This sweepstakes is not sponsored by Peloton
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
NOTE TO ALL MINOR ENTRANTS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER. EACH WINNER'S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE MAY BE FORFEITED. EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF MINOR ENTRANT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES ENTRANTS AGREE TO THESE OFFICIAL RULES WHICH ARE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ODESZA’s Peloton Flyaway Sweepstakes: The Last Goodbye Finale (the “Sweepstakes”) is open only to individuals who as of May 22, 2024: (i) are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia; (ii) are at least fourteen (14) years of age; and (iii) maintain a Peloton subscription (i.e. you must be a Peloton customer prior to the public announcement date of the Sweepstakes). Employees, officers, and directors of ODESZA LLC (“Sponsor”), Peloton Interactive Inc. (“Peloton”), Sponsor’s parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, and other prize suppliers (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employees, officers, and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
The Sweepstakes begins on or about 5:00 p.m. Eastern Time (“ET”) on May 22, 2024, and all entries must be received by Sponsor on or before 11:59 p.m. ET on May 30, 2024 (the “Entry Period”).
To enter the Sweepstakes during the Entry Period, you must (i) be an existing registered Peloton user prior to the start of the Entry Period and (ii) visit the website ODESZA.com/peloton to fill out and submit the entry form. Specifically, entrants must fill out all required information in the entry form on the website, including but not limited to their full name, physical address, email address, Peloton username, how they heard of the Sweepstakes, and anything they want to write about their love for ODESZA, and click on “Submit” to submit their entry form.
Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts, or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered accountholder. “Registered accountholder” is defined as the person assigned to an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses or usernames. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use such materials and the images related thereto (including entrant’s name, Peloton username, and likeness) for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including without limitation any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity, and the use thereof will result in no third party liability or obligations. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
There will be two (2) winners selected in this Sweepstakes. The potential winners will be selected through a random drawing on or around May 31, 2024, from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Sweepstakes, and selection of the winners. Decisions of Sponsor as to the selection of the winners will be final. The potential winners will be notified using the information provided during entry by any of email, telephone, or mail (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete, or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or placing of a phone call and one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant’s email account to receive email messages.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification (but prior to 9:00 a.m. ET on June 3, 2024) before being eligible to receive their prizes. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor, or if the prize or prize notification is returned as rejected, faulty, unclaimed, or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prizes to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if they have not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If for any reason more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners or remaining winners as the case may be of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Odds of winning will depend upon the total number of entries received.
Each winner will receive the following prize:
See https://odesza.100xhospitality.com/ for more details on The “Higher Ground” VIP Experience tickets.
If you are under the age of majority in your state of residence, the companion you select to accompany you on the trip must be your parent or guardian, subject to Sponsor’s sole and absolute discretion.
Prizes are non-transferable with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prizes, Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, and/or local taxes and for any other fees or costs associated with the prizes they receive regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid Social Security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners or if a minor in the jurisdiction in which they resides, in the name of their parent or legal guardian for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The total ARV of all of the prizes awarded in this Sweepstakes is five thousand dollars ($5000) (USD). The Sweepstakes Entities are not responsible for and winner will not receive the difference in any between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) prize per person.
The “Trip Prize” awarded by Sponsor to each winner consists of:
The total ARV of the Trip Prize is two thousand five hundred dollars ($2500) (USD). Actual retail value of Trip Prize may vary depending on point of departure, travel dates, and fare/rate fluctuations. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel arrangements must be made through Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen. Each winner must have an active Ticketmaster account to receive The “Higher Ground” VIP Experience tickets; creating an account at www.ticketmaster.com is free.
Each winner and their travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of each winner and their companion to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel must be booked by at least June 3, 2024 or a date/time communicated to you by Sponsor and all travel must be completed by June 23, 2024 or a date/time communicated to you by Sponsor. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The winners will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the winners.
Sponsor shall not be responsible for any cancellations, delays, diversions, or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers, or any other persons providing any Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities, or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the winners at the time of Trip Prize notification. Winners and companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Winners may be required to provide a credit card at the time of hotel check-in. Companions of the winners must be at least the age of majority in their state of residence as of the date of departure. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, they may not be substituted except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by Sponsor’s transportation carriers of choice. Lost, stolen, or damaged airline tickets, travel vouchers, or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein are not included as part of any Trip Prize package and are solely each winner’s responsibility, including but not limited to: hotel taxes, additional ground transportation at the winner’s destinations, travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities, and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability and any changes made to either of these will be at the expense of the winners.
If for whatever reason the event associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. The winners are strictly prohibited from selling, auctioning, trading, or otherwise transferring the tickets unless Sponsor consents in writing. In the event a winner (and/or their companion) engage in behavior that (as determined by Sponsor, the event venue, or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winners and guests in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, the event venue, and any of Sponsor’s representatives and will be final and binding in all respects. Winners and guests may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including without limitation creating an unauthorized disturbance, interruption, or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor, the event venue, or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, they may be removed from any premises relating to the prize and winner consents to such removal.
Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees and its and their successors, assigns, and sub-licensees the right and permission to use their name, voice, likeness, and/or biographical material for advertising, promotional, and/or publicity purposes in connection with the Sweepstakes in all forms of media and by all manners (now and hereafter known) and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed) worldwide in perpetuity without any obligation, notice, or consideration except for the awarding of the prizes to the winners.
The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes or whom Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole and absolute discretion to disqualify (or terminate the prize of) any individual who is found to be or suspected of acting in violation of these Official Rules or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (i) to modify, suspend, or terminate the Sweepstakes should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security, or proper play of the Sweepstakes; or (ii) to disqualify any entrant found to be or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike manner.
By participating in the Sweepstakes, each entrant agrees to release, discharge, indemnify, and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees, agents, successors, and assigns (collectively “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines, or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse, or use of any prize (including without limitation, losses, damages, or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ actual or alleged violation of rights of publicity or privacy, claims of defamation or portrayal in a false light, or based on any claim of infringement of intellectual property; and (iv) any typographical, human, or other error in the printing, offering, selection, operation, or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including without limitation to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sponsor; interruption or inability to access the website, application, or any online service via the internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action, or proceeding against Released Parties, and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. If entrant is an eligible minor, their parent or legal guardian must agree to these Official Rules, including without limitation this Section 10. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices, or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations, and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Any information submitted will be subject to Sponsor’s privacy policy available at: https://ninjatune.net/terms-and-conditions.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties each agree to finally settle all disputes only through arbitration; provided however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
To receive a list of the names of the winners, send an email to [email protected] with the following text in the subject line: “ODESZA’s Peloton Flyaway Sweepstakes: The Last Goodbye Finale Winners List.” Please indicate which sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request.
The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit 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. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform, or application, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
This Sweepstakes is sponsored by ODESZA LLC, 45 Main Street, Suite 712, Brooklyn, NY 11201. Reference to third parties in connection with prizes and/or third party websites or services, including but not limited to Peloton, are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.