Rules and Regulations
BIG GAME, BIG POINTS
BIG GAME, BIG POINTS Rules and Regulations
BIG GAME, BIG POINTS 2023 SWEEPSTAKES RULES (the “Promotion” or “Sweepstakes”)
THIS CONTEST IS ONLY OPEN TO UNITED STATES RESIDENTS (EXCLUDING ALASKA, HAWAII, PUERTO RICO AND RHODE ISLAND) AND CANADIAN RESIDENTS (EXCLUDING QUEBEC) AND IS GOVERNED BY UNITED STATES OF AMERICA LAWS OF THE STATE OF NEW YORK AND CANADIAN LAWS OF THE PROVINCE OF ONTARIO.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. PROMOTION SPONSOR
Drop Technologies Inc., 103 Richmond St E, Toronto, Ontario, Canada (“Sponsor”) is solely responsible for all aspects of this Sweepstakes.
Sponsor, each participating partner (as defined in Rule 5), any other Drop partners or sponsors or prize providers, and any of the respective affiliates, directors, officers, or employees of any of the foregoing (collectively the “indemnitees”).
3. ENTRY PERIOD
This Sweepstakes commences at 12:00 AM Eastern Time (“ET”) on January 27, 2023 and ends at 11:59 PM ET on February 12, 2023 (“Entry Period"). All entries must be received by 11:59 PM ET on February 12, 2023.
The Promotion is open only to Drop members (“Members”) who are legal residents of the United States (excluding Alaska, Hawaii, Puerto Rico and Rhode Island, where it is void) and Canada (excluding the province of Quebec, where it is void), who are at least eighteen (18) years of age at the time of entry and whose Drop member account (“Member Account”) is in good standing (“Eligible Members”). Employees, officers and representatives of Drop Technologies (“Prize Provider”) and their respective affiliated companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee (collectively, the “Promotion Entities”), are not eligible to participate. The Member is the individual whose name the Drop member account has been established in. Canadian and USA residence will be determined by mailing address. If you are not already a Drop Member, you can become one by visiting JoinDrop.com and registering in accordance with the enrollment instructions for a free Drop member account.
The Sweepstakes is subject to all federal, state, municipal, provincial, territorial, and local laws and regulations. Void in Rhode Island, Alaska, Hawaii, Puerto Rico, Quebec, outside the United States and Canada, and wherever else prohibited or restricted.
5. AGREEMENT TO OFFICIAL RULES
By participating in the Promotion, you fully agree and unconditionally agree to and accept the Sweepstakes Rules and the decisions of the Contest Sponsor and its Contest administrators and judges, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
6. HOW TO ENTER
NO PURCHASE NECESSARY TO ENTER OR WIN, and no entry fee, payment or proof-of-purchase is necessary to participate in the Sweepstakes.
There are two (2) ways to enter:
Entry Option A - Use your US or Canadian-issued debit or credit card linked to your Drop account (“Drop-Linked Card”).
An Eligible Member will receive one (1) Sweepstakes Entry each time they use their Drop-Linked Card to pay for eligible purchases made during the Entry Period at participating brands (each, a “CLO Participating Brand).
Participating brands include:
- Sam’s Club
Visit the Big Game, BIg Points Collection in-app to see the list of CLO Participating Brands. Eligible Members must first link any Canadian or US-issued credit or debit card to their Drop Member Account before making an eligible purchase and then must use that same linked credit or debit card to make an eligible purchase. All determinations as to whether or not an eligible purchase at a CLO Participating Brand has been completed during the Promotion Period in accordance with these Rules will be made by the Contest Sponsor and shall be considered final and binding without right of appeal.
Entry Option B - NO PURCHASE NECESSARY:
To receive four (3) Promotion entries without purchase, an Eligible Member must submit his/her/their first and last name, complete mailing address including city, province/state and postal code/zip code, daytime phone number (including area code), email address and Drop Member ID plus a fifty-word (50-word) or more original essay describing “What you would do with 500,000 Drop Points” and email it to: firstname.lastname@example.org (with “Big Game Big Points 2023 - Contest Entry” in the subject line of the email). The email must be received by Promotion Sponsor no later than 11:59 PM ET on February 12, 2023
Proof of submission of entry does not constitute proof of receipt of entry. All entries become the property of Sponsor and will not be returned to entrants. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or Sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Creating multiple Drop accounts and entering the sweepstakes with different Drop accounts is prohibited, regardless of whether one person has more than one address or more than one person uses the same address In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the email address is registered.
BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR FIRST NAME AND LAST NAME) MAY BE POSTED ON FACEBOOK, TWITTER, INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF FACEBOOK AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
The Drop app is available for iPhoneTM, IPadTM and AndroidTM devices. Visit the Apple App Store or Google Play. The Drop app is free to download. By entering this Sweepstakes, you agree that you are solely responsible for all data charges that you may incur. All such charges are billed by and payable to your mobile or internet service provider. Please contact your participating mobile or internet service provider for pricing plans, participation status and details.
Entries by any method other than set forth above in Section 6 are void. The Sponsor, nor any of their officers, directors, shareholders, employees, agents, artists or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or 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 in compliance with these Rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone. computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees.
7. RELEASE AND LIMITATIONS OF LIABILITY
By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, Prize Provider, the Administrator, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, agents, successors, assigns, insurers, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
There is one (1) Grand Prize weekly prizes available to be won (the “Prize”), of 500,000 Drop Points.
No substitution of Prize offered, no transfer of the Prize, whether in whole or in part, to a third party is permitted except by Sponsor, who reserves the right in its sole discretion to substitute Prize for a prize of comparable or greater value. All fees, federal, state, local or other expenses relating to the use, acceptance and possession of the Prize are the sole responsibility of Winner. Taxes are the responsibility of Winner. If the winner is a US resident, an IRS form 1099 will be filed in the name of Winner.
No compensation will be provided for failure by a confirmed winner to accept a Prize as awarded. Promotion Sponsor gives no representations, warranties, or conditions, whether express or implied, in respect to a Prize or any elements of a Prize.
9. WINNER SELECTION
A random draw for each of the Prizes will be conducted on Thursday, February 16, 2023 at 10:00AM EST from among all Eligible Entries received during the Contest Period, by the Contest Sponsor.
Decisions will be final and binding. If a selected entrant cannot be contacted or has not responded within seventy-two (72) hours of the date when contact was first attempted, is not eligible in accordance with these Official Sweepstakes Rules, then the selected entrant is disqualified and will not receive the Prize and another entrant may be selected.
Should the selected Entrant be a Canadian citizen, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by telephone. If the selected Entrant fails to correctly answer the question he/she will be disqualified and another Entrant will be randomly selected. If the Entrant is determined to be less than the age of majority in his/her province of residence, then the potential winner will be disqualified and an alternate winner will be selected in their place.
By accepting the Prize, the Prize Winner agrees to release and hold harmless the Promotion Entities and the Released Parties and each of their related or affiliated companies, and each of their respective officers, directors, employees, shareholders, agents, successors, assigns and insurers from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. The potential Prize Winner will be notified by email, and must sign and return, within seventy-two (72) hours of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (if U.S. resident) or a Declaration of Compliance (if Canadian resident) in order to claim his/her prize.
The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the prize. The Prize Winner must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the prize (applicable to US Winner only). The Winner is solely responsible for all matters relating to the prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if potential Winner cannot be reached via email within three (3) business days from the first notification attempt, or if potential Winner fails to return requisite document(s) within the specified time period, or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected.
By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Grand Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
10. USE OF DATA
By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by and construed in accordance with the laws of Canada without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Canada. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.