Terms & Conditions
The terms ‘LIFEAID, ‘FITAID’, 'FOCUSAID,' 'IMMUNITYAID,' 'PARTYAID,' 'GOLFERAID,' ‘us’ or ‘we’ refers to the owner of the website whose registered office is PO BOX 761 - Santa Cruz, CA 95061. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- If you do not want to allow cookies to be used, please disable them on your browser.
We reserve the right to use your email address and any other personally identifiable information that you provide to us to respond to you and to send you marketing materials for our own products and services.
- If you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at email@example.com. Alternatively, if you receive materials from us by email you can make use of the "opt-out" provision in our communications so that we know that you no longer wish to receive any materials from us.
- Generally, we will not disclose the personally identifiable information that we collect through your use of our website to unaffiliated third parties. We will not share your information with outside parties who wish to market other products and services to you. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain services for us, including order fulfillment and website-related services such as web hosting, to improve website-related services and features, to perform maintenance services, and to distribute advertisements and other marketing materials on our behalf. We also reserve the right to disclose any personally identifiable information that we collect to any third party if we believe that we are required to do so for any or all of the following reasons: (i) to comply with the law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of LIFEAID Beverage Company and its employees, our website visitors, and/or the public.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
The prices shown on the website are subject to change at any time without prior notice.
Use of Coupon Codes
Promotional discounts for customers are delivered by use of Coupon Codes that reduce the price of the Cart on checkout. Coupon Codes are to be used by a customer once only, that is "one use per customer", and attempting to attain discounted product or merchandise by creating multiple accounts on the LIFEAID website in order to bypass our restrictions on one use per customer is a violation of these Terms and Conditions.
Use of Gift Cards
Gift Cards that are given out at events or purchased through promotions on our website are only valid on 24 pack case purchases or more, and can only be used by consumer accounts not wholesale accounts. Gift Cards are to be used by a customer only three times per calendar year, and attempting to attain discounted product or merchandise by creating multiple accounts on the LIFEAID website in order to bypass our restrictions on one use per customer is a violation of these Terms and Conditions.
Use of points under LIFEAID Rewards Program constitutes acceptance of all the Program's terms and conditions except where prohibited by law. LIFEAID reserves the right to change these policies or cancel this program at any time.
Customers will be automatically entered into LIFEAID Reward program once they create an account. Further, by accepting the reward points, each customer agrees to release and hold harmless LIFEAID, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the reward discounts or participation in any Reward Program related activity.
This Reward Program is void where prohibited by law. LIFEAID reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Reward Program; to be in violation of the Conditions of Use of the web site, to be acting in violation of the sites Policies and Procedures; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Reward scheme at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on line service provider or other organization, which is responsible for assigning e-mail, addresses or the domain associated with the submitted e-mail address. LIFEAID will prosecute any fraudulent activities to the full extent of the law.
LIFEAID reserves the right at its sole discretion to modify, suspend or cancel the Reward Program, without notice, for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Reward Program. We also reserve the right to revoke reward points if we feel the participant has tried to abuse the Reward Program in any way.
If not used within 275 days of receipt of the Rewards Points, LIFEAID Reward Points will expire. Customer redemption usage of Rewards Points is calculated on a first-in-first-out basis.
If your account is inactive (no purchase activity) for 6 months, your accumulated points will be expired.
Maximum Accumulation: Each user account has a maximum limit of 200,000 points.
Limitation of Liability
By entering into our Rewards Program, participants release and hold LIFEAID, any affiliated companies and employees from any and all liability of any injuries, loss or damage of any kind arising from or in connection with this Rewards Program or acceptance or use of any points given. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider / Internet / web site / use net accessibility or availability, traffic congestion, or unauthorized human intervention. Though the above causes are not exhaustive & changes to the same can or will be made at the sole discretion of LIFEAID as & when required without giving notice or any form of communication to Reward Program members as individuals or groups.
Review Requirements to receive Reward Points for reviews
To ensure that your review meets our criteria all fields must be completed and an honest paragraph about the product itself must be included. We can not accept duplicate reviews or derogatory reviews about our products, as these issues should be taken up directly with our Customer Service team. Once you have submitted your comments, we will assess the review and reward points to your account. Points will only be received if the review meets the criteria stated.
WIN A FREE CASE NOW
The “Win a Free Case Now” reward for entering first name, email address, and zip code into our database (the “Free Case Reward”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age at the time of entry (the age of majority is eighteen (18) in most states but twenty-one (21) in Mississippi and nineteen (19) in Alabama and Nebraska). One entry per person only. When the user enters their name, email and zip into our database, an algorithm determines if they have won using a 1/500 chance against a random number generator. All entrants to the Free Case Now Reward are also entered automatically in the “Sweepstakes”
SUBSCRIBE & SAVE
- MEMBERSHIP CANCELLATION AND CORRESPONDENCE: Membership may be cancelled at anytime. Cancellation must be received in writing or email prior to the next month’s shipment of LIFEAID product.
- Cancellations and all written correspondence can be sent by email to: firstname.lastname@example.org or mail to LIFEAID Beverage Co. P.O Box 761 Santa Cruz, CA 95061
- CREDIT CARD: Credit card information is maintained with strict confidentiality.
- PAYMENT: We accept Visa, MasterCard, Discover, and American Express
- All orders are insured against physical loss and damage while in transit. Please contact us immediately if there is a problem with your delivery.
- RETURNS: Returns of unopened product can be sent to LIFEAID Beverage Co. 2809 Mission St, Santa Cruz CA 95060. Please include original product and invoice with your return. Upon receipt of unopened product, a refund will be issued within 30 days for the purchase price minus a 20% restocking fee. Postage and Delivery is to be paid by the customer.
- FITAID is owned and operated by LIFEAID Beverage Co.
Returnable items must be received by us within 30 days from the date your order was delivered. All returns for refunds will be assessed a 20% restocking fee of merchandise costs. Returned items must be received in their original packaging and in perfect condition. This means if merchandise was originally in seal packaging, it’s expected to be returned in the same way. Unsealed/used items are not resellable, and therefore, not accepted for refunds if returned. No refunds will be offered for orders past 30 days, unfortunately. Buyers will be responsible for shipping back to us for refunds. Shipping costs are not refundable. All merchandise returned that is opened or not in original packaging will be discarded. No refunds or exchanges will be issued for such merchandise. Note: Items ending in .97 are considered clearance. All clearance items are FINAL SALE and not eligible for return or exchange.
Please send returns to:
2833 Mission Street
Santa Cruz, CA 95060
***Remember to include order# along with all returns***
If you have any further questions concerning our exchange/return policy, feel free to contact us (888) 558-1113 or directly on our contact us page.
Please review contents of order immediately after receiving. If there are any issues/damage(s) to item(s) in your order when received, please be sure to bring it to our attention within 3 days of receiving so we can resolve the issue for you.
THE 20K GYM GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ENTRY VIA INSTAGRAM & ON-SITE AT SPARTAN WORLD CHAMPIONSHIPS ONLY. INTERNET CONNECTION REQUIRED.
THE 20K GYM GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE DISTRICT OF COLUMBIA OR ONE OF THE FORTY-SIX (46) UNITED STATES OTHER THAN FLORIDA, NEW YORK, ALASKA OR HAWAII WHO ARE AT LEAST THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE (WHICH IS EIGHTEEN (18) IN MOST U.S. STATES BUT IS NINETEEN (19) IN ALABAMA AND NEBRASKA AND TWENTY-ONE (21) IN MISSISSIPPI) AT THE TIME OF ENTRY.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. THE 20K GYM GIVEAWAY (the “Sweepstakes”) is open only to legal residents of the District of Columbia or one of the forty-six (46) United States other than Florida, New York, Alaska or Hawaii who are at least the age of majority in the jurisdiction in which they reside (which is eighteen (18) in most U.S. states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) at the time of entry. Employees, officers and directors of LifeAID Beverage Co. and SPARTAN RACE (“Sponsor”), and each of its respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees, officers and directors immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and household members shall mean people who share the same residence at least three months a year, whether legally related or not. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor and Producer, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- Entry Period. The Sweepstakes begins on or about 12:00 p.m. Pacific Time (“PT”) on Wednesday, January 1, 2020, and all entries must be received by the Sponsor on or before 11:59 p.m. PT on Tuesday, June 30, 2020, subject to extension by the Sponsor, in its sole and absolute discretion (the “Sweepstakes Period” and/or “Entry Period”).
- How to Enter. The method of entry for this Sweepstakes is at the sole discretion of the Sponsor and is subject to change. Actions of entry are defined as
- A. Website entry. Must enter email in lead capture on home page of www.lifeaidbevco.com
Limit of one (1) website entry per person for the Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s or Producer’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an online entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official timekeeper for this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
NOTE ABOUT INSTAGRAM: This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating in this Promotion, each entrant agrees to fully and completely release, discharge, indemnify, and hold harmless Facebook, Sponsor and their respective directors, officers, employees, agents, and any third-party providers from any and all claims, losses, causes of action, and liability arising from injuries (including death), damages, costs, or expenses of any kind (including without limitation attorneys’ fees) incurred as a result of the entrant’s participation in this Promotion and/or their acceptance, use, or misuse of any prize or element thereof. Sweepstakes Entities are not responsible for any changes or unavailability of the Instagram application that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Facebook for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered Account holder of the e-mail address associated with the Instagram Account for the potentially winning entrant, but only if that person meets all other eligibility criteria. A registered Account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered Account holder for the e-mail address associated with the Instagram Account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s and Producer’s satisfaction, the entry will be deemed ineligible. Any damage made to the Instagram service will be the responsibility of the registered Account holder of the e-mail address for the Instagram Account submitted at the time of entry.
MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Sweepstakes, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.
- Selection of Winners and Prize Claiming. There will be a total of one (1) grand prize winner in this Sweepstakes. The winners will be selected on or around June 30th, 2020 in a random drawing from all valid entries to the Sweepstakes received during the Entry Period. The potential winners will be notified by email where the potential winner can make a prize claim. Sponsor and Producer will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor and Producer as to the selection of the winners will be final. The potential winners will be notified using the information provided during entry by email in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. Potential winners will be required to respond to Sponsor’s winner notification email in the timeframe indicated in the prize notification (or if no timeframe is indicated, within twenty-four (24) hours) to claim their prize.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
- Odds. Odds of winning will depend upon the total number of eligible entries received during the Entry Period.
Prize(s) and Values.
- Grand Prize: Sponsor will be awarding one (1) grand prize winners. The grand prize winner will be awarded the following prize: Twenty Thousand Dollars ($20,000) worth of gym equiptment. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All prizes may require assembly. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor or Producer with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Neither Sponsor nor Producer is responsible for and will not replace any lost, mutilated or stolen prizes. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and neither Sponsor nor Producer will have any further obligation with respect to that prize or portion of the prize.
- Publicity Release. Subject to applicable law, the prize winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his or her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
- Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
- Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant's or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to the prizes, including, without limitation, to the prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree and that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the website of Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and Producer to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor or Producer may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. By entering the Sweepstakes, each entrant gives consent for Sponsor and Producer to send additional Sponsor information to entrant.
- Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
- BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution. . Dispute Resolution. PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PARTICIPATION IN THE SWEEPSTAKES AND/OR THESE OFFICIAL RULES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
There may be instances when you have a problem or dispute that needs special attention. In those instances, the Sponsor is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Sponsor or Producer, you acknowledge and agree that you will first give Sponsor an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to LifeAID Beverage Co., P.O. Box 761, Santa Cruz, CA 95061). You then agree to negotiate with Sponsor in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Sponsor’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of participation in the Sweepstakes and/or these Official Rules shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Sweepstakes Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Sweepstakes Entities and/or the applicable third party(ies). You and we acknowledge that these Official Rules affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Official Rules shall be conducted by JAMS. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Sponsor as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Sponsor agrees not to seek an award of attorneys’' fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE SWEEPSTAKES ENTITIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the application or these Official Rules be instituted more than three (3) years after the cause of action arose.
- List of Sweepstakes Winners/Official Rules Requests. To receive a list of the winners, send a stamped self-addressed envelope to: LifeAID Beverage Co., Attn: Ultimate Spartan Race Giveaway Winners List, P.O. Box 761, Santa Cruz, CA 95061. Please indicate which Sweepstakes winners list you are requesting. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: LifeAID Beverage Co., Attn: Ultimate Spartan Race Giveaway Official Rules, P.O. Box 761, Santa Cruz, CA 95061 prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting. Vermont residents may omit return postage with Official Rules requests.
- Sponsor: Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
//End of Official Rules//