Health-Ade – Get The Good Gut Feeling Giveaway – Win (the “Grand Prize”) Grand Prize

HEALTH-ADE GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. Void in Canada, and where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND
SPONSOR (DEFINED BELOW) 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 “Get the Good Gut Feeling” 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 LLC (“Sponsor”) and any individuals and entities
involved in the execution, preparation of materials and/or administration of this Promotion or any
element thereof (collectively, the “Promotion Entities”), and Sponsor’s and the Promotion Entities’
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 the Promotion. References to “Sponsor” in these rules, terms, and conditions
(“Official Rules”) includes any Promotion Entities.
PROMOTION PERIOD: The Promotion begins on or about 12:00am Pacific Time (“PT”) on or about
July 1,2022 and ends 11:59 pm PT on August 30, 2022 (“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; SPONSOR
DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
AGREEMENT BY ENTRANT: All Entries, entrants and participation in this Promotion shall be
governed by these Official Rules. By participating in the Promotion, each entrant fully and
unconditionally agrees to the fullest extent permitted by law to be bound to these Official Rules,
including binding arbitration, the Sponsor’s online Terms of Use and Privacy Policy and any
additional instructions, terms and conditions specific to the Promotion communicated by Sponsor.
Entrants further agree to be bound by the decisions of the Sponsor (including its authorized
representatives), which are final and binding in all matters pertaining to the Promotion.
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 the time of
entry; you may opt out advertising and promotional communications at any time without affect to
your Entry.
Information collected from entrants is subject to the Sponsor’s Privacy Policy. Sponsor may collect
personal information about entrants in connection with the operation of the Promotion, in accordance
with its Privacy Policy. Subject to applicable law, Sponsor its representatives or service providers
may use entrants’ personal information submitted with the Entry for purposes of prize fulfillment and
for future marketing by Sponsor, such as to notify entrant of a product or promotion that Sponsor
thinks may be of interest. Sponsor will not sell personal information submitted with the Entry, without
entrant’s permission.
 
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/sweeps goodgutfeeling (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 your 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, an 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 site (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. 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 publicity or comments that are
unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor and its community, Sponsor
reserves the right to disqualify the Entry/entrant and remove any such Entry. Sponsor assumes no
responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or
misdirected Entries (in whole or in part), and/or entrant’s non-compliance with these Official Rules. 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. A 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.
Sponsor assumes no responsibility for any equipment, computer, telephone, device, network,
platform, app, electronic, hardware or software malfunctions, failures, connections, or availability of
the Internet, 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.
While you may forward or share with family, friends and direct known contacts, please do not
engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk
communications or the use of any unauthorized method or automated system to participate, or to
acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant
or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable Entry and
entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion.
Entrant’s use of any social media platform used to advertise or facilitate the Promotion must comply
with and be in accordance with the platform’s respective Terms of Use, Terms of Service and
Policies. This Promotion is in no way sponsored, endorsed or administered by, or associated with
any social media platform on which it may be promoted, advertised or mentioned.
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
an 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 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, 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 non-compliance with
these Official Rules 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, or any of Sponsor’s brands,
products or services.
By submitting an Entry, entrant represents, warrants and covenants (and agrees to release and
indemnify Sponsor from same) that their Entry submitted and all UGC: (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 UGC to grant the rights under these Official Rules); (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 patent, 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) does not contain any unauthorized
depiction of any venues, or any individuals mentioned, featured in, or who have worked on the Entry
or UGC, in whole or in part, in any manner without their express written consent to submission to this
Promotion and the use contemplated herein. If requested by Sponsor, entrant shall provide evidence
of the above in writing. Nothing herein shall be impose an obligation of confidentiality on Sponsor.
DRAWING/WINNER SELECTION: There will be one potential Grand Prize winner will be selected
by a randomly generated source using a 3rd party external non-biased tool (or its authorized
representative) on or about September 23, 2022 following the end of the Promotion Period from
among all eligible Entries received during the Promotion. Sponsor or its authorized representative
will notify the potential winner via email and/or phone (in Sponsor’s sole discretion) based on the
contact information provided by the potential winner.
Conditions Precedent to Prize Award: The potential winner must follow all instructions and timely
provide all necessary information and documents acceptable to Sponsor, or the prize will be forfeited
and awarded to an alternate potential winner. Required documents may, but without limitation,
include:
an Affidavit of Eligibility and Liability Release, and Publicity Release (except where prohibited);
a Physician’s written attestation/certification deeming potential winner physically and emotionally
capable of safely engaging on travel activities; and/or
a current valid government issued identification and/or passport, and valid social security number
(U.S.).
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.
Sponsor is 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: The potential Prize winners will, upon verification of eligibility and compliance with
these Official Rules, receive the opportunity to win the following prizes*:
1 Grand Prize: The Grand Prize winner will receive the following (the “Grand Prize”): Grand Prize
(one (1) randomly selected participant)
One year’s worth of groceries (approximate retail value (“ARV”) =
$4,800) offered in the value of American Express® gift cards
A year supply of 16 oz Health-Ade Kombucha (288 free bottle
coupons)
A custom limited-edition box, HA Slowtide Beach Blanket, HA Porter
Reusable Bowl x Utensil Kit, HA Koozie, Custom Baggu Bag, HA
Stickers
ARV for total Grand Prize: $4,950
*All prizes subject to availability.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely
determined by Sponsor. Any costs, taxes, fees, and expenses associated with any element of the
prizes not specifically addressed above are the sole responsibility of the applicable winner. For
clarity, all federal, state and local taxes on the Grand Prize are the Grand Prize winner’s
responsibility.
The 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. Receipt and use of any gift cards are subject to, and winners must comply with, any terms
and conditions specified by the gift card provider.
Limit 1 Grand Prize winner. Odds do not increase with the number of eligible Entries received.
GENERAL RELEASE: Failure to timely return or properly complete the conditions precedent to the
prize award described above, or if potential winner is or becomes ineligible or does not comply with
these Official Rules, the entrant will forfeit their prize 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
ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT
CONTRACTORS, REPRESENTATIVES AND AGENTS, AND ANY SOCIAL MEDIA PLATFORM
USED IN CONNECTION WITH THE PROMOTION (“RELEASED PARTIES”) FROM AND AGAINST
ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES,
SETTLEMENTS (WHETHER OR NOT LITIGATION 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), ENTRANT’S ACCESS TO ANY
WEBSITES, AND/OR ENTRANT’S 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 Sponsor
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 Official Rules only to
the extent of its invalidity, illegality or unenforceability, and these Official 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.
DISCLAIMER; LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES,
EXPRESS OR IMPLIED, AND 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 ENTRANT’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 may 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 entrants 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,
and Sponsor reserves the right to modify the Promotion in a manner it deems appropriate.
FORCE MAJEURE: Sponsor shall not be liable to entrant, 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, pandemic or epidemic, mass 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 PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED
STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW
DOCTRINES. Any controversy or dispute arising out of or in connection with this promotion or these
Rules will be submitted to arbitration. The dispute or controversy will be finally settled by arbitration
in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), as
modified, if at all, in this Section. The arbitration will take place in English in the City of Los Angeles,
California before a single arbitrator, appointed by the JAMS mediation and arbitration service,
applying the laws of the State of California. Transcripts of the arbitration proceedings will be
prepared daily in the language in which the arbitration is conducted. The decision of the arbitrator(s)
will be binding and conclusive on the Parties, and the Parties will comply with the decision in good
faith. Each Party hereby submits to the jurisdiction of the state or federal courts located in Los
Angeles, California for purpose of entry of judgment with respect to the decision of the arbitrator(s)
hereunder, including injunctive relief, if appropriate, to render effective the arbitrator’s decision.
WINNER’S LIST: For winner’s list, contact Sponsor by mailing a self-addressed, sufficiently U.S.
postage stamped envelope to: Health-Ade Get the Good Gut Feeling Winner List Request, 2012
Abalone Ave. Ste A Torrance, CA 90501, Attn: Promotion Admin., for receipt by September 30,
2022. Limit one (1) request per person, or per household.
SPONSOR: Health-Ade LLC (2012 Abalone Ave. Ste A Torrance, CA 90501)