“Official Rules”
ShoulderTap Technologies, Inc. d/b/a Fizz (“Sponsor” or “Fizz”) is pleased to introduce the $1,000 Fizz Scholarship Sweepstake (“Sweepstake”). As a condition of participating in the Sweepstake, 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 Sweepstake, 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 Sweepstake, these Official Rules, Sweepstake materials (including the Sponsor’s marketing materials), and information contained on the Sponsor’s website at https://joinfizz.com and social media. The Sweepstake 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 Sweepstake 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) are currently enrolled and in good standing as a part-time or full-time student at a Qualifying University (as defined below); (iv) successfully sign up for an account (using a valid name, email and phone number) with Sponsor via the Fizz mobile application; (v) are not barred from participation in the Sweepstake 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”). IN NO EVENT IS AN INDIVIDUAL REQUIRED TO PAY OR SUBSCRIBE TO ANY PAID PRODUCTS OR SERVICES OFFERED BY SPONSOR OR TO APPLY FOR OR USE THE FIZZ DEBIT CARD IN ORDER TO BE ELIGIBLE FOR THE SCHOLARSHIP CONTEST. NO PURCHASE NECESSARY. THE SCHOLARSHIP CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
This Sweepstake is only open to students actively enrolled at one of the following universities (each, a “Qualifying University”):
Qualifying University Promotional Codes:
Binghamton University (BING)
California State University, Fullerton (CSUF)
Indiana University (IU)
Morehouse College (SPELHOUSE)
North Carolina State University (PACK)
Spelman College (SPELHOUSE)
University of California, Berkeley (FIZZ AT CAL)
University of California, Irvine (UCI)
University of Central Florida (GKCO)
University of Florida (FLORIDA)
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 Sweepstake. “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. SCHOLARSHIP CONTEST PERIOD
The Sweepstake begins on September 16, 2024 at 12:01am and ends on November 30, 2024 at 11:59pm EST (“Sweepstake Period”). Winners will be selected on or before December 31, 2024. Sponsor shall be the official timekeeper of the Sweepstake.
3. HOW TO ENTER
During the Sweepstake Period, Eligible Individuals must apply for the Sweepstake by downloading the Fizz mobile app and creating a Fizz account using a valid email address and entering in the promotional code applicable to their Qualifying University.
Alternative means of entry: Notwithstanding the immediately preceding paragraph in this Section 3, during the Sweepstake Period, Eligible Individuals may instead choose to apply for the Sweepstake by emailing [email protected] with their full name, date of birth, and proof of attendance at a Qualifying University (including graduation date). Sponsor will not contact any such Qualifying Individuals with marketing or other promotional materials. For the avoidance of doubt, the rest of these Official Rules will continue to apply to any such Qualifying Individuals who apply using this alternative means of entry.
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 Sweepstake 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 Sweepstake Period will not be included in the Sweepstake. For purposes of this Sweepstake, an entry is “received” when the Sponsor’s servers record the entry information. 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.
All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned.
5. SELECTION CRITERIA
One potential scholarship winner will be selected at random from the pool of Eligible Individuals from each Qualifying University who applied during the Sweepstake Period; provided, that, with respect to Morehouse College and Spelman College, only one Eligible Individual will be selected from a combined pool of all Eligible Individuals from both Qualifying Universities. Sponsor’s selection of winners will be final and determinative.
6. PRIZES AND PRIZE RESTRICTIONS
Subject to verification of eligibility and compliance with these Official Rules, nine (9) prizes of $1,000.00 each will be available to nine (9) Eligible Individuals.
A maximum of one (1) prize per Qualifying University will be awarded, including a maximum of one (1) prize awarded to the combined pool of Eligible Individuals from Morehouse College and Spelman College, resulting in a maximum of nine (9) prizes awarded in total.
Prizes 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 prizes, in Sweepstake materials or otherwise, is for illustrative purposes only. Prizes are 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. YOU ACKNOWLEDGE THAT THE SWEEPSTAKE MAY NOT BE DEEMED A SCHOLARSHIP FOR TAX PURPOSES AND AGREE THAT SPONSOR MAKES NO REPRESENTATION OR WARRANTY THAT THE PRIZE IS A SCHOLARSHIP AWARD OR THAT IT SHOULD BE TREATED AS SUCH FOR TAX PURPOSES.
7. WINNER NOTIFICATION AND VERIFICATION
Up to one (1) potential winner from each Qualifying University (including up to one (1) potential winner from the combined pool of Eligible Individuals from both Morehouse College and Spelman College) will be chosen at random from all eligible entrants at each Qualifying University that submit an entry as detailed above during the Sweepstake Period.
Sponsor will attempt to notify each potential winner using the contact information provided on the potential winner’s entry within thirty (30) days after the end of the Sweepstake 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 SCHOLARSHIP CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SCHOLARSHIP 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 Sweepstake, or any part of it, for any reason, including, but not limited to, insufficient entries in the Sweepstake, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstake, 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 Sweepstake 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 prizes 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 Sweepstake, 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 SCHOLARSHIP 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 BY SWEEPSTAKE WINNER(S)
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 SWEEPSTAKE. 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 SWEEPSTAKE (“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 SWEEPSTAKE, 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 SWEEPSTAKE 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 Sweepstake 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.