Fizz December Contest: “Official Rules”
ShoulderTap Technologies, Inc. d/b/a Fizz (“Sponsor” or “Fizz”) is pleased to introduce the Fizz December Contest (“Contest”). As a condition of participating in the Contest, you agree to be fully and unconditionally bound by these Official Rules, Sponsor’s policies (including, without limitation, Sponsor’s Terms of Use and Privacy Policy) found on Sponsor’s website at https://joinfizz.com/policies (the “Policies”) and the decisions of Sponsor in connection with the Contest, whose decisions shall be final and binding in all respects, and, the fullest extent provided by law, waive any right to claim ambiguity in the Contest, these Official Rules, Contest materials (including the Sponsor’s marketing materials), and information contained on the Sponsor’s website at https://joinfizz.com and social media. The Contest is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. The Sponsor’s Terms of Use (https://joinfizz.com/policies/terms-of-use) and Privacy Policy (https://joinfizz.com/policies/privacy-policy) are incorporated by reference and made a part of these Official Rules.
1. ELIGIBILITY
The Contest is open only to individuals who (i) meet the requirements set forth in Section 1 of Sponsor’s Terms of Use; (ii) are at least eighteen (18) years of age at the time of entry; (iii) at any time prior to the end of the Contest Period, successfully sign up for an account (using a valid name, email and phone number) with Sponsor via the Fizz mobile application and enroll in both a Fizz Membership and the Fizz card; (iv) remain, prior to and throughout the Contest Period, in good standing as a Fizz Member and Fizz cardholder; (v) are not barred from participation in the Contest under the laws of the United States, including but not limited to all federal, state, and local laws; and (vi) at all times abide by these Official Rules and the terms and conditions of Sponsor’s Policies (each such eligible individual, an “Eligible Individual”). THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of their respective parent companies, affiliates, subsidiaries, franchisees, prize providers, fulfillment agencies, including Immediate Family Members (as defined below) and Household Members (as defined below) for each of the aforementioned are not eligible to participate in or win the Contest. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.
2. CONTEST PERIOD
The Contest begins on December 9, 2024 at 12:01am and ends on December 31, 2024 at 11:59pm EST (“Contest Period”). Winners will be selected on or before February 28, 2025. Sponsor shall be the official timekeeper of the Contest.
3. HOW TO ENTER
During the Contest Period, Fizz will post one or more social media posts to its official TikTok account (@joinfizz) and/or its official Instagram account (@joinfizz) (each such post, a “Sponsor Social Post”).
To enter the Contest, Eligible Individuals must submit a qualifying entry on either TikTok or Instagram; therefore, an Instagram account or TikTok account is required. A qualifying entry means a comment by an Eligible Individual on one (1) Sponsor Social Post during the Contest Period that includes a response to the prompt, “How would you use the extra cash to kick off the New Year?” and tags two (2) friends. Qualifying entries must be made through an Eligible Individual’s own registered account.
4. ENTRY CONDITIONS
There is a limit of one (1) entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact or account information, or otherwise, may result in the entrant being disqualified, at Sponsor’s sole discretion. Entries generated by a script, computer programs, macro-programmed, robotic or any other automated means are void and may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, incorrect, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or are otherwise not in compliance with the Official Rules are also void and may be disqualified from the Contest at Sponsor’s sole discretion. Sponsor will not be responsible for invalid submissions and has no obligation to advise an individual of such a submission. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed.
Entries received outside the Contest Period will not be included in the Contest. For purposes of this Contest, an entry is “received” when an Eligible Individual’s comment first comment is made on a Sponsor Social Post and it is available to be viewed by the public. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of Sponsor's validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.
The Contest may require participants to ensure that his or her social media account settings allow for public view during the duration of the Contest Period. In the event the Sponsor is unable to verify the entry due to incorrect account settings, the entry may be considered invalid and void.
The Contest is in no way affiliated with Instagram or TikTok and is not sponsored, endorsed or administered by or associated in any way to Instagram or TikTok. Use of Instagram or TikTok is subject to their respective terms and conditions. Sponsor disclaims any liability should participants fail to comply with their respective terms and conditions. Sponsor takes no responsibility for the actions of the participants in the Contest. Sponsor takes no responsibility for the compliance of third parties.
Entries may not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales or use of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate, in the sole discretion of the Sponsor, nor may the name submitted contain any derogatory references to the Sponsor or any other person or entity including brands or trademarks of the Sponsor or any other person or entity. The Sponsor reserves the right to remove, in its sole and absolute discretion, any submission deemed inappropriate or that is not in compliance with the terms and conditions of the Contest.
All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned.
5. SELECTION CRITERIA
One potential winner will be selected by one or more qualified member(s) of the Sponsor’s marketing team based on the quality and merits of the Eligible Individual’s entry. Sponsor’s selection of a winner will be final and determinative.
6. PRIZES AND PRIZE RESTRICTIONS
Subject to verification of eligibility and compliance with these Official Rules, one (1) cash prize of up to $500.00 will be available to one (1) Eligible Individual.
The amount of the prize actually awarded to the prize winner will be equal to the aggregate amount spent and repaid by the prize winner using the prize winner’s Fizz Card between January 1, 2025, at 12:01am and January 31, 2025, at 11:59pm EST (the “Spend Period”), up to a maximum prize amount of $500.00. By way of example only, if the prize winner spends $120.00 during the Spend Period using his or her Fizz Card and repays that amount through the Fizz App, then the cash prize awarded to the prize winner will be $120.00.
The Sponsor will endeavor to pay the prize to the winner on or before March 1, 2025, through such means as the Sponsor may reasonably decide in its sole discretion.
A maximum of one (1) prize will be awarded in total.
The prize will be awarded only if the potential prize winner fully complies with these Official Rules. All prize details are at the sole discretion of Sponsor and any depiction of the prize, in Contest materials or otherwise, is for illustrative purposes only. The prize is non-transferable, non-exchangeable, and non-refundable, and must be accepted by the winner as awarded. A prize winner may waive his/her right to receive a prize. Sponsor shall have no responsibility or obligation to a prize winner or a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event of non-compliance with these Official Rules, or if a prize is unclaimed, that prize will be forfeited. A forfeited prize may be awarded to an alternate winner, in Sponsor's sole discretion.
All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of a prize not specified herein, are the sole responsibility of the prize winner. Any required tax reporting forms will be furnished to the appropriate authorities.
7. WINNER NOTIFICATION AND VERIFICATION
One (1) potential winner will be chosen from all eligible entrants that submit an entry as detailed above during the Contest Period.
Sponsor will attempt to notify the potential winner using the contact information provided on the potential winner’s entry within thirty (30) days after the end of the Contest Period. If a potential winner cannot be contacted or does not respond to Sponsor within seventy-two (72) hours of Sponsor’s initial notification, the potential winner may be disqualified at Sponsor’s sole discretion.
The potential winner must provide Sponsor the information required to file any necessary tax reporting forms, including but not limited to their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the value of a prize awarded and accepted. Except where prohibited, a potential winner may also be required to sign and return to Sponsor, within three (3) business days from the date of when Sponsor’s initial notification was sent, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim his or her prize. If the Declaration is returned as undeliverable or incomplete or a potential winner fails to complete, sign and return the applicable Declaration within the required time period, or the potential winner does not adhere to the Official Rules and all of the Policies, including, without limitation, if the potential winner does not fulfill the eligibility requirements, the potential winner may be disqualified at Sponsor’s sole discretion.
In the event a potential winner is disqualified for any reason, or if a prize is unclaimed or not accepted, the prize will be forfeited. If forfeited for any reason, the potential winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Sponsor, at its sole discretion, may award the forfeited prize to an alternate potential winner. If the Sponsor decides to select an alternate potential winner for the prize, the alternate will be selected according to the method used to select the potential winner. Sponsor will attempt to notify an alternative potential winner using the contact information provided on the potential winner’s entry. If a potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the alternative potential winner may be disqualified at Sponsor’s sole discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF A POTENTIAL WINNER IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
8. GENERAL CONDITIONS
Winning a prize is contingent upon accepting these Official Rules and the Policies, fulfilling all requirements of these Official Rules and adhering to all of the Policies. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Contest, or any part of it, for any reason, including, but not limited to, insufficient entries in the Contest, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the prize to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor also reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Contest, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void such individual’s entry.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.
9. WAIVER AND RELEASE OF NAME AND LIKENESS
IF YOU ENTER THE CONTEST, INCLUDING, WITHOUT LIMITATION, IF YOU ARE AWARDED A PRIZE, YOU ACKNOWLEDGE AND AGREE THAT THE SPONSOR MAY USE AND PUBLICIZE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND INFORMATION FOR ADVERTISING, PROMOTION, AND OTHER COMMERCIAL AND BUSINESS PURPOSES, IN EACH CASE, SOLELY IN CONNECTION WITH THE PRIZE AND/OR THE CONTEST. YOU HEREBY IRREVOCABLY PERMIT, AUTHORIZE, GRANT, AND LICENSE THE SPONSOR AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE LICENSEES, ADVERTISING AGENCIES, PROMOTION AGENCIES, AND FULFILLMENT AGENCIES, AND THE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS OF EACH AND ALL OF THEM (“AUTHORIZED PERSONS”), THE RIGHTS TO DISPLAY, PUBLICLY PERFORM, EXHIBIT, TRANSMIT, BROADCAST, REPRODUCE, RECORD, PHOTOGRAPH, DIGITIZE, MODIFY, ALTER, EDIT, ADAPT, CREATE DERIVATIVE WORKS, EXPLOIT, SELL, RENT, LICENSE, OTHERWISE USE, AND PERMIT OTHERS TO USE, YOUR NAME, IMAGE, LIKENESS, APPEARANCE, VOICE, PROFESSIONAL AND PERSONAL BIOGRAPHICAL INFORMATION, OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION, AND ALL MATERIALS CREATED BY OR ON BEHALF OF THE SPONSOR THAT INCORPORATE ANY OF THE FOREGOING, IN EACH CASE, TO THE EXTENT RELATED TO OR OTHERWISE IN CONNECTION WITH THE PRIZE AND/OR THE CONTEST (“MATERIALS”) IN PERPETUITY IN ANY MEDIUM OR FORMAT WHATSOEVER NOW EXISTING OR HEREAFTER CREATED ON ANY PLATFORM AND FOR ANY PURPOSE RELATED TO OR OTHERWISE IN CONNECTION WITH THE PRIZE AND/OR THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PUBLIC RELATIONS, PUBLICITY, PACKAGING, AND PROMOTION OF THE SPONSOR AND ITS AFFILIATES AND THEIR BUSINESSES, PRODUCTS, AND SERVICES, WITHOUT FURTHER CONSENT FROM OR ROYALTY, PAYMENT, OR OTHER COMPENSATION TO YOU. The Sponsor shall be the exclusive owner of all rights, including copyright, in the Materials. YOU HEREBY IRREVOCABLY TRANSFER, ASSIGN, AND OTHERWISE CONVEY TO THE SPONSOR YOUR ENTIRE RIGHT, TITLE, AND INTEREST, IF ANY, IN AND TO THE MATERIALS AND ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE MATERIALS ARISING IN ANY JURISDICTION THROUGHOUT THE UNIVERSE IN PERPETUITY, INCLUDING ALL REGISTRATION, RENEWAL, AND REVERSION RIGHTS, AND THE RIGHT TO SUE TO ENFORCE SUCH COPYRIGHTS AGAINST INFRINGERS. You acknowledge and agree that you have no right to review or approve Materials before they are used by the Sponsor, and that the Sponsor has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from the Sponsor’s editing, alteration, or use of the Materials, or the Sponsor’s presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by the Sponsor in the Sponsor’s sole discretion. The Sponsor has no obligation to create or use the Materials or to exercise any rights given by these Official Rules.
10. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE
Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.
11. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FIZZ PARTIES (AS DEFINED IN THE TERMS OF USE (HTTPS://JOINFIZZ.COM/POLICIES/TERMS-OF-USE)) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO (I) YOUR PARTICIPATION IN THIS CONTEST OR (II) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. SPONSOR RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. SPONSOR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF SPONSOR.
12. SPONSOR
The Contest is sponsored by ShoulderTap Technologies, Inc. d/b/a Fizz, 450 Broadway, Level 2, New York, NY 10013.
13. MISCELLANEOUS
You agree that the provisions of Sections 15 through 18 of the Sponsor’s Terms of Use are incorporated herein by reference and apply to these Official Rules.