Kombucha | 12-Pack
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void in Quebec, and where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
ELIGIBILITY: The Banish x Cooluli x Health-Ade Feb 2021 Giveaway (“Promotion”) is offered in and open only to legal residents of the 50 United States & D.C. (“U.S.”) who are 18 years of age or older. Employees, officers and directors of Health-Ade, Inc. (“Sponsor”) and those individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion or any element thereof (collectively including Sponsor referred to herein as the “Promotion Entities”), and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter.
PROMOTION PERIOD: The Promotion begins on or about 12:00am Pacific Time (“PT”) on or about February 8th, 2021 and ends 11:59 pm PT on February 12th, 2021 (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s server’s time-keeping device shall be the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
By submitting an Entry, entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Promotion. In addition, entrants agree to receive advertising and promotional communications from Sponsor by granting consent with the method communicated at time of entry; you may opt out at any time without affect to your Entry.
HOW TO ENTER: During the Promotion Period, to enter click on the Promotion specific links advertised via various third-party platforms and/or sites and Sponsor related communications, or go to https://health-ade.com/pages/feb2021giveaway (the “Website”), provide all required contact information, fully respond in good-faith to each survey question, agree to be bound to these Official Rules, and submit (“Entry”). Limit one (1) Entry per person during the entire Promotion Period. Failure to follow all steps will void Entry.
ENTRY SPECIFICS: Entries must be complete, compliant, and submitted only via the method communicated, and must be received by Sponsor within the Promotion Period. Sponsor reserves the absolute right at any time to disavow any unauthorized third-party Promotional links and any entries submitted via such links will be invalidated and ineligible. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method, whether or not payment is exchanged), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use/benefit from any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed participations methods, or other dubious or questionable participation, as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting directly or indirectly from such methods. If an Entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected Entries (in whole or in part), and/or non-compliance. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for any equipment, computer, telephone, device, network, platform, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, website, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.
By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and unrelated third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
LICENSE GRANT: At the time you submit an Entry, and whether or not selected as the winner, by entering this Promotion and providing Sponsor with the Entry and all user generated content therein (“UGC”) if applicable, you grant Sponsor (its affiliates, related entities and authorized third-parties) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Entry/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such Entry/UGC information, and for any other purposes and/or uses whatsoever. You waive any moral rights you might have with respect to the Entry/UGC you provide us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or entry you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your Entry/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor. You will not now nor in the future be paid for your Entry/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Promotion.
REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible Entries, participation or any element thereof, will disqualify an Entry. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entries and/or entrants in whole or in part for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, ineligible or otherwise not compliant herewith, or granting a prize to any entrant will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services.
By submitting an Entry, entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their Entry submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote cruel, illegal, dangerous, harmful, or unsafe actions, nor contain, depict, condone, encourage or promote content that is (or may be construed as) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given entrant their express written consent to submission to this Promotion and the use contemplated. If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
DRAWING/WINNER SELECTION: There will be one potential Grand Prize winner who will be selected in a random drawing conducted at Audience Sherpa LLC in Denver, Colorado by Sponsor (or its authorized representative) on or about March 31st, 2021 following the end of the Promotion Period from among all eligible entries received during the Promotion. Sponsor or its authorized designee will notify the potential winner via email and/or phone (in Sponsor’s sole discretion). Canadian potential winner, if applicable, will be required to correctly respond, unaided to a four-part mathematical skill testing question before being confirmed as a winner.
Conditions Precedent to Prize Award: Potential winner and adult guest must follow all instructions and timely provide all necessary information and documents acceptable to Sponsor, or prize will be forfeited and awarded to an alternate potential winner. Required documents may, but without limitation, include:
However, on the basis of Sponsor’s determination (in its sole and absolute discretion), and regardless of whether or not the above valid documents are provided, if a potential winner still appears or is suspected of being incapable, too inexperienced, unwilling, legally constrained, or otherwise unsuitable for any reason of safely, legally, and properly completing the travel or any and all other prize-related activities, such individual will be disqualified, and the Grand Prize will be forfeited and awarded to an alternate potential winner, provided sufficient time exists to verify an alternate.
Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of entrant’s privacy or spam filter settings that may divert any potential winner notification or other Promotion related e-mail to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.
PRIZE(S)/ODDS. Fifty (50) Grand Prize: The Grand Prize Winners will receive the following (the “Grand Prize”): 1 free Banish Starter Kit @banishacnescars, approximate retail value (“ARA”) of the prize: $263.00. 1 free Cooluli Infinity 10-Liter Compact mini fridge @cooluli_usa skincare, approximate retail value of the prize: $79.00. 1 free case of 12-pack Health-Ade Plus Beauty Kombucha approximate retail value (“ARV”) of the prize: $52.00.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winners’ responsibility.
Grand Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.
Limit fifty (50) prize. Odds of winning depend on the number of eligible Entries received.
GENERAL RELEASE: Failure to timely return or properly complete Release Documents, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) will be selected. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND ANY SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES (INCLUDING BUT NOT LIMITED TO TRAVEL), ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
PUBLICITY RELEASE; INFORMATION SHARING: By entering and/or accepting a prize, entrants and winner(s) hereby consent, where lawful, and grant to Sponsor (and its authorized representatives, affiliates, and partners) the right to use their name, image, likeness, voice, hometown, email address, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials, and the right for Sponsor to share such information with its authorized representatives, affiliates, and partners), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.
If, for any reason, this Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, software, hardware, network or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed fair and equitable by Sponsor. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, these Official Rules (English version, if applicable) shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute this Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, talent death, illness, incapacity or unsuitability, cancellation or delay of any event or experience, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
WINNER’S LIST: For winner’s name, contact Sponsor by mailing a self-addressed, sufficiently U.S./Canadian postage stamped envelope to: Banish x Cooluli x Health-Ade Jan 2021 giveaway, Winner List Request, 2012 Abalone Ave. Ste A Torrance, CA 90501, Attn: Promotion Admin., for receipt by March 31, 2021. Limit one (1) request per person, or per household.
SPONSOR: Health-Ade (2012 Abalone Ave. Ste A Torrance, CA 90501)
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