Sweepstakes Official Rules


1. Eligibility: The Sprouts Holiday Cheers 2019 (“Sweepstakes”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors, and officers, and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of the sponsor, Health-Ade LLC (“Health-Ade” or “Sponsor”), its subsidiaries, affiliates, suppliers, consultants, legal counsel, advertising and promotional, and marketing agencies, and any others engaged in the development or distribution of this Sweepstakes are not eligible to enter or win. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Sweepstakes (“Official Rules”). All federal, state, municipal, and local laws and regulations apply. Sponsor reserves the right to verify all eligibility qualifications. Void where prohibited by law.

2. Entry Period: The Sweepstakes begins at 12:00am Pacific Time (“PT”) on 12/1/19 and ends at 11:59pm PT on 12/30/19 (“Entry Period”). Entries must be submitted during the Entry Period to be eligible for the Sweepstakes.

3. How to Enter: There is one method of entry for this Sweepstakes:

(a) INSTAGRAM: During the Entry Period, log into your Instagram account (or create a free account if you do not already have one), and visit the Health-Ade Instagram page at https://www.instagram.com/healthade/ (also the “Website”) or access the Website through the Instagram App on your mobile device. Then “FOLLOW” Sprouts on Instagram(@sprouts) and Health-Ade on Instagram (@HealthAde), post a picture of Health-Ade Kombucha Holiday Cheers on your Instagram page, tag @sprouts in caption, photo and location tag with the hashtag #SproutsHolidayCheers which will give you one entry into the Sweepstakes (also, an “Entry”). No entry limit per person/Instagram account via this entry method. Entry content will not be judged.

IMPORTANT: Message and data rates may apply if an entrant enters this Sweepstakes on his/her mobile device. Not all mobile telephone/wireless providers carry the service necessary to participate in this Sweepstakes. Entrants should consult their wireless provider’s pricing plans. Mobile entry is not required to enter or win a prize in this Sweepstakes.

4. Entry Conditions: No entry limit during the entire Entry Period 12/1/19-12/30/19. Entries must be received during the Entry Period to be eligible to win. Your Entry must include the Required Hashtags to be eligible. Entrants are providing their information to Sponsor and not to Instagram. The Sponsor’s computer is the official time keeping device for this Sweepstakes. Any attempt to submit more than the maximum number of Entries using multiple/different social media accounts, identities or any other methods may void that entrant’s Entry. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of Entry are valid other than those set forth above. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, is not in compliance with these Official Rules, including Entry requirements. By participating, entrants agree to these Official Rules, which are final and binding in all respects.

5. Entry Requirements: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish and use the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. Each Entry: (a) must comply with these Official Rules; (b) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (c) cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, or endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (f) cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (g) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (h) cannot depict, and cannot itself, be in violation of any law.

6. Winner Selection and Announcement: On or about 1/15/20, one potential winner will be randomly selected (“Drawing”) from among all eligible Entries received during the Entry Period. In the event that a potential winner is disqualified or unable to claim a Prize for any reason, Sponsor will award the applicable Prize to an alternate winner by random Drawing from among all remaining eligible Entries. Only three alternate Drawings will be held after which the Prize will remain un-awarded. The odds of winning a Prize in this Sweepstakes depend upon the number of eligible Entries received during the Entry Period.

7. Prizes and Approximate Retail Value (“ARV”): The following prizes (each a “Prize” and collectively, the “Prizes”) will be awarded to one winner: 1 Yeti cooler ($299 value) and $100 gift card to Sprouts. The total ARV of all Prizes awarded in this Sweepstakes is $399.

8. Prize Conditions: All values listed reflect the approximate retail value in U.S. dollars. All estimated values are subject to change based on, among other things, normal price fluctuations associated with the consumer marketplace. No cash or other substitution may be made, except by Sponsor, who may substitute a Prize of equal or greater value. Potential winners are subject to verification. Winner’s first name, last initial, hometown and state will be disclosed on Winner’s List which will be distributed upon request and as required by law. Any gift card awarded as a Prize is subject to the issuer’s terms and conditions. All federal, state and local taxes, and all other costs associated with acceptance or use of a Prize, are the sole responsibility of the winner, who may receive an IRS Form 1099 for the value of the Prize. A winner may waiver his/her right to receive a Prize. A Prize is non-transferable, non-exchangeable, and non-refundable, must be accepted by the winner as awarded, and will be awarded to the individual named entrant only. LIMIT ONE PRIZE PER ENTRANT.

9. Winner Notification and Conditions: Potential winners will be notified via Direct Message on Instagram (as applicable based on the method of entry) within three days after the Drawing. It is the winner’s responsibility to timely set account settings to accept contacts by Sponsor and to timely check their account for such messages. A potential winner may be required to demonstrate ownership of the relevant social media account and/or Entry, in Sponsor’s sole discretion. A potential Winner will be required to respond within three days from the date of the first notification attempt. Each potential winner (parent/legal guardian if winner is a minor in his/her state of residence) also may be required to sign and return to Sponsor, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited by law) and a valid W9 form (for prizes exceeding $600 in retail value) in order to claim his/her Prize and fulfill any other requirements as deemed necessary by Sponsor. If a potential winner fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release or W9 (when applicable), fails to respond to the notification in the time period specified, is found to be ineligible or otherwise not in compliance with these Official Rules, or the notification is returned as undeliverable, the prize may be forfeited and an alternate winner may be selected in Sponsor’s sole discretion. A potential winner is subject to verification, including verification of age. If a winner is a minor, the Prize will be awarded to the winner’s parent or legal guardian. If applicable, allow 2-3 weeks for delivery of the Prize following completion of notification and winner verification process. Prizes will only be delivered to addresses within the United States.

10. Conditions and Disclaimers: By entering the Sweepstakes, each entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) neither Sponsor nor any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies nor any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Sweepstakes, or the awarding, acceptance, use, misuse, possession, loss or misdirection of the Prize; (c) Sponsor is not responsible for any inability of a winner to accept the Prize for any reason; and (d) by entering the Sweepstakes, all entrants further agree that Sponsor has the sole right to decide all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Sweepstakes. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prize, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, including lost, late, misdirected or delayed Entries, posts, Tweets, comments or emails, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Sweepstakes.

Entries are void if unreadable, inaccurate, incomplete, irregular in any way, or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Sweepstakes, neither Sponsor nor any of its Affiliates are responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including attempts by entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of tampering, fraud, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select a winners from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Sweepstakes is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on its website. Inclusion in such drawing will be each entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor. In the event a question arises regarding a winner’s identity, the Entry will be deemed made by the authorized account holder of the social media account associated with the Entry. The authorized account holder is deemed to be the natural person who is assigned the particular social media account by the social media platform operator. Sponsor is not responsible for any change of social media account information, email address, mailing address and/or telephone number of entrants and it is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her social media account, e-mail address, mailing address and/or telephone number during the Entry Period.

Sponsor reserves the right, at any time and in its sole discretion, to disqualify or deem ineligible to participate in this Sweepstakes, any individual suspected of tampering with the entry process or the operation of the Sweepstakes; acting in violation of these Official Rules or Sponsor’s terms of service, privacy policy or other terms, conditions or guidelines; acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or violating these Official Rules. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of these Official Rules, as well as criminal and civil laws. Should Sponsor believe or become aware that such an attempt has been, is being, or will be made, Sponsor reserves the right to seek remedies and damages from any responsible entrant(s) and other responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation, criminal prosecution.


12. Miscellaneous:

(a) Entrant’s Personal Information: Information collected from entrants is subject to these Official Rules and the Sponsor’s privacy policy located at https://health-ade.com/pages/privacy-security; provided that, in the event of any conflict between these Official Rules and the Sponsor’s privacy policy, the terms and conditions of the Official Rules will prevail. Each entrant’s participation in this Sweepstakes constitutes acknowledgement of the Sponsor’s privacy policy and consent for Sponsor, its affiliates and group companies, and its representatives to use entrant’s personal information for the purpose of administering the Sweepstakes and awarding the Prizes and distributing advertising email communications. Entrants may choose to opt-out of future email notifications by clicking the link in the email and following the opt-out instructions. Opting in to specific offers does not improve an entrant’s chances of winning.

(b) Publicity Release: Except for residents of Tennessee and where prohibited by law, Winner grants and agrees to confirm this grant in writing if requested, to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.

(c) Applicable Law: The Sweepstakes, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of California without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of Los Angeles County, California. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

13. Winner’s Name: For the first name, last initial, hometown and state of the winner, mail in a self-addressed, first class-stamped envelope to: Health-Ade LLC, Attn: Sprouts Holiday Cheers Sweepstakes, 2012 Abalone Street Ste A, Torrance, CA 90501 by 12/30/19.

14. Sponsor: 2012 Abalone Street Ste A, Torrance, CA 90501.

15. Social Media Disclaimer: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook, Instagram or Twitter.