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*The statements made on this website have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, prevent, treat, or cure any disease.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern LifeAID Beverage Co’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms ‘LIFEAID, ‘FITAID’, “GOLFERAID”, “PARTYAID” or ‘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 use of this website is subject to the following terms of use:
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 our Terms and Conditions.
Win a Free Case Now Reward
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”
Win a year supply of FitAID Sweepstakes
The “Win a year supply of FitAID” (the “Sweepstakes”) 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). A year supply of FitAID constitutes 1 case of Lifeaid product (24 cans) per month for 12 months. Contestants enter by inputting their first name, email address, & zip code into our database. One winner will be randomly selected on April 1st and October 1st of each year in which the contest is active. Contestants that have entered once but have not won the contest will remain eligible for all future drawings. No purchase is necessary.
THE CLUB
RETURN POLICY
All returns for refunds will be required a 20% restocking fee of merchandise costs. Returnable items must be received by us within 30 days from the date your order was delivered. 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.
Please send returns to:
2833 Mission St.
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.
FitAID Facebook Sweepstakes
Official Rules
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 FOR THE SWEEPSTAKES ENTRY PERIOD. 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 THE FACEBOOK APP ONLY AND FACEBOOK ACCOUNT AND INTERNET CONNECTION REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK INC. (“FACEBOOK”).
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.
Facebook Entry. To participate and enter this Sweepstakes, individuals will need a computer or mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Facebook application from their mobile device’s app store and sign-up for an Facebook account (“Account”). Creating an Account is free. By submitting your information and creating an Account however, entrants will be required to agree to the Facebook terms of service and privacy policy. After entrant has an Account, to enter the Sweepstakes, during the Entry Period, follow the call to action provided in any advertising for the Sweepstakes. The call to action for this Sweepstakes will require entrants to repost the photo that includes the advertisement for this Sweepstakes to their Account and when they repost the photo, entrant must include the unique hashtag “#fitaid” as part of their repost. Sponsor/Producer may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and neither Sponsor nor Producer is responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Sweepstakes. By reposting the sweepstakes photo with the advertisement and including the hashtag “#fitaid” in the repost message, entrants are confirming their acceptance to these Official Rules.
Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be 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 sole and absolute discretion. Reposts may not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Facebook app such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or Producer or is inconsistent with the positive images and/or goodwill to which Sponsor and Producer wish to associate (at Sponsor’s sole and absolute discretion). Any entrant found including material in their Tweet that violates these Official Rules or the Facebook terms of use may be disqualified, in Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor 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 FACEBOOK: Sweepstakes Entities are not responsible for any changes or unavailability of the Facebook 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 Facebook, 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 Facebook 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 Facebook 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 Facebook service will be the responsibility of the registered Account holder of the e-mail address for the Facebook 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.
The 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 the 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 the 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.
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). 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. The total ARV of all of the prizes awarded in this Sweepstakes is: Sixty Dollars (U.S. $60.00).
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 TEN DOLLARS ($10.00), 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 TEN DOLLARS ($10.00), 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.
13. 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, Sponsor and Producer are 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 and Producer an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to LifeAID Beverage Company, PO Box 761, Santa Cruz, California 95061. You then agree to negotiate with Sponsor and Producer 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.
FitAID Instagram Sweepstakes
Official Rules
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 FOR THE SWEEPSTAKES ENTRY PERIOD. 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 THE INSTAGRAM APP ONLY AND INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM INC. (“INSTAGRAM”).
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.
Instagram Entry. To participate and enter this Sweepstakes, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Account”). Creating an Account is free. By submitting your information and creating an Account however, entrants will be required to agree to the Instagram terms of service and privacy policy. After entrant has an Account, to enter the Sweepstakes, during the Entry Period, follow the call to action provided in any advertising for the Sweepstakes. The call to action for this Sweepstakes will require entrants to repost the photo that includes the advertisement for this Sweepstakes to their Account and when they repost the photo, entrant must include the unique hashtag “#fitaid” as part of their repost. Sponsor/Producer may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and neither Sponsor nor Producer is responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Sweepstakes. By reposting the sweepstakes photo with the advertisement and including the hashtag “#fitaid” in the repost message, entrants are confirming their acceptance to these Official Rules.
Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be 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 sole and absolute discretion. Reposts may not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Instagram app such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or Producer or is inconsistent with the positive images and/or goodwill to which Sponsor and Producer wish to associate (at Sponsor’s sole and absolute discretion). Any entrant found including material in their Tweet that violates these Official Rules or the Instagram terms of use may be disqualified, in Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor 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: 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 Instagram 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.
The 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 the 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 the 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.
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). 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. The total ARV of all of the prizes awarded in this Sweepstakes is: Sixty Dollars (U.S. $60.00).
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 TEN DOLLARS ($10.00), 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 TEN DOLLARS ($10.00), 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.
13. 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, Sponsor and Producer are 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 and Producer an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to LifeAID Beverage Company, PO Box 761, Santa Cruz, California 95061. You then agree to negotiate with Sponsor and Producer 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.
FitAID Twitter Sweepstakes
Official Rules
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 FOR THE SWEEPSTAKES ENTRY PERIOD. 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 THE TWITTER APP ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER INC. (“TWITTER”).
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.
Twitter Entry. To participate and enter this Sweepstakes, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Twitter application from their mobile device’s app store and sign-up for an Twitter account (“Account”). Creating an Account is free. By submitting your information and creating an Account however, entrants will be required to agree to the Twitter terms of service and privacy policy. After entrant has an Account, to enter the Sweepstakes, during the Entry Period, follow the call to action provided in any advertising for the Sweepstakes. The call to action for this Sweepstakes will require entrants to repost the photo that includes the advertisement for this Sweepstakes to their Account and when they repost the photo, entrant must include the unique hashtag “#fitaid” as part of their repost. Sponsor/Producer may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and neither Sponsor nor Producer is responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Sweepstakes. By reposting the sweepstakes photo with the advertisement and including the hashtag “#fitaid” in the repost message, entrants are confirming their acceptance to these Official Rules.
Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be 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 sole and absolute discretion. Reposts may not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Twitter app such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or Producer or is inconsistent with the positive images and/or goodwill to which Sponsor and Producer wish to associate (at Sponsor’s sole and absolute discretion). Any entrant found including material in their Tweet that violates these Official Rules or the Twitter terms of use may be disqualified, in Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor 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: Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter application that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter 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 Twitter, 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 Twitter 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 Twitter 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 Twitter service will be the responsibility of the registered Account holder of the e-mail address for the Twitter 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.
The 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 the 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 the 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.
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). 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. The total ARV of all of the prizes awarded in this Sweepstakes is: Sixty Dollars (U.S. $60.00).
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 TEN DOLLARS ($10.00), 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 TEN DOLLARS ($10.00), 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.
13. 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, Sponsor and Producer are 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 and Producer an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to LifeAID Beverage Company, PO Box 761, Santa Cruz, California 95061. You then agree to negotiate with Sponsor and Producer 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.
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I am a neuroscientist. I study the brain as a career. Unlike most people in my profession, I care less about curing neurological diseases, and more about how the brain can perform better. I care about how the brain adapts and perseveres when confronted with stress. I care about how the brain can repair itself with injury, how the brain can completely re-wire itself in stimulating environments, and how the brain can re-set itself night after night with sleep.
Outside of the laboratory, I am an athlete. I have been competing in gymnastics and track and field since elementary school, competed and lettered in Division 1 Track and Field at Brown University, and am a Coach for NCAA decathlete pole-vaulters at Morehouse (where I am a post-doctoral Fellow at the Medical School). And I am also competitive in Crossfit®, a training regimen that has pushed me to my physiological and psychological limits. This lifestyle mixing brain science with athletic competition was my muse for my popular science book, Meathead: Unraveling the Athletic Brain. I spend my days thinking about how the brain can get fitter, faster, and stronger with exercise, and about which natural products can work across day and while I sleep at night to further enhance my brain health.
Around the time that I began the search for natural supplements that boost physical and mental performance, I attended a lecture at the Botanical Gardens in Atlanta by Dr. Mark Plotkin of Harvard University. He was the first person to introduce me to the world of plant-based medicines. Since then, I've read his book--Tales of a Shaman's Apprentice: An Ethnobotanist's Search for New Medicines in the Amazon Rain Forest--and have thought more about the health benefits of plant-based medicines from the perspective of a neuroscientist.
In my quest for natural supplements that can boost physical and mental performance, I have developed a certain level of skepticism about efficacy. I often turn to public biomedical databases (e.g. PubMed, a compilation of peer-reviewed science housed at the National Library of Medicine) to determine: 1) Have the ingredients been investigated in basic animal or human clinical trials? and 2) Do the ingredients have identified (rather than assumed) effects on behavior and mental performance? There are certain products that I view as "snake oil placebos" and others that I view as legitimate. FocusAid is one of those legitimates.
FocusAid first piqued my curiosity because it is a blend of several plant-based neurotropics. Neurotropic refers to an agent that has effect on the nervous system, typically enhancing function and facilitating growth. The blend of neurotropic ingredients in FocusAid has affinity for nearly every type of neurochemical pathway of the brain as I will explain below. Most of these neurotropic ingredients are plant-based medicines already associated with ameliorating symptoms for Alzheimer's, depression, and anxiety, meaning they are associated with fine-tuning and facilitating learning, memory, attention, and mood. Below is a brief review of each ingredient and how each contributes to optimal mental function and brain health. I will focus on 3 ingredients in this review because they are ingredients that separate FocusAid from other drinks on the market.
Rhodiola rosea: Its geographical location is fairly widespread, growing in mountainous regions of the world: Asia, Europe (Carpathian mountain range), and even Appalachia. A search for its use in biomedical research reveals that it has been used for animal and human models of depression, anxiety, and fatigue. This is not a surprise given that Rhodiola rosea stimulates two neurochemical pathways linked to attention, reward, and pleasure: serotonin and dopamine. Enhanced production of serotonin and dopamine enhance focus on mental tasks, attention to detail, and more pronounced sensations of pleasure in one's environment. (I have “dopamine” tattooed on my arm as a tribute to my PhD work on it). The production of dopamine is also a stepping-stone for the production of norepinephrine. Norepinephrine helps to regulate our natural "flight or fight" responses in times of stress, danger, and training. There are a few studies with Rhodiola rosea in humans and rodents that inform my book--Meathead: Unraveling the Athletic Brain. To start with rodents, Rhodiola rosea has been found to facilitate the growth and reach of nerve cells onto other nerve cells. This concept known as "dendritic arborizations" (because the extensions from nerve cells look like tree branches) enhances communication within and among brain areas. This type of growth and reach with Rhodiola rosea is particularly prevalent in the hippocampus, the brain area responsible for learning, remembering, and forming new memories. These studies show that Rhodiola rosea optimizes learning and memory in rodents. In one human study Rhodiola rosea is shown to help prevent “overtraining”; its application balances testosterone to serotonin release ratios, a key physiological indicator of overtraining. Essentially, with this handful of studies, I conclude that Rhodiola rosea has versatile impact on optimizing mental (and physical) performance.
Alpha GPC: I first learned about Alpha GPC in early 2015. It is the active (plant-based) ingredient of several over-the-counter brain boosters. Alpha GPC activates the release of acetylcholine, a neurochemical important for learning, memory, and health of nerve cells. In my own field, sleep research has shown acetylcholine has “alertness” effect on the brain and behavior. Its release is high during wakeful states, but also during REM sleep--the only state of sleep where we dream. Its main function is to keep our brains active. That acetylcholine release is high during sleep may seem puzzling at first, but once you understand that REM sleep is basically an active brain in a paralyzed body, it makes a bit more sense. It is also relevant to the process of brain destruction in Alzheimer's. Nerve cells lose their structural support and form what are called neurofibrillary tangles as the disease progresses. However, activities such as exercise can slow this destructive process nerve cells as I discuss in Meathead: Unraveling the Athletic Brain, and supplements which are acetylcholine enhancers can slow this process as well.
GABA (Gamma AminoButyric Acid): This neurochemical is widely present in the brain. It is critical for calibrating and fine-tuning emotions and behavior. It is most widely studied for its roles in controlling depression and anxiety. By fine-tuning emotions and behavior, GABA makes systems even more efficient. Is it apparent now that FocusAid has assembled a blend of neurotropics linked to enhancing learning, memory, mood, attention, and pleasure?? FocusAid also contains other ingredients that nurture brain health (acetyl-L-carnitine and ginseng) and alertness (yerba mate; a plant-based stimulant grown in South America [Paraguay, Argentina, and Chile]). I have not found a better product to help you harness mental and physical success than this, quite honestly.
Allison Brager, PhD
Neuroscientist, Biomedical Researcher
Postdoctoral Fellow at Morehouse School of Medicine
Author of Meathead: Unraveling the Athletic Brain. It explores the neuroscience of athleticism, combining research in the fields of exercise physiology and neuroscience with my pursuits as a collegiate and semi-professional athlete.
https://www.linkedin.com/in/allison-brager-80a58210
Education
Activities and Societies: Sleep Research Society Trainee Member-At-Large SLEEP 2009 and 2010 Trainee Day Planning Committee National Sleep Foundation Educational Advocate Biology Graduate Student Council, Past President and Vice President
Division I Track and Field: 4 year varsity letterman
Student Athlete Advisory Board: Publicity Chair
Activities and Societies: Division I Track and Field, Feminist Majority Leadership Alliance,Student Athlete Advisory Board
