TERMS AND CONDITIONS
By visiting and using www.hellahealthyliving.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. Hella Healthy (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
INTENDED AGE
All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed under the laws of Canada.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Canada, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws except for any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website or any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or any of our social media sites any information or Content that is:
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or disrupt the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content, or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may provide free products for download as well as sell paid courses, programs, physical or digital products, and any other related materials (collectively, "products"). All of our products and/or services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or exploit our products. You cannot sell or redistribute any of our products, whether free or paid, without our express written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
NO REFUNDS, RETURNS OR EXCHANGES ALLOWED
All sales of products and/or services on this website are final. There are no refunds, returns, or exchanges allowed. There will be no exceptions. Please carefully review all products before purchasing to ensure that you have purchased the correct product. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price. Failure to use the product you purchased from us does not give you the right to refuse payment of any associated charges.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and assist us if requested, without any cost, to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us for this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice, to (a) revise these Terms and Conditions; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms and Conditions and any other online policies posted on the website regularly to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.
ACKNOWLEDGEMENT
By using any of our products, or services or accessing the site, you acknowledge that you have read and agree to be bound by these terms and conditions.
CONTACT
For any questions, please contact us at hello@hellahealthyliving.com.
SWEEPSTAKES TERMS AND CONDITIONS
‘Plant You Cookbook’ GIVEAWAY OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SWEEPSTAKES DESCRIPTION
The PLANT YOU COOKBOOK Sweepstakes (the “Sweepstakes”) is open to legal residents of CANADA. Entrants must be 18 years of age or older as of the day on which they enter (the “Entrant” or “you” or “your”). This Sweepstakes is subject to all applicable federal, provincial and local laws and is void where prohibited or otherwise restricted by law.
The Sweepstakes begins at 12:00 AM Mountain Standard Time ("MST") on Saturday January 18th, 2025 and ends at 11:59 PM MST on February 13th, 2025.
The Sponsor of this Sweepstakes is Hella Healthy, and can be reached via email at hello@hellahealthyliving.com.
ELIGIBILITY
Sweepstakes is open to legal residents of Canada that are 18 years of age or older as of date of entry. Void outside Canada.
Any employees or agents of the Sponsor and its respective parent companies, affiliates, subsidiaries, and members of their immediate families or those persons living in the same household of such individuals are not eligible to enter or win. “Household Family Members” are not eligible to enter the Sweepstakes and “Household Family Members” shall mean people that share your residence and live with you such as parents, step parents, siblings, children, spouses and so forth
HOW TO ENTER
To enter the Sweepstakes, entrants must do the following:
VIA Online: Enter the Sweepstakes during the Sweepstakes period online by visiting the Sponsor’s Instagram Profile @hellahealthyliving, and follow the instructions to electronically complete the requirements for entry. You will be asked to provide your contact information including your name, street address, and phone number if you are selected as the winner.
You are limited to one entry per person or Instagram account regardless of whether more than one person uses the same Instagram account. Entrant is solely responsible for informing the Sponsor of any Instagram account change.
All entries must be received no later than 11:59 PM (MST) on February 13th, 2025. There is a limit of one (1) entry per person regardless of method of entry. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. Incomplete, indecipherable or inaccurate entries are void. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, by cellular phone, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified. Lost, late, illegible, or incomplete entries will be deemed ineligible and disqualified. Any use of robotic or automatic entries is strictly prohibited and your entry will be void.
In the event of a dispute regarding entries received from multiple users having the same online entry account, you will be required to provide the name of the authorized subscriber of the online entry account at the time of entry and that person will be deemed to be the entrant and must comply with these Official Rules. Sponsor is not responsible for late, lost, incomplete, misdirected, stolen, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate or access any online service or Website, or by any human error that may occur in the processing of the entries in the Sweepstakes.
If the Sweepstakes is not capable of being conducted as described due to any reasons including but not limited to computer virus infections, bugs, worms, tampering, unauthorized intervention, technical failures, fraud, interruption, deletion, lost or delayed data, defect or any other cause beyond the reasonable control of the Sponsor and its agents, then the Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or to select prize winners before such event took place. Sponsor may disqualify winners in its sole discretion. Sponsor also reserves the right to prosecute any fraudulent entries to the full extent permitted by law.
WARNING
CAUTION: ATTEMPTING TO DEFRAUD OR IN ANY WAY TAMPER WITH OR DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE SWEEPSTAKES BY ANY PERSON(S) IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY SUCH PERSON(S), AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION.
WINNER SELECTION AND NOTIFICATION
The Grand Prize Winner (the "Winner") will be selected in a random drawing on or about February 14th, 2025 from among all eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor and all decisions of the Sponsor relating to the Sweepstakes are final and binding. Odds of winning a prize will depend upon the total number of eligible entries received by the close of the Sweepstakes Period.
Winners will be notified on Instagram at the account provided by the entrant within 10 days after the random drawing.
Each Winner must respond to such notification within 10 days after the notification is sent or an alternate Winner will be selected from the remaining eligible entries.
Sponsor is not liable for any late, lost or misdirected notification or for winner’s unsuccessful efforts to claim any prize. Winner is solely responsible for any inactive accounts and any Winner notification that is not responded to or returned as undelivered will result in prize forfeiture and an alternate Winner will be randomly selected by the Sponsor.
GRAND PRIZE
Grand Prize: 1 winner will receive a Plant You Cookbook, approximate retail value of $38.00 CAN.
Only one prize will be awarded per person and household.
All federal, provincial, and local taxes and fees, including income tax, sales tax and license fees, and any other expenses arising out of the receipt and use of the prizes, are solely the responsibility of the Winner. Any difference between the stated estimated value of a prize and its actual value will not be awarded. Winner agrees to accept prize "as is." The Winner shall bear all risk of loss or damage to their Prize after it has been delivered.
Should the event portion of the Prize be canceled, postponed or in any way abbreviated, the Sponsor shall have no liability or further obligation to the Winner. Sponsor makes no representations of any kind concerning the appearance, safety, or performance of any part of the Prize. All prize details are at the sole discretion of the Sponsor.
All taxes and any other expenses related to accepting and/or using prize not listed in these rules are the sole responsibility of the Winner. Prize is non-transferable, non-assignable, and not redeemable for cash. Sponsor in its sole discretion may substitute a prize (or prize component) of equal or greater approximate retail value and comparable use for any reason.
SOCIAL MEDIA DISCLAIMER
The Sweepstakes may be shared or promoted on social media but it is not endorsed by any social media platform such as Facebook, Instagram, and others. This Sweepstakes is in no way sponsored, endorsed or affiliated or administered by these social media platforms. You agree that you are providing your contact information directly to the Sponsor by visiting the Sponsor’s account and not to these social media platforms. By participating and entering the Sweepstakes through these social media platforms, you are also subject to the data privacy and legal terms of these social media platforms.
AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY AND PUBLICITY RELEASE
Winner may be required to sign and return a release of liability, affidavit or declaration of eligibility and a publicity release (collectively “the Affidavit of Eligibility and Release of Liability”) and failure to do so may result in forfeiture of prize. Winner cannot transfer the prize to anyone else. Winner must complete, execute and return the Affidavit of Eligibility and Release of Liability within five (5) days of notification of winning the Prize. Failure to return Affidavit of Eligibility and Release of Liability timely, or if Prize notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
By accepting the Prize, the Winner grants to Sponsor a perpetual, worldwide, royalty-free license to use Winner's name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law.
GENERAL TERMS
By entering, all entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which shall be final and binding in regards to all matters relating to this Sweepstakes. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is strictly prohibited.
Any personal information supplied by any entrant will be subject to Sponsor’s privacy policy posted at www.hellahealthyliving.com. In the event of any discrepancy between the privacy policy and these Official Rules, the privacy policy shall control and govern.
INDEMNIFICATION
By entering this Sweepstakes, entrant agrees to release, hold harmless and indemnify the Sponsor and each of their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) entrant's participation in the Sweepstakes; or (ii) the receipt, use or misuse of the prize awarded in the Sweepstakes, including but not limited to any claims for loss, damage to property, personal injury, and/or death which may occur in connection with, preparation for, or travel related to, the Sweepstakes, or claims based on defamation, rights of privacy, rights of publicity or prize delivery. False or deceptive entries or acts will render the entrant ineligible. Sponsor is not responsible for printing, human or other inadvertent errors in these Official Rules, promotion materials or otherwise in the offer or administration of this Sweepstakes. Sponsor makes no warranty, guaranty or representation of any kind, and disclaim any implied warranty, concerning any claim arising in connection with participation in this Sweepstakes or any prize awarded.
LIMITATION OF LIABILITY
By entering the Sweepstakes, entrants agree (and agree to confirm in writing if needed): (a) to release the Sponsor and each of their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
DISPUTES
Any disputes that arise between the Sponsor and entrants with respect to the Sweepstakes shall be submitted to binding arbitration governed by the laws of the Province of Alberta, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration.
GOVERNING LAW
By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Province of Alberta, Canada without giving effect to any choice of law or conflict of law rules.
SEVERABILITY
The provisions of this Agreement are severable, and the invalidity of any provision shall not affect the validity of any other provision. Any invalid or unenforceable provision shall not be deleted but shall be reformed and construed in a manner to enable it to be enforced to the extent compatible with applicable law.
WINNER'S LIST
You may request the name of the Winner and a copy of these official rules by contacting the Sponsor at hello@hellahealthyliving.com.
SPONSOR CONTACT
Hella Healthy
hello@hellahealthyliving.com.