You don't have your definitions right...
Stalemate occurs when the player having the move has no legal moves available.
A draw can happen by the 50 move rule, when after any 50 consecutive moves by each player (move pairs), no piece has been captured and no pawns have been moved.
Draws can also occur due to the 3 fold repetition rule when the same position occurs (or will occur due to your move) causes the same position to occur for the third (or more) time. All pieces must be in the same place, the same player must have the move, castling rights must be the same etc.
Draws can also happen due to insufficient mating material. Note that this means that not even help mates are available.