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Ask the workers:
Rules applicable to free draws

This document sets out the rules applicable to free prize draws, the “Rules”.

1. Eligibility

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a. Ask the workers prize draws (generally “Free Draws” and individually a “Free Draw”) are open to users of the Ask the workers app, (the “App”).

b. Each Free Draw is operated under and is subject to the laws of England & Wales and by reference to coordinated universal time or UTC (the “Time Zone”).

c. Free Draws are void in any geography where prohibited by law and each is operated in every relevant jurisdiction in a manner that is as close to these Rules as may be permitted by any applicable laws.

d. The App and the Ask the workers platform are owned, operated and developed by ES3G Limited a company registered under the laws of England & Wales with registered number 14069865. ES3G Limited is the “Operator” of all Free Draws and it operates the Free Draws in the manner set out and as governed by these Rules.

e. Users of the App must be 16 years of age or older as of their date of entry into any Free Draw in order to qualify as determined by reference to the Time Zone. Such users who enter into a Free Draw are referred to as “Entrants” and “You” in these Rules.

f. If there are Prizes available, Entrants to Free Draws have a chance to win a reward (a “Prize”) as a result of their participation in the Free Draw (an “Entry”). The App shows what Prizes are available and there may not always be Prizes available.

g. The Operator's employees, its subsidiaries, affiliates, suppliers, partners, and directors, as well as members of their immediate family and/or those living in the same household, are ineligible to participate in any Free Draw.

h. No Sponsorship or Endorsement: The prize draw is generally not sponsored, endorsed, or affiliated with Apple or Google in any way. 
i. Liability Disclaimer relating to Apple and Google: Apple and Google are explicitly excluded from liability related to the Free Draw. This includes, but is not limited to, the conduct of the Free Draw, the awarding of Prizes, and any issues arising from the Prizes themselves. 
j. Operator Responsibility: If the App and therefore the Free draw is hosted on a platform like the Apple App Store or the Google Play Store, the platform providers (Apple and Google in this case) may also disclaim (and have disclaimed) liability. This means neither Apple nor Google is responsible for the accuracy of the information provided by the Operator of the App and the organiser of Free Draws or for any disputes related to Free Draws. 
k. The Operator is the organizer: The Operator is the organizer of Free Draws and the Operator is solely responsible for all aspects of the Free Draws, including their legality, fairness, and the fulfillment of Prizes as more fully set out in these Rules. 

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2. Agreement to Rules

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a. By entering into a Free Draw, You agree to abide by these Rules which are fully and unconditionally binding in all respects.

b. The Operator reserve the right to refuse, withdraw, or disqualify any Entry at any time at the Operator’s sole discretion.

c. By entering the Free Draw You represent and warrant that You are eligible to participate based on eligibility requirements set out in these Rules.

d. You also agree to accept the decisions of the Operator as final and binding as it relates to the Free Draw and the award of any rewards pursuant to its operation.

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3. Free Draw Time Periods

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a. Each Free Draw runs for 24 hours as determined by the Time Zone.

b. To enter into a Free Draw, your Entry must be received within the 24 hour period applicable to it.

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4. How You can enter a Free Draw

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a. You can enter a Free Draw by using the Ask the workers app to answer a set of questions that You access in the App by pressing on the Start button visible on the home screen of the App, and by completing Your answers to all of the questions that are posed to You (ie: this is an Entry).

b. There is no cost to enter the Free Draw.

(i) If any person suggests to You that You have to pay to enter the Free Draw, please use the messaging functions of the Ask the workers app to send a message about this.

(ii) You can do this anonymously if You choose.

c. There will be a limit on the number of Entries available to You on a given day, potentially set at one Entry. This is determined by the Operator.

d. Your Entry must fully meet all the Rules in order for You to be eligible to win a Prize and there must also be Prizes available as displayed to You in the App.

e. Incomplete Entries or those that do not adhere to the Rules will be disqualified at the Operator's sole discretion.

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5. Prizes

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a. Each Entrant to a Free Draw is linked via the App to a workplace (a “Workplace”).

b. The Prizes (if any) available to Entrants to a given Free Draw are linked to a given Workplace and are defined for that Workplace and all the Entrants participating who are linked to that Workplace via the App. The Prizes are generally defined at the start of each calendar month (the “Month”). The zero, one or many Prizes available to be won by participation in a specific Free Draw on a specific day during a Month are referred to as a “Prize Pool”.

c. The Prize Pool for a Free Draw on a specific day is the same for all the Entrants who are linked to the same Workplace via the App.

d. Prizes may be cash, cash equivalents (eg: vouchers) or may be gifts. There might also be no Prizes available in a Prize Pool either because there are no Prizes for a given Month (and the Prize Pool was zero at the start of the Month) or because the Prizes that were available from the start of the Month have already been won for that Month or because the Operator has changed what Prizes are available.

e. The Prize Pool for a given Workplace and for a given Free Draw may be different to other Workplaces and other Free Draws operating on the same day. The Prize Pool may be shared, in whole or in part, with Entrants who are linked to other Workplaces and across other time periods. What Prizes are available may change at the discretion of the Operator during the Month other than as a result of Prizes being awarded; this may result in Prizes being added, Prizes being removed or the structure, nature and value of Prizes available changing.

f. Free Draws for each Workplace, to the extent there are Prizes available in a Prize Pool for that Free Draw, operate on consecutive days throughout each Month.

g. The App will tell You about the Prize Pool (if any) available on each occasion that the App is used and therefore available for each Free Draw, given the Workplace to which You are linked.

h. The App will tell You if You have won a Prize and if you are a winner (“Winner”).

i. There is no cost to receive a Prize.

(i) If any person suggests to You that You have to pay a fee in order to receive a Prize, please use the messaging functions of the Ask the workers app to send a message about this.

(ii) You can do this anonymously if You choose.

j. Each Free Draw may offer different Prizes and each Free Draw may have different chances of winning and Free Draws operating on the same day at different Workplaces may have different Prize Pools and different chances of winning. The Prizes available and the chances of winning in Free Draws may change during a Month.

k. The actual/appraised value of a Prize may differ at the time the Prize is awarded to what has been displayed to You in the App. The Prize(s) shall be determined solely by the Operator.

l. There shall be no Prize substitution permitted except at the Operator’s discretion.

m. Prizes are non-transferable.

n. Each Winner, upon acceptance of a Prize, is solely responsible for all expenses related to such Prize, including without limitation any and all local, national, state, and federal taxes.

o. If there are legitimate costs involved in transferring a Prize to a Winner, such costs may be deducted from the amount or value of the Prize transmitted to You and received by You, provided such costs (if any) shall never exceed the amount of the Prize.

(i) If You have received Your Prize and feel that deductions have been made unfairly, please use the messaging functions of the Ask the workers app to send a message about this.

(ii) You can do this anonymously if You choose.

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6. Odds of winning a Prize in a Free Draw

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a. Each Entry into a Free Draw has one or more chances to win a Prize based on the Prize Pool (if any) available for that Workplace, for that Free Draw.  To the extent that the Prize Pool has Prizes available, the number of chances to win for each Entry is at least one, but may be more based on Your usage of the App. The App informs You if you have achieved a chance multiplier of more than one.

b. Prizes from the Prize Pool available to Entrants linked to a Workplace are allocated on a pseudo-random basis using an algorithm which aims to distribute Prizes evenly across each Month.

c. The pseudo-random algorithm takes into account, for each daily Free Draw:

(i) How many Prizes have been allocated already that Month from the Prize Pool related to that particular Free Draw;

(ii) How many Entries are typically occurring each day and how many chances to win correspond to such Entries for Entrants who can win Prizes from the Prize Pool linked to that particular Free Draw; and

(iii) How many Prizes remain to be won in Prize Pool for that particular Free Draw.

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7. Claiming a Prize

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a. There may not always be Prizes available in the Prize Pool applicable to a Free Draw.

b. Each Winner of a Prize is selected by the algorithm set out above.

c. The App notifies the Winner each time a Prize is won.

d. You are responsible for following the all the instructions in the App to claim Your Prize if You win. If You decide that You do not want to follow the instructions, You will not be able to claim Your Prize and the Operator shall have no liability in this situation.

e. The Operator is not responsible for nor shall have no liability for a Winner’s failure to receive or act on a notice that a Prize has been won.

f. If the Winner (i) fails to claim the prize within 30 days from the time the award notification was available in the App, (ii) is found ineligible, or (iii) does not act on the notice in a correct and complete manner so as to claim a Prize or (iv) does not provide any additional information reasonably requested to comply with anti-money laundering, sanctions checking or other identity checks, then the Prize may be forfeited and / or an alternate Winner may be selected.

g. Receipt of any Prize (offered in a Free Draw by a Winner is upon the condition of compliance with any and all federal, national, state, and local laws and regulations.

h. IF THE WINNER VIOLATES ANY OF THE RULES, THE WINNER (AT THE OPERATOR’S SOLE DISCRETION) MAY BE DISQUALIFIED.

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8. Rights Granted by You

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a. By submitting an Entry You understand and agree that You may have to provide identification information about Yourself to receive a Prize.

b. You accept that, if You provide identifying information, it may be possible for Your Workplace to know that You have used the App. The App is designed so that the Workplace should not be able to connect the fact that it may have become aware You have used the App to the specific responses that You may have given to questions that You have been asked via the App which remain strictly confidential.

c. The Operator agrees that, other than as required to enable You to receive a Prize, any identifying information that You provide will not be used for any other purpose and will be kept strictly confidential. The Operator may elect to encrypt any data You provide to claim a Prize which shall mean that such data will only be available on a need-to-know basis to support the process of getting the Prize to You. In this situation, note that this may also mean that Operator has no access to data You may provide to claim a Prize.

d. You agree that the Operator and (if different) the party responsible for transferring the Prize to You may ask You to provide additional information in order to comply with applicable sanctions regulations, know your customer regulations or anti-money laundering regulations.

e. You agree that the Operator and (if different) the party responsible for transferring the Prize to You may ask You to confirm and verify the demographic information provided by You as part of Your registration with the Ask the workers app, and that if such information is not correct or verified, Your Prize may be withheld or cancelled, in particular, for example, if You do not work at the location that you have indicated.

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9. Terms & Conditions

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a. The Operator confirms absolutely that the chances of winning a Prize are not affected or influenced in any way by the answers You provide to questions that You are asked by the App.

b. In its sole discretion, the Operator reserves the right to modify, suspend, cancel, or terminate any Free Draw should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Operator’s control, impact or corrupt the security, fairness, proper conduct, or administration of a Free Draw.

c. The Operator, in the event of any of the above issues, may determine Winner(s) of Prizes based on all eligible Entries received prior to and/or after (if appropriate) the action taken by the Operator.

d. Individuals who tamper with or attempt to tamper with the operation or entry process of a Free Draw or violates these Rules will be disqualified by the Operator in its sole discretion.

e. In its sole discretion, the Operator has the right to maintain the integrity of the Free Draw, to void Entries for any reason, including, but not limited to data provided by You about Yourself being found to be incorrect or not being validated by You on request.

f. Attempts by any Entrant to deliberately damage any website or undermine the legitimate operation of a Free Draw may be a violation of criminal and civil laws. If any such attempt is made, the Operator reserves the right to seek damages to the fullest extent permitted by law.

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10. Limitation of Liability

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Your Entry into this Free Draw constitutes Your agreement to release and hold harmless the Operator and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in a Free Draw and/or the i) Winner accepting, possessing, using, or misusing of any Prize or any portion thereof; ii) any type of technical failure; iii) the unavailability or inaccessibility of any transmissions, phone, or Internet service; iv) unauthorized intervention in any part of the entry process; v) electronic error or human error in the Free Draw administration or the processing of Entries.

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11. Disputes

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a. FREE DRAWS ARE GOVERNED BY THE LAWS OF ENGLAND & WALES WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.

b. You agree, as a condition of participating, that if any disputes cannot be resolved between You and the Operator, and if causes of action arise out of or are connected with a Free Draw, they shall be individually resolved exclusively before a court located in England & Wales which shall have exclusive jurisdiction, without resorting to any form of class action.

c. Under no circumstances in any such dispute shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable legal fees. You waive all rights to have damages multiplied or increased.

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12. Privacy Policy relating to Free Draws

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a. Operation of the Free Draws and the management of data provided by You is governed by the Ask the workers Licence Agreement which is available on the ES3G Limited website (https://www.es3g.com).

b. To the extent that any matters arise that are not covered by the Ask the workers licence agreement, Entries are also subject to the privacy policy stated on the ES3G Limited website (https://www.es3g.com). The licence agreement takes priority over the privacy policy.

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13. Winners List

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a. You may obtain a information about the Winners of any Free Draw by submitting a request by email to info@es3g.com specifying the date of the Free Draw and Your Workplace.

b. Pursuant to the confidentiality provisions of the Ask the workers licence agreement and the privacy policy, Winners’ names and identifying details cannot be provided, as the use of the Ask the workers app, including any Winners, is anonymous. All that will be provided on request is information about how many Prizes of what values were awarded in that particular Free Draw.

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