1. Eligibility: The Referral (“Contest”) is open to legal residents of the United States of America who consent to these terms and conditions. Entrants must be 18 years or older as of their date of entry in the Contest in order to qualify. This Contest is subject to federal, state, and local laws and regulations and void where prohibited by law.
2. Sponsorship. Lively, Inc. (“Sponsor”) is located at 77 Geary Street, 5th Floor, San Francisco, CA 94108. Sponsor will conduct the Contest substantially as described in these Terms and Conditions.
3. Agreement to Rules: By entering the Contest, the entrant (“You”) agrees to abide by the Sponsor's decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering the Contest, You represent and warrant that You are eligible to participate based on eligibility requirements. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of the Contest.
4. Contest Entry Period: This Contest begins on February 15, 2024 at 12:01am PST and ends on December 31, 2024 at 11:59pm PST (“Entry Period”). To be eligible for the Contest, entries must be received within the specified Entry Period.
5. How to Enter: Eligible entrants can enter the Contest by consenting to these terms and conditions. As a participant, your entry must fully meet all of the Contest’s requirements in order to be eligible to win a prize. Incomplete entries or those that do not adhere to these Terms and Conditions or specifications will be disqualified at the Sponsor's sole discretion.
6. Prizes: In order for you to be eligible to receive compensation in the form of a $250 Amazon gift card (or substitution of equivalent value in Sponsor’s sole discretion) (“Winner”), you must refer through a Sponsor-approved mechanism at least one hundred (100) health savings accounts (“HSA”) that are subsequently funded. The prize(s) shall be determined solely by the Sponsor. There shall be no other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not be entitled to request prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
7. Selection and Notification of Winner: The Winner(s) will be the individual(s) that meet the requirements set forth in Section 6. The Sponsor will notify the Winner(s) by email within five business days following Winner(s) selection. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within 30 days from the time the award notification was sent and/or is found ineligible the prize may be forfeited and an alternate Winner may be selected. Receipt of the Contest prize by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By submitting an entry into the Contest, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Contest, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
9. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Contest. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Contest or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Contest, to void entries for any reason. Attempts by You to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: Your entry into the Contest constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Contest and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
11. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF DELAWARE WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. You agree, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with the Contest, they shall be individually resolved exclusively before a court located in Delaware having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering the Contest). The participant waives all rights to have damages multiplied or increased.
12. Privacy Policy: In order to register for the Contest, You will be required to disclose your name, email address, phone number, job title, and residential address (“Personal Information”). The Personal information may be used to contact you in the event you are a winner of the Contest, in addition to being used to deliver to You Sponsor’s marketing emails. Sponsor will not sell your Personal Information.
13. Social Media Channel-Specific Rules: The Contest hosted by Sponsor is in no way sponsored, endorsed, administered by, or associated with Facebook, LinkedIn, Instagram, X (formerly known as Twitter), or any other social media platform.