DropShop (“DropShop,” “we,” “us,” and “our”) operates this website (“Website”), as well as other websites (collectively, “Websites”), where you can earn products (or a gift card of equivalent value) or get discounts on products featured on the Website’s Featured Product selection page (each a “Featured Product”) by, as detailed below, registering and providing personally identifiable information including your shipping address, completing “Tasks” (unless otherwise specified, you will earn one “Task Credit” for each Task completed) which may involve signing up for a recurring service, downloading an app or purchasing goods or services, some of which require paid participation and completing the steps required to confirm your eligibility and obtain a Featured Product (“Redemption Process”). The foregoing, as explained in greater detail below, is referred to as the "Program.”

By accessing and using the Website, you agree to and accept these “Terms & Conditions”, as well as our Privacy Policy and any additional terms, conditions, and policies published on the Website (collectively, the “Agreement”). If you do not agree to and accept the terms of the Agreement in their entirety, you do not have permission to visit and/or use the Website or participate in the Program.

Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties, Featured Product providers (“Advertisers”), and our service providers all of whom are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to receive SMS/text messages or emails from us, any claims that you may have regarding any SMS/text messages or emails that you receive from us or our service providers are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a Website; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.

How the Program Works. To participate in the Program, you must: (1) be a U.S. resident, 18 years of age or older; (2) provide accurate shipping and registration information (including your name and contact information, i.e., valid postal address, phone number and/or email address); and (3) register on the Website with your email address or mobile number using our 2-factor authentication protocol.

For certain Featured Products (“Group 1 Products”), you need to complete a specified number of Tasks to earn the Group 1 Product or a gift card equal to the average retail value (“ARV”) of the Group 1 Product. The Group 1 Product will be shipped to you or you’ll receive an e-gift card from our third party gift card provider.

For other Featured Products (“Group 2 Products”), you will be offered two options: (1) you can get the Group 2 Product for no out-of-pocket product cost by completing the specified number of Tasks, or (2) you can apply a discount based on the Tasks completed ( “Task Discount”) which will reduce your out-of-pocket cost for the Group 2 Product and then pay the balance of the cost with your credit card. The aggregate amount of your Task Discount will be displayed when you start the Redemption Process for a Group 2 Product. Our secure third-party payment processor will process your payment and we will ship you the Group 2 Product you’ve earned/purchased (with the Task Discount being applied).

MANY TASKS REQUIRE PAID PARTICIPATION OR PAID SUBSCRIPTION. SOME TASKS MAY HAVE NO INITIAL COST OR A NOMINAL INITIAL COST THAT WILL INCREASE AFTER THE EXPIRATION OF A TRIAL PERIOD AND CONTINUE UNTIL YOU CANCEL.

For clarity, the requirements to complete a Task and earn a Task Credit/Discount are included in the text box that appears when you click on Task.

Tasks Credits/Discounts do not expire.

Registration and Verification. You must provide accurate shipping and registration information, including your name and contact information, i.e., valid residential and email addresses.

Complete Tasks. The various Tasks are only available after you have completed the registration process.

To be credited with completion of a Task, you must:

• access the Task through the Website on a Task page or through a valid link provided to you by our customer support;
• complete the requirements to get credit for the Task which are included in the text box that appears when you click on a Task;
• use the same accurate contact information for completing the required Tasks as you did during the registration process;
• not have a third party (e.g., a friend, relative, etc.) complete Tasks for you; and
• not sign up for the same Task more than once.

If you do not complete all the required Tasks during your initial visit to the Website, return to the Website and login to your Account and pick where you left off. If you are unable to login and access your Account or resume signing up for Tasks, please contact customer support (at Support@TryDropShop.com) for assistance. You should retain any confirmation emails or other documentation received applicable to the completed Tasks so that, if requested, you can document completion of the required Tasks.

For a Task that requires a subscription or purchase, the Advertiser must be able to successfully bill your credit card at least once or for the number of times specified in the Task’s terms to receive Task Credit/Discount. Many Advertisers will not accept prepaid cards to complete Tasks or give credit for a “quick cancel” (i.e., a cancellation prior to the Advertiser’s stated trial period). For Tasks that involve apps, in most cases it must be the first time you’ve installed the app on your device, and you may need to reach a certain level to get a Task Credit/Discount as specified in the applicable Task’s terms.

Task Credits and Discount Status. You can check on your progress at any time by accessing your account using your email or mobile number and following our 2-factor authentication process and checking your Task Credits/Discount Status. Please note that it may take up to five (5) business days for the Task Credits/Discounts from your completed Tasks to display, so please be patient.

Proof of Task Completion. You must retain:

• The original email, receipts, and confirmations for completed Tasks. Copy and paste emails are not accepted.
• Proof of payment including copies of bank or credit card statements. When you make copies of your statements, we ask that you cover your account number.
• For mobile apps and games, we may ask for screenshots of your device’s home screen, the in-app screen showing the specific level reached, the account screen, and/or the app installation date from the App or Play Store.
• Receipts for in-app purchases if a purchase was made.

Courtesy Task Credit. If a technical issue occurred through no fault of your own that prevented a Task Credit from automatically crediting to your Account, we may grant a courtesy Task Credit with acceptable proof. To contact our customer support team, please email us at Support@TryDropShop.com.

If we determine misuse or abuse of our courtesy Task Credit policy has occurred, we may revoke your right to request future courtesy Task Credits or forfeit eligibility for a Featured Product, and/or permanent suspension of your Account.

Redemption Process.

Login to your Account, go the Featured Product page and see which Featured Product(s) you have enough Task Credits to redeem – they’ll be the ones with the green checkmark(s). Or pick a Group 2 Product and use your Task Credits to get a discount on the Group 2 Product. Once you have selected the Featured Product and redemption/payment method, you’re ready to start the Redemption Process, click on the Group 1 Product (provided it has a green checkmark) and redeem the Group 1 Product or click on Group 2 Product, pick your redemption/payment method and provide your credit card if you are acquiring using Task Discounts and payment. If you don’t use all your Task Credits, you can use them at a later date.

We confirm the status of your redemption. So, if we have any questions concerning your redemption, we will need you to promptly respond and address those issues or your redemption will remain incomplete. If you have any questions or concerns, please contact us at Support@TryDropShop.com.

Once you have successfully completed the Redemption Process, and assuming you’ve elected to receive a Group 1 or Group 2 Product, we will send you a tracking number so that you can track the status of your shipment of the Featured Product. Featured Products are shipped by a third-party service provider and are typically delivered within 15 business days of when you receive your tracking number.

We reserve the right to audit claims to ensure that only users who fully comply with these Terms & Conditions can claim a Featured Product.

Substitution Policy. We reserve the right to substitute a Group 1 Product with an electronic gift card of equal or greater value if the Group 1 Product is unavailable for any reason.

Lost, Stolen or Mis-Delivered Featured Products or E-Gift Cards. We rely on our users providing accurate shipping and registration information. If your Account information (name, postal address, email address) is inaccurate, your delivery may be delayed or you may not receive a Featured Product. We are not responsible for and will not replace any lost, stolen or mis-delivered Featured Product or electronic gift card unless the mis-delivery is clearly because of our error.

Risk of Loss. Upon shipment of a Featured Product with a valid tracking number, title to and risk of loss of each such Featured Product will pass to you.

Limitations – Employees. Employees of Net Creations, LLC and its parent, subsidiaries and related parties and its Advertisers, publishers, fulfillment, agency, and service providers, and their immediate families (including those living in the same households) are not eligible to earn a Feature Product. If we determine you are associated with Net Creations, LLC, we reserve the right to disqualify you.

Limitations – User Conduct

You agree that you will not engage in any activity or conduct that interferes with or disrupts our Websites and/or the Program (or the servers and networks which are connected to the Program) or use any service to manipulate your computer, mobile phone, or other device to gain any advantage on any of our Program. You agree that you will not reproduce, duplicate, copy, sell, trade or resell our Program for any purpose. You further agree that your use of our Websites and/or the Program will not be fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion. You also agree to comply with all usage rules and guidelines found throughout our Websites and/or the Program. You further agree not to use our Websites and/or the Program in any improper manner, including:

• Completing Tasks using a bot, macro, hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Program or use other automated means of signing up, and/or use any service to manipulate your computer or mobile device to gain an advantage, or otherwise tamper with our system.
• Exploiting, distributing or promoting to the public any errors, miscues, bugs or defects or misleading information which provides an unintended advantage, or any information intended to encourage others to exploit the Program.
• Disrupting or otherwise altering the normal operations of our Program, including the use of techniques to artificially accelerate Task completion time (in comparison to typical Program averages) or in any way reproduce or circumvent the navigational structure or presentation of the Program or its contents.
• Impersonating any person or entity, whether actual or fictitious, and/or falsely state, hide and/or otherwise obscure or misrepresent yourself.
• Providing inaccurate details as to your identity and location. Using technology designed to conceal your identity or location (such as disposable phone numbers or emails, proxies, VPN’s) may result in additional scrutiny of your Account. If it is determined that technology of this nature is being used to defraud, game or deceive the Program, your account will be suspended and any Task Credits forfeited.
• Attempting to defraud and/or deceive us by creating or using multiple email addresses, phone numbers (including disposable numbers) or Accounts.
• Creating Accounts on behalf of others, completing Tasks on behalf of others or managing the Accounts of others.
• Flooding/ overburdening our system with multiple requests.
• Improperly using support channels or initiating complaints to 3rd party organizations to make false or frivolous reports or to attempt to claim or receive Featured Products that are not actually due to you.
• Reverse engineering, duplicating, disassembling or decompiling or otherwise attempting to derive and/or alter code from any information accessible through the Website or permit any third party to do so.

• you have uninstalled the app from your device before credit is issued or if a Task involves a subscription, cancelling the subscription before Task Credit is issued;
• if you are using an unauthorized IP, a disposable email address, or a disposable phone number;
• you are attempting to receive Task Credit for a Task more than once;
• you use an email address for the Task sign-up that is different from the email address used to register for your Account;
• you are not a new customer or user of the Advertiser unless specifically permitted for the Task;
• you do not have tracking enabled on your web browser or device, if you have ad blockers enabled or if you are completing Tasks using technology designed to conceal your identity or location;
• you are attempting to receive Task credit for mobile apps that you have previously installed on your device; or
• you “quick cancel”, request a refund, initiate a return, refuse delivery, or if the advertiser determines the information supplied is invalid. In this instance, if Task credit has already been granted, it may be revoked.

We may use IP addresses, device IDs, and session identifiers to monitor participation in our Program. You cannot switch IP addresses in a manner we deem to be deceptive to hide your location or that otherwise indicates that more than one person completed Tasks on a single Account.

At our sole and absolute discretion, if we determine noncompliance with one or more of the limitations described herein, we may forfeit any Task Credit or redemption claim towards a Featured Product and terminate your Account. If your Account is terminated, you agree not to attempt to re-register or create another account with our Program unless you have received prior authorization from us via email to do so.

Investigations; Cooperation with Law Enforcement. You agree that we may, without any limitation: (a) investigate any suspected breaches of the Website security or our information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Website, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the fullest extent of the Law, (e) delete, modify or cancel any Task credit(s) on the Website, including any User Content, Currency or Virtual Items you may have acquired or submitted through your use of this Website, and (f) Delete and/or terminate your access to the Program at any time, without notice, for any violation of this User Agreement.

Telemarketing and Text Messages. Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive text/SMS messages from us to the telephone number(s) that you provided. You are not required to provide this consent to earn Task Credits or receive a Featured Product. If you provide consent, we may send you SMS/text messages from short codes or long codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help and/or contact us at Support@TryDropShop.com.

Further, where you submit your personal information to us, such act constitutes an inquiry for purposes of the Telemarketing Sales Rule (“TSR”) (16 CFR §310 et seq.), and applicable state do-not-call regulations. As such, even where your telephone number is listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via text/SMS messaging in accordance with the TSR and applicable state do-not-call regulations.

Any claims you may have under the TCPA against us or our service providers will be subject to the Arbitration/Dispute Resolution provision below.

Privacy, Security and Links. See our Privacy Policy, which is incorporated herein by reference, for more information concerning our collection and use of your information, the security of your information, and how to have your information deleted from our database. The Website contains links to other sites or services. For example, when you link from a survey question, optional offer, or Task advertisement to another site, you are leaving the Website and are subject to the privacy policies and terms and conditions of those sites. We are not responsible for the privacy practices, content, or security of such third-party sites.

Publicity. We may use your first name, last initial, and City and State of residence (for example John S. Wichita, KS) on a Website. We may also ask for a testimonial and/or a picture of you with your Featured Product. If you submit either, you grant us a royalty-free license to display and use what you submit to us in any medium.

Tax Liability. You are responsible for all local, state, and federal taxes on any Featured Product you receive and on any Selected Product you purchase using the Discount you earned. For clarity, we will charge sales tax and collect/remit where applicable.

Agreement; Choice of Law/Jurisdiction and Venue. You agree that these Terms & Conditions constitute the agreement between you and us, and that New York law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of New York. You expressly waive any defense or objection to venue or personal jurisdiction.

Arbitration/Dispute Resolution. You agree to arbitrate all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in the Program or a telemarketing call or SMS/text message that you received from us or an Advertiser, you should first contact customer support at Support@TryDropShop.com. We will attempt to resolve the matter to your satisfaction within thirty (30) days. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.

An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, please contact us at Support@TryDropShop.com.

Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules.

If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing, and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.

Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.

Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first register on any of the Websites. To obtain our mailing address, please contact us at Support@TryDropShop.com.

Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration, but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and NetCreations, LLC is proper.

Other than these two exceptions, you must arbitrate any claims as provided above.

YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN, OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, OUR ADVERTISERS, OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.

Policy Against Spam. We require that all emails promoting the Websites are sent only to users who have agreed to receive such emails. We prohibit any advertising of the Websites using unsolicited “spam” emails. If an advertiser or other person advertising or promoting our Sites fails to comply with our “no spam” policy, we will take appropriate disciplinary action against such person up to and including terminating our agreement with such person. If you feel you’ve been sent unsolicited spam emails promoting a Website and would like to register a complaint, please contact us at Support@TryDropShop.com. We will immediately investigate all allegations of spam email and take appropriate action.

Disclaimer of Warranties. The Websites, Featured Products, Tasks and any third-party partner's products and/or services that you may receive from us, one of our Advertisers, or other third-party partners (collectively “activity and content relating to the Websites”) is subject to change and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. (Tasks and Featured Products may include warranties from the manufacturer/provider. If a Task or a Featured Product does not work or you have some other claim related to a Task or a Featured Product, please contact the Advertiser, manufacturer and/or provider.) We make no warranty that the activity and content relating to the Websites will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Websites. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Websites. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.

Limitation of Liability. To the maximum extent allowed by applicable law, we will not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Terms & Conditions, the Websites, Tasks or any Featured Product, no matter how caused. In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) the value of the Featured Product for which the user has attempted to receive, (ii) $1,000, or (iii) the actual dollar amount consumer spent on the Website and third-party sites completing Tasks.

Liability Release. By accessing one of the Websites or participating in our Program, you release us and our respective parents, subsidiaries, and other associated companies, and the directors, shareholders, officers, employees, or agencies of any of the above organizations, for any and all liability for any injury, death, loss, tax liability, or damage of any kind arising from your participation in the Program, or resulting from acceptance, possession, use, or misuse of any Tasks or Featured Products.

Indemnification. You agree to indemnify and hold us, our parents, subsidiaries, and related parties, and each of their respective members, officers, directors, employees, agents, and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs, and settlement costs), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of a Website, any service provided by us, user generated content (“UGC”) or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, intellectual property rights; or (iv) any deceptive, threatening, libelous, obscene, harassing, or offensive material contained in any of your email communications or other submissions to a Website.

Updates. We may revise these Terms & Conditions at any time. Your continued use of a Website and/or participation in the Program evidences your acceptance of any changes. If you do not accept any of the Terms & Conditions, you do not have permission to complete our registration process or access a Website.

Trademarks. All trademarks associated with the Tasks and Featured Products are the intellectual property of their respective owners. Those owners do not endorse, administer, or sponsor the Program or the Website.