Rules and Regulations
Drop Birthday 2022 Giveaway
Drop Birthday 2022 Giveaway Rules and Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Drop Technologies Inc., 120 Front St E, Toronto, ON M5A 4L9 (“Sponsor”) is solely responsible for all aspects of this Sweepstakes.
2. ENTRY PERIOD
This Sweepstakes commences at Aug 25 12:00 AM Eastern Time (“ET”) on Aug 28, and ends at 11:59 PM ET on Aug 28 (“Entry Period"). All entries must be received by 11:59 PM ET on Aug 28.
The DROP: DROP BIRTHDAY 2022 (the “Promotion” or “Sweepstakes”) is open only to 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 (the “Entrants”). 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 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.
4. AGREEMENT TO OFFICIAL RULES
By participating in the Promotion, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. 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. To participate in the Sweepstakes you must:
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. Each entry submission must be manually keystroked and manually entered by the individual entrant; 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.
You will receive one (1) Entry in the Sweepstakes when you complete any Shop offer in the Drop app; you will receive three (3) Entries when you complete a Shop offer at [US members only] CVS, Lyft, Postmates or Sephora; [CA members only] Indigo, Groupon, Old Navy, Sephora through the Drop app as described in Section a) a. in accordance with these Rules. There is no maximum to the number of entries available.
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.
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 will be one (1) Grand Prize awarded following the conclusion of the Promotion Period. Approximate Retail Value (“ARV”) of prize $5,000. If the actual value of any prize is lower than the stated ARV when prize is procured and fulfilled, the difference will not be awarded. There will be 10 prizes of 1 million Drop points, 5 prizes of $500 cash, 3 prizes of $1,000 Amazon gift cards, 1 grand prize of 2022 Holiday shopping on Drop (up to $5K).
No substitution of Grand Prize offered, no transfer of the Grand Prize, whether in whole or in part, to a third party is permitted and prize may not be redeemed for cash value, except by Sponsor, who reserves the right in its sole discretion to substitute Grand 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 Grand Prize are the sole responsibility of Winner. Taxes are the responsibility of Winner. An IRS form 1099 will be filed in the name of Winner. Winner must meet the age of majority within his/her jurisdiction and will be required to complete and return a Liability/Publicity Release prior to travel.
By accepting the Grand Prize, the Grand 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 Grand Prize Winner will be notified by phone, or email, and must sign and return, within three (3) days 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. In addition, the Winner’s traveling companion will be required to complete and return a Travel Companion Waiver within the same time deadline (listed above). Note: The Affidavit sent to a US potential winner will require that the winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Grand Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the prize. The Grand 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 phone 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.
Should the selected Grand Prize Winner 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. The potential Grand Prize Winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential winner 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 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.
9. WINNER SELECTION
On or about September 5th, 2022, ten (10) Entries will be randomly selected from all of the Eligible Entries received during the Entry Period as the potential Prize Winners.
10. WINNER NOTIFICATION
Potential Winner will be notified via the information provided upon Entry. The contact information provided by the entrant at time of entry will be used to notify Winner. Potential Winner will be notified by email,or phone (must be able to receive calls from an unlisted/blocked number) and will be required to complete and return an Affidavit/Declaration of Eligibility and Liability and, unless prohibited by law, Publicity Release (“Affidavit/Release”) as well as any other documents (“Prize Notification Documents”), if any, within three (3) days of date specified on the notification, or he/she may be disqualified. If an Affidavit/Release, and/or prize notification or prize is returned as undeliverable or if a prize is forfeited, or if required documents are not returned within such time period, or if Winner cannot accept or receive a prize for any reason, or if he/she is not in compliance with these Rules, the Grand Prize may be awarded to an alternate Winner from all eligible non-winning entries. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following:  potential Winner's failure to respond to notification within two (2) days after its mailing/transmission;  the return of an email notification or message as undeliverable after three (3) attempts; (3) the receipt of any other notice or a prize as undeliverable;  potential Winner's failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the address associated with the winning Entry;  potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency;  potential Winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) days after its mailing ;  potential Winner’s failure to claim Grand Prize within three (3) days after Prize Notification Documents, if any, are sent;  any other noncompliance with Rules. In the event of Grand Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate Winner.
11. 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.
14. WINNERS LIST REQUEST
To request confirmation of the name, city, and state of residence of the Grand Prize Winner, please send an email to firstname.lastname@example.org by August 28, with the subject line: “ DROP: Drop Birthday Giveaway Winners List Request”