Official Rules

The FSAStore.com HSA Day Giveaway

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ENTRANTS MUST BE EIGHTEEN (18) YEARS OR OLDER AND LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.

By participating, each entrant and participant (each, an “Entrant” and, collectively, the “Entrants”) agree to abide by and be bound by these official rules (“Official Rules”) and the decisions of FSA Store Inc. (the “Sponsor”), which are final and binding in all respects and not subject to appeal.

1. GIVEAWAY PERIOD: The “FSAStore.com HSA Day Giveaway” is a random draw Giveaway (the “Giveaway”), which begins at 06:00:00 AM (midnight) Eastern Daylight Time (“EDT”) on October 7th, 2024 and ends 06:00:0 AM EDT on October 15th, 2024 (the “Giveaway Entry Period”). 

2. ELIGIBILITY: The Giveaway is open only to persons ages eighteen (18) years of age or older during the Giveaway Entry Period and who, as of the time of their Entry (as defined below), are legal residents of, and physically located within, the fifty (50) United States or the District of Columbia (the “Territory”). Void outside of the Territory and where prohibited, taxed, or restricted by law. Officers, directors, managers, employees, contractors, and agents of the Sponsor and its parent, subsidiary, affiliate, and related companies (collectively, the “ ”), as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution, or distribution of this Giveaway, are not eligible to participate in the Giveaway. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother, or brother in-law of a person. The Giveaway may only be entered in or from the Territory and purported Entries originating from any other jurisdiction other than the Territory are not eligible for Entry. All federal, state, and local laws and regulations apply to this Giveaway.

3. HOW TO ENTER:

There is one (1) method for an Entrant to enter the Giveaway. Online Entries (each as defined below) are collectively referred to as “Entries” and each, as an “Entry.”

Method (“Online Entries”): The Entrant must visit the following social media profile https://www.instagram.com/hsastore/ during the Giveaway Entry Period and complete the requirements outlined in the 10/7/24 Instagram post. The requirements are as follows: Entrant must follow the HSA Store Instagram account, tag two friends in the comment section and leave a comment of their favorite HSA eligible product currently being sold on HSAStore.com. All Online Entries must be received during the Giveaway Entry Period to be valid.

The following limitations will apply to each Entrant for the entire Giveaway Entry Period:

  • one (1) comment & tagging per entrant
  • one (1) bonus entry if entrant shares the post to their Instagram story

Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple or different identities and/or any other methods will void that Entrant’s Entry(ies) and may disqualify the Entrant from the Giveaway and/or future promotions, giveaways, or contests of the Sponsor. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, the Sponsor will declare the Entry made by the registered username on such Entry. Any potential Winner (as defined in Section 7 below) may be requested to provide the Sponsor with proof that such person is the Entrant by whom the winning Entry was submitted.

4. LIMITATIONS: Entrants who have not complied with these Official Rules are subject to disqualification and their respective applicable Entries will be void. The Sponsor reserves the right to disqualify any Entry in the Giveaway if the Sponsor determines or suspects, in its sole and absolute discretion, that the Entrant who submitted the Entry or Entries in question has attempted to undermine the legitimate operation of the Giveaway by cheating, hacking, or other fraudulent, deceptive, or unfair acts, omissions, or playing practices. The Sponsor reserves the right to cancel, modify, or suspend the Giveaway at any time if, in the Sponsor’s sole and absolute discretion, fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper operation of the Giveaway. In the event of cancellation, the Sponsor reserves the right to select the Winner from among all eligible Entries received up to the date and time of such cancellation in a manner determined by the Sponsor to be fair, appropriate, and consistent with these Official Rules, in the Sponsor’s sole and absolute discretion.

The Giveaway Entities do not warrant or guarantee that access to the Giveaway will be uninterrupted. Neither the Giveaway Entities nor the Prize Service Provider (as defined below), nor any of their respective present or future officers, directors, managers, employees, contractors, affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting parties, agents, representatives, successors, or assigns (individually and collectively, “Releasees”), are responsible for: (a) Entries from persons residing or physically located outside the Territory; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not compliant with these Official Rules; (c) lost, interrupted, or unavailable networks, servers, satellites, or websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Giveaway; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Giveaway, the processing of Entries, or the offering or announcement of the Prize (as defined below) or in any Prize notification; (e) any other errors of any kind relating to or in connection with the Giveaway, whether human, mechanical, clerical, electronic, or technical in nature or otherwise; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Giveaway; (g) any changes to any website function that may interfere with the Giveaway or an Entrant’s ability to timely enter the Giveaway; or (h) damage to an Entrant or any other person or entity’s system occasioned by or arising from participation in this Giveaway or downloading any information necessary to participate in this Giveaway; even if caused by the negligence of any of the Releasees.

5. THE PRIZE: The Winner will be selected at random and will receive one (1) of the three following product bundles from FSAStore.com: Best Seller Bundle, Caring Mill Acupressure Pain Relief Bundle, or the Supergoop! Bundle (the “Prize”). The highest Approximate Retail Value (“ARV”) of all three Prizes: is $120.00. The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded to the Winner. The Prize will be shipped to the mailing address provided by the Winner upon the Winner’s acceptance of the offer in accordance with these Official Rules. The Winner will be contacted via Instagram direct message with the request to share their mailing address for shipping purposes.

6. PRIZE RESTRICTIONS: The Prize is non-transferable and non-assignable. No substitution, transfer, or cash redemption or equivalent of the Prize or any portion thereof is permitted, except at the Sponsor’s sole discretion or as otherwise provided herein. The Sponsor will not replace the Prize if lost or stolen. In the case of unavailability of the Prize, the Sponsor reserves the right to substitute a prize of equal or greater value in its sole and absolute discretion. The Winner is solely responsible for all applicable federal, state, and local taxes, including taxes imposed on the Winner’s income. No more than the stated number of Prizes set forth in these Official Rules will be awarded. A potential Winner consents to the use of their name, likeness, and biographical information for promotional purposes in any and all media now known or hereafter discovered throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Residents of Tennessee will not be required to sign a Publicity Release as a condition of winning the Prize.

7. DRAWING; ODDS: The Sponsor will select the winning Entrant (the “Winner”) in a random drawing from among all eligible Entries received on or about October 15, 2024. Odds of winning the Prize depend on the total number of eligible Entries received during the Giveaway Entry Period. Notwithstanding anything set forth herein to the contrary, the winning Entrant shall be considered a “potential Winner” unless and until verified and confirmed by the Sponsor as meeting the eligibility requirements to be the official Winner of this Giveaway set forth in these Official Rules.

8. HOW TO CLAIM THE PRIZE: The potential Winner is subject to verification and full compliance with these Official Rules before the Prize will be awarded. On or about two (2) business days following the random drawing, the potential Winner will be notified via Instagram direct message to confirm their mailing address and any additional information or responses required by the Sponsor. Once such information is received, the potential Winner will be sent an Affidavit of Eligibility and Release (an “Affidavit”) by overnight delivery service or via email to the potential Winner’s address provided on their Entry. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner (if time permits) may result from any of the following: (a) the potential Winner’s failure to respond to email or telephone notification (as the case may be) within seventy-two (72) hours after transmission; (b) the return of an email notification as undeliverable after three (3) attempts; (c) the return of any other notification as undeliverable; (d) the potential Winner’s failure to provide the Sponsor with satisfactory proof of age, identity, and residency, as and when required; (e) the potential Winner’s failure to provide the Sponsor with satisfactory proof that they are the authorized account holder of the email address associated with the winning Entry, as and when required; (f) the potential Winner’s failure to provide any required additional information upon the Sponsor’s request, as and when required; (g) the potential Winner’s failure to execute and return a properly completed Affidavit within five (5) business days of its mailing/emailing; and/or (h) the potential Winner’s failure to comply in any way with these Official Rules. In the event of Prize forfeiture by potential Winner, the Sponsor may, in its sole and absolute discretion, award or not award the forfeited Prize to an alternate Winner. The Prize will be awarded provided a sufficient number of eligible Entries are received, and the Prize is validly claimed by October 31, 2024, after which no alternate Winner will be selected, nor unclaimed Prize awarded.

9. PRIVACY POLICY: The Sponsor will collect personal data about Entrants online in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://fsastore.com/privacy-policy.html. By participating in the Giveaway, each Entrant hereby agrees to the Sponsor’s collection and usage of their personal information and acknowledges that they have read and accepted the Sponsor’s privacy policy.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASEES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARD OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING (IF ANY) TO OR FROM ANY PRIZE-RELATED OR GIVEAWAY-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON, OR PROPERTY. THE WINNER AGREES (AS BETWEEN THE SPONSOR OR GIVEAWAY ENTITIES AND SUCH WINNER) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS GIVEAWAY, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY SUCH ENTRANT. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. GOVERNING LAW; VENUE: All issues and disputes concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of the Sponsor or any Entrant, Giveaway Entity, or Releasee in connection with this Giveaway of these Official Rules shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By participating, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, this Giveaway or the Prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in New York, New York, and the Entrant waives all jurisdictional, venue, or inconvenient forum objections to such court.

12. GENERAL: All applicable federal, state, and local laws apply to the Giveaway. The Winner, by acceptance of the Prize, grants to the Sponsor, the other Giveaway Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display the Winner’ name, address (city and state of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Giveaway Entities’ sole discretion) in any and all media now known or hereafter devised (including, without limitation, online or in print, film, or television), throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Any of the Giveaway Entities’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. These Official Rules shall govern and prevail in the event of any conflict with any terms or conditions applicable to the Giveaway contained in these Official Rules and those contained in Giveaway-related materials. In the event that any provision is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Giveaway Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE GIVEAWAY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

OFFICIAL RULES: For a copy of these Official Rules, print this webpage or send a self-addressed, stamped envelope (except for Vermont residents, who may omit postage) to FSA Store Inc., Attention: Giveaway Winner’s List, 5473 Blair Rd Suite 100 PMB 24308 Dallas, TX 75231, United States of America before the end of the Giveaway Entry Period.

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