claim Form are available on the following Settlement Web Site
https:/Avwu. energvdrinksettlemeiit. c^.

The law firm representing the Plaintiffand the Settlement Class is the folloiving;

Joey Zukran
LPC Avocat Inc.
5800 blvd. Cavendish, Suite 4l l
Cöte St-Luc, Quebec, H4W 2T5
Phone: 514. 379. 1572
Fax: 514. 221. 4441
E-mail: JZUK. RAN@LPCLEX. COM

244400. "!
DocuSign Envelope ID. 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

35

The lawfirm representing Red Bull isthe fbllovving:

Nick Rodrigo
Davies Ward Phillips & Vineberg LLP
1501 McGill College Avenue
Montreal, Quebec, H3A 3N9
Fax: 5 14. 841. 6499
E-mail: nroilriao(«. dwriv. com

TheClaims Administrator is: [TO BE1NSERTEDONCEAPPOINTEDBYTHECOURT]

RED"BULL_!S_NOTRESPONS1BLEFOR THE ADMINISTRATIONOF THE SETTLEMENT
OR. THE. MSTRIBUTION OF THE SETTLEMENT FUND. PLEASE CONTACT"CLASS
COUNSEL ORTHE CLAIMS ADMINISTRATOR - NOT TUE COURT'OR RED BULL^
COUNSEL - FOR FURTHER INFORMATION.

Ifthere^is a conflict betvveen^the provisions ofthis Notice andthe Settlement Agreement, theterms of
Settlement Agreement will prevail.

This notice has been approved by the Court.

There will be no further notice in the newspapers ofthis settlement.

:4-!-kft^
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

36

Annex1A

Form ofShort Form Pre-Approval Settlement Notice

ENERGY DRINK SETTLEMENT PROGRAM
NÖTIGEOF SETTLEMENT APPROVAL HEARING
Superior Court ofQuebec File #500-06-000780-169
A proposed Canada-wide settlement (the "Settlement") has been reached with respect to a class action
lawsuit commenced against Red Bull Canada Ltd. and Red Bull GmbH (collectively, "Red Bull"). The
lawsuit concerns Red Bull's advertising. labeling. and marketing materials regarding the benetits and
safetyofRed Bull caffeinatedenergydrinks("CEDs"). RedBull deniesanywrongdoingor liability. If
an Settlement Class Member (defined belowl. vou mav tiualifv for comnensation under
the Settlement. The Court will have a hearing on (DATE) to decide whether to approve the Settlement
before any money is paid.
Am I a Settlement Class Member? You are a Settlement Class Member if you are 18 years of age or
olderäsof[NÖTIGEAPPROVALDATE] andwerea residentofCanada(including without limitation
any of its provinces or territories) at any time between January l, 2007 to [NÖTIGEAPPRC)VAL
DATE] (the"Class Period") andyou purchased and/orusedorconsumed oneor more Red Bull CEDs in
Canada during the Class Period, unless you exercised your right to opt out of the class actian or are
amongtheReleased Parties(which forinformational purposesonly isgenerally comprised ofRed Bull.
and its af'filiates, employees, contractors, and other related parties),
What Does the Settlement Provide? If the Settlement is approved, Red Bull agrees to pay the total
amount of $850,000 (the "Settlement Fund") to be used to (a) compensate Settlement Class Members
whosubmittimely and valid Claim Forms available at Y^T^U£I^.'-drinksclllemcnl. ^, (b) pay all costs
andexpenses relatedto the Settlement including without limitation Ihecosts of Publishingnotices. the
Claims Administrator andClassCounsel-s fees (the latter not to exceed $250,000 plus applicable taxes.
subject to the Court's approval), plus a maximum of$15, 000 in Class Counsel disbursements, and (c)
paythePlaintiffanhonorarium (nottoexceed$5, 000.subjecltotheCourfsapproval). Settlement Class
Members who submit a valid and timely Claim Form may receive compensation (in the form ot an
Interac e-Transfer) of'up to $10 per Settlement Class Member. Under the terms ofthc settlement. certain
conditions may leadto Settlement CIassMembers with valid Claims receiving lessthan this amount For
example, the'compensation available will be reduced proportionately ainong all Setllement Class
Members with valid Claims ifthe total amount ofeligible Claims exceeds the Scttlement Fund minus the
costs and expenses ofthe settlement. In order to receive compensation from the Settlement, Settlement
Class Members must have a valid e-mail address and a bank account capable of'receiving paymcnts via
Interac e-Transfer. Although Red Bull denies any wrongdoing or liability. lo avoid the distraction of
litigation, Red Bull has voluntarily amended and updated its marketing and labeling directed at
Canadian consumers and agreed to settle the lawsuit.

24440')^
DocuSign Envelope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

37

What Are My Options? Ifyou are a Settlement CIass Member and you do nothing, you will remain in
the^Settlement Class. You may make a Claim for compensation ifthe Settlement is approved andyou
will loseanyrighttosueinrelationtothereleasedClaimsdescribed intheSettlementAgreement.
HowDoI Claim Compensation? Ifyouarea Settlement ClassMember, to askforcompensation, you
must:

(l) provide your e-mail address at ".^'_en^rü. c[nnksellle]rifc^_Lca. by 5 pm Eastern on fEMAIL DUE
DATE] and

(2)complete andsubmitanonlineClaimFormbytheClaim FormDueDate(tobedetermined) attesting

to its contents under penalty ofperjury.

Ifyoudonotwishtoparticipate intheSettlement, youmayoptoutby5 pm Easternon[DATE],oryou

may stay in the Settlement CIass and object to the Settlement by 5 pm Eastern on [DATE],' in
accordancevvith the proceduresdescribed inthe Pre-Approval Notice.
Who Should I Contact for Information? For more information about the Settlement. visit
^,yl lv^w ! "lclllcm-" or c°"tact lhe C'aims Administrator (CLAIMS ADMIN PHONE #) or

ClassCounsel:MtreJoeyZukran,[.PCAvocatInc.(514-379-1572,JZUKRAN@LPCLEX.COM).
This isonly a summa ,-y notice. You mayvicw thecomplete Pre-Approval Noticeand Settlcment
Agreement ;lt M\vvv. fiicr!;v<lrinkscttleiiicnt.ca.

244-;iit)^
DocuSign Envelope ID: 298B9FF2-CB40^4526-A9A7-CA2983B6DA11

38

Annex 2

Form of Final Settlement Notice

FINAL SETTLEMENT APPROVAL NÖTIGE

Energy Drink Settlcment Program in Canacla

SuperiorCourt ofQuebec File#500-06-000780-169
NÖTIGEOF TUE APPROVAL OF A CLASSACTION SETTLEMENT AGREEMENT

PLEASEREADTHIS NÖTIGECAREFULLYAS IT MAY AFFECTYOUR LEGAL

RIGHTS

THE SETTLEMENT CLASS;

A settlement has been reached with respect to the class action commenced against Red Bull Canada
Ltd.and Red Bull GmbH (collectively referred to äs"Red Bull") by a consumer("PlaintifT') beforethe
Superior Court ofQuebec'under docket number 500-06-000780-169 on behalfofthe Setllement Class
defined in the parties' [DATE] Settlement Agreement äs:

All legal andnatural persons(excludingminors, definedäspersonsunder 18yearsofageäs

of[NÖTIGEAPPROVAL DATE]) who were residents ofCanada (including without
limitation any of its provinces andterritories) atany time behveen January l. 2007 until .
[NÖTIGEAPPROVALDATE] (the-ClassPeriod")andwhopurchasedand/orusedor
consumed one or more Red Bull caffeinatedenergy drinks ("CEDs") in Canadaduringthe
Class Period, excluding the Released Parties (which for infonnational purposes only is
generallycomprised ofRedBull anditsaffiliates,employees, contractors, andother related
parties).

SUMMARY:

Plaintiff alleged that Red Bull used or published certain labelling and advertising material that
contained false or misleading information and failed to inform or disclose the alleged health risks
associated with consuming Red Bull CEDs. Red Bull completely denies any and all wrongdoing or
liabiiity. Plaintiffand RedBull negotiated andultimately agreedtothesettlement aftercounsel l'orall
parties extensively evaluated the tacts and lawrelating to this case. and took into account a variety of
factors such ästhe burdens and expense ofthe lawsuit, and the risk and uncertainty oflitigation.

Members of the Settlement Class, excluding those who opt out, may qualify for compensation under
the settlement.

HOW TO QUALIFY FOR COMPENSATION:

2444003
DocuSign Envetope ID:298B9FF2^CB40-4526-A9A7-CA2983B6DA11

39

'^q^!lfor TOTPensatlon^ settlement class Member is required to: (a) sign and solemnly declare
^penalty of per.WJhat he/she_purchased and/or used or consumed'R~eS"Bull"CEDs'i'n Can'ada
,

tet^lj ";u^ , l;-200La"d. [NOTICE'APPRO^ALU DATE^^"^ ^'^"bmi^ ma^

wm£lclajm"Form- . Penalty_of PerJury ^here^nd~'approx'imateTyL w'hen"hue/as'te
attes"ng uncler
PKUl^^d m^used OTronsumed s"uchRed'BU"ICEDS ." Canada"'betw'ee"n"Jan"u^yl',"2'00'7c'andc
^OT^rw ROVALD^E]\Eachsettlement class Membe,. may'sub, ^tonLy^l^ cia^Fo^
Eachsett'e.me'. ^c'"S. Member whoti"^lysubmits a valid Clai,^Formwi;]"receive''an;eauua'l"a, T'un't
u.p.l°. a_maxlmum of$!0'00 Persettle"'ent CIassMember regardless ofthe number ofRedBi'ill'CED's
,

p". rch. 'ls.ed a"d/o. useci.. consumed. by such Settlement Class-Member. "Under"thrt "ermToTt^
r or

set!'ement'_certain conditions "1aylead Settlement Class Menibers"wTth'val'id"claims r^ei'v3 in'g' le's^

to

a.nount. For example^the compensation available to Settlement Class Members'wTll"be

.

rcd"u^ecl .prTrt'onate]y. amonga" Settlement ClassMembers with valid"claim's"if''th'eto't'a7am^m "ocf

e^'b'.e. dalms. ex>:eedsthesettlemel" Fundminusthecost^and'expens~es"of"the"sett'leme17d'e^n'beud
in the Settlement Agreement, and summarized in (b) and (c) above.

In,OJde'"to"rec,e'vea"y ,comPensat'°" fr°m the settlement, a Settlement Class Member must have a
va"d.e:ma'', addressmelhod
and a .bankaccountcaPableofreceiving'payments vi7[ntera'c"e-tran"sfer'."a7ea
tra, n!feL's."the_only. through wh'ch'compensation wTlI'be'sent Compeni sationl ^n"onry be
. °

collected for a period ofthirty (30) days after the e'-transfer is sent.'

IMPORTANTDATES- WHENTO MAKE A CLAIM:

^^p^^^^^^^e^MclassMember mustcon1P'eteo"dsubmit a
^I^R^^EIDj;^^ww-e"ergydrink"tt'ement:ca'T"c;"later'^^c;;M'^=1^
FURTHER INFORMATION:

^"comp'ele. copy oftl1e settlem.e"t Agreement, and detailed information on howto obtain or file a
^m»..,.., !°^....... ;lre. £?""lable- fo"°wing'""'"SettlementL uu^t, "^
"1

the °"

i://vvww. energydrinksettlement. ca.

^,

The lawf-ir.n representing the PlaintiffandtheSettlement Class isthefollowin.

Joey Zukran
LPC Avocat Inc.
5800 blvd. Cavendish. Suite 4l l
Cöte St-Luc, Quebec. H4W 2T5
Phone: 514. 379. 1572
Fax: 514. 221. 4441
E-mail: JZUKRAN@LPCLEX.COM
'he law firm representing Red Bull is the followins:

Nick Rodrigo
DaviesWard Phillips & VinebcrgLLP

2^441.
DocuSign Enuelope ID:298B9FF2^CB40-4526-A9A7-CA2983B6DA11

40

1501 McGill College Avenue

Montreal, Quebec, H3A 3N9
Fax: 514. 841. 6499
E-mail: nrodriiio'advvpv. coiH

The Claims Administrator is; [TO BE INSERTED ONCE APPOINTED BY THE COURT]
RED BULL IS NOT RESPONSIBLE FOR THE ADMINISTRATION OF THESETTLEMENT
OR"THE"DisTRlBUTION OF TUE SETTLEMENT FUND. PLEASE CONTACT ^CLASS
COUNSEL"6R"THE CLAIMS ADMINISTRATOR - NOT THE COURT OR RED BULL'S
COUNSEL - FOR FURTHER INFORMATION.

Ifthere is a conflict between the provisions ofthis Notice and the Settlement Agreement, the terms of
the Settlement Agreement will prevail.
This notice has been approved by thc Superior Court of Quebec.

'44400:'
DocuSign Envetope ID: 298B9FF2-CB40-4526-A9A7-CA2983B6DA11

4l

Annex 3

Claim Form

Encrgy Drink Settlement Program in Canada

1NSTRUCTIONS - TERMS AND CONDITIONS

PLEASE READ TESE TERMS AND CONDFTIONS CAREFULLY TO DETERMINE IF

YOU QUALIFYUNDERTHISSETTLEMENTPROGRAM.

WHO IS ELIGIBLE TO MAKE A CLAIM

l. Settlement Class Members, defined äs:all legal and natural persons (excluding minors, defined
äs persons under 18 years ofage äs of [NÖTIGEAPPROVAL DATE]) whowere residents of
Canada (including withoutlimitation any of its provinces and territories) at any time between
January l, 2007and . [NÖTIGEAPPROVAL DATE] (the"CIassPeriod") andwho purchased,
and/or used or consumed one or more Red Bull caffeinated energy drinks ("CEDs") in Canada
during the Class Pcriod, except for those specifically excluded (listed below).
2. Specificallyexcluded from the definition ofSettlement Class Members are:

a) all persons who timely and validly request exclusion (opt out) from the class action
settlement. and

b) Released Parties(äsdefined in the Settlement Agreement)

HOW TO MAKE A CLAIM

l. To qualify to receive compensation, you must:

a) meet the definition of Settlement Class Member äs set forth above: AND

b) have submitted a valid e-mail address on the website \Y^v_energ^drinkscttleinciit. ca

5:00 PM Eastern on . [EMAILDUE DATE]; AND

c) fully complete and submit this Claim Form on the website

'^^CTCiX^^lkM -'tl lerne iiLca, along with any required documentation, in compliance
with the instructions belovv.

2. The Claim Form must be signed by you (either electronically or in writing) under penalty of
perjury affirming that you are a Settlement Class Member and that the Information provfded
(herein is true and accurate.

3. The Claim Form must be submitted äs described above no later than 5:00 PM Eastern on .
[CLAIM FORM DUE DATE]. Ifyou are a Settlement Class Member andyou do not^timely

;4-)-10(i:i
DocuSign Envelope ID: 298B9FF2-CB40-4526^A9A7-CA2983B6DA11

42

submit a valid Claim Form in accordance with these instructions, you will not be eligible to
receive compensation and you will remain subject to the releases in the Settlement Agreement.
4. Each Settlement Class Member may submit only one (l) Claim Form for all purchases of Red
Bull CEDs between January l. 2007 and . [DATE OFNOTICE APPROVALORDER].

5. ThemaximumcompensationavailabletoSeltlementClassMembersunderthesettlement isSIO
regardlessofthe amount ofCEDspurchased and/orusedor consumed duringtheClass Period.
Under the terms ofthe settlement, certain conditions may lead to Settlcment Class Members
with valid Claims receiving less than this amount. For example, the compensation available will
be reduced proportionately among all Settlement Class Members vvith valid Claims ifthe total
amount of eligible Claims exceeds the Settlement Fund minus the costs and expenses of the
settlement.

6. Duplicate, invalid, illegible, or incomplete Claim Forms will not behonoured.

7. Keep copies for your records.

8. Lost, late, or misdirected Claim Forms are not the responsibility of Red Bull or the Claims
Administrator and will be invalidated.

9. Compensation can only be sent to a valid e-mail address via Interac e-transfer. You must have
a bank account capable of receiving an Interac e-transfer to collect any compensation.
Compensation canonly becollected for a period ofthirty (30) days after the Interac e-Transfer
is sent to the e-mail address you provide.

RED BULL IS NOT RESPONSIBLEFOR THE ADMINISTRATIONOF THE SETTLEMENT

OR TUE DISTRIBUTION OF THE SETTLEMENT FUND. PLEASE CONTACT CLASS
COUNSEL OR TUE CLAIMS ADMINISTRATOR - NOT THE COURT OR RED BULL'S
COUNSEL - FOR FURTHER INFORMATION.

2444(Ki3
DocuSignEnrelopeID:298B9FF2-CB40-4526^A9A7-CA2983B6DA11

43

CLAIM FORM

ENERGYDRINKSETTLEMENT PROGRAM INCANADA

IFho/f^k^om"p.c."s,atron. '"_thea,buve-.describeclSettlement Program,pleaseprovideallof
^^l^^^mat^fa'"^w^^;dai^^l^^sp '^s^^^
<^, '^mldcd. wrespo"se. toyourclaimwi""t>e'^'v^I^^ue^nS'^T
^1a^^^^omf
final
approval ofthe
ns!Monwm'°^^.^b^8^, 1^^^^^
settlement:pending anyappeais ': pie ase"be*'^ti7nt.
l"c ''""" sr

Address:

_Cili

Province:

fpstal Code:

Phone number:

E-mail:

Location where RED BULL

CEDs vvere purchased
and or used or consumed:

Approx. DateofRED
BULL purchase(s) and/oi
use or consumption
(MM/YYYY):

Acknowledgement and Certification:

S=S^:S;srS=^-h=^=«S
^^::^ä^^ ^^'^^s^^ ^:s
InT pre;ie"n"yl, !{2'ea.rs-ofage
' older and

s;ä^ssi=£^i?i^
or was a canadian r"ident during the Class Period

"DATE] at the, location(s) cited above. l funherstateund'ei:"pena'l't'^f:De'rHl

(hatthe information provided above istnie. 'com'plete and"a'c'^ra^re U"UCI pcni"Iy " perjl"'y
2. l. ; 41. )0^
DocuSignEn»elopeID:298B9FF2-CB40-4526-A9A7-CA2983B6DA11
44

Date:

Type FüllName in lieu of Signature;

IfyouhaveanyqucstionswhilecoinplctingtheClaimFormpleasecontacttheClaims
Administrator at:

[TOBE1NSERTEDONCEAPP01NTEDBYTHECOURT]
NOT RESPONSIBLE FOR THE ADMINISTRATION^ OF ^THE
^TDTLBU^N^O^OTHER^m^lIONruOF T'^S^TLEMEN^UNa^E^^
^ON'TAIcTcLASlS COUNSEL'örTHE ADMINISTRATOR
CLAIMS - NOT THE

'COVW'ORRED"BULL'SCOUNSEL- FORFURTHERINFORMATION.

;444t)l)?
DocuSign Enuetope ID:298B9FF2-CB40-4526^A9A7-CA2983B6DA11

45

Annex 4

Photograph

2. (44f)(;.;