Peloton’s Win A Tread
Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Peloton’s Win a Tread Sweepstakes (the
“Sweepstakes”) is open only to legal residents of the forty-eight (48)
contiguous United States and the District of Columbia (excluding Alaska and
Hawaii) who are at least eighteen (18) years old at the time of entry and are
first time subscribers to Peloton marketing emails. Employees of Peloton
Interactive Inc., Merkle
Inc., and their parent and affiliate companies as well as the immediate family
(spouse, parents, siblings, and children) and household members of each such
employee are not eligible. The Sweepstakes is subject to all applicable
federal, state, and local laws and regulations and is void in Alaska, Hawaii
and where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules. Sponsor’s and Administrator’s
decisions are final and binding in all matters related to the Sweepstakes.
Winning a prize is contingent upon fulfilling all requirements set forth
herein.
5. Grand Prize Drawing and Winner Requirements: Administrator is an independent organization whose
decisions as to the administration and operation of the Sweepstakes and the
selection of the potential winner are final and binding in all matters related to
the Sweepstakes. Administrator will randomly select the potential Sweepstakes
winner from all eligible entries received during the Promotion Period, on or
around November 3, 2023. The potential winner will be notified by email and
will be required to provide their first and last name, home mailing address
(P.O. Boxes may not be permitted), and date of birth to confirm eligibility and
for purposes of prize fulfillment within three (3) days of the date notice or
attempted notice is sent, in order to claim the prize. Next, the potential
winner (or parent/legal guardian if winner is a minor in their state of
residence) will be required to sign and return a Declaration of Compliance,
Liability Waiver and where not prohibited a Publicity Release ("Declaration")
and IRS Form W-9, which must be received by Administrator within three (3) days
of the date notice or attempted notice is sent, in order to claim the prize..
If a potential winner of any prize cannot be contacted, fails to sign
and return the Declaration or provide any other requested information within
the required time period (if applicable), or the prize is returned as
undeliverable, the potential winner forfeits the prize. Receiving a prize is
contingent upon compliance with these Official Rules. In the event that the
potential winner is disqualified for any reason or forfeits the prize, Sponsor
will award the prize to an alternate winner by random drawing from among all
remaining eligible entries. Only three (3) alternate drawings will be held,
after which the prize will remain un-awarded.
6. Prize: ONE (1) GRAND PRIZE: One (1)
Peloton Tread. Winner also
will receive a check for $1,285 that is intended to assist with tax liability
related to the prize (the “Tax Gross-Up Payment”). The Grand Prize winner’s
actual tax liabilities related to the Grand Prize could exceed the Tax Gross-Up
Payment. The Grand Prize winner is solely responsible for all applicable
federal, state, or other tax obligations related to the Grand Prize. Sponsor
will not provide any further assistance toward a winner’s tax obligations. Approximate Retail Value
(“ARV”) of Grand Prize: $4,280. Please note that Peloton’s All-Access
Membership ($44/month) is not included and is required to access Peloton
content on the Peloton Tread. Accessories not included.
Prize is non-transferable, and no substitution will be made
except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute the prize for one of equal or greater value if the
designated prize should become unavailable for any reason. Winner is
responsible for all taxes and fees associated with prize receipt and/or use. Odds
of winning the prize depend on the number of eligible entries received during
the Promotion Period. Prize will be fulfilled approximately 8-10 weeks after
winner confirmation. Total ARV of all prizes: $4,280.
7. Release: By receipt of any prize, winner agrees
to release and hold harmless Sponsor, Administrator, and their respective
subsidiaries, affiliates, suppliers, distributors, advertising/promotion
agencies, and prize suppliers, and each of their respective parent companies
and each such company’s officers, directors, employees and agents
(collectively, the “Released Parties”) from and against any claim or cause of
action, including, but not limited to, personal injury, death, or damage to or
loss of property, arising out of participation in the Sweepstakes or receipt or
use or misuse of any prize.
8. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent
to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice,
opinions and/or hometown and state for promotional purposes in any media,
worldwide, without further payment or consideration.
10. Limitations
of Liability: The Released Parties are not responsible for: (1) any
incorrect or inaccurate information, whether caused by entrants, printing
errors or by any of the equipment or programming associated with or utilized in
the Sweepstakes; (2) technical failures of any kind, including, but not limited
to malfunctions, interruptions, or disconnections in phone lines or network
hardware or software; (3) unauthorized human intervention in any part of the
entry process or the Sweepstakes; (4) technical or human error which may occur
in the administration of the Sweepstakes or the processing of entries; (5) late,
lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole or in
part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any
reason an entrant's entry is confirmed to have been erroneously deleted, lost,
or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in
the Sweepstakes, if it is possible. No more than the stated number of prizes
will be awarded. In the event that
production, technical, seeding, programming or any other reasons cause more
than the stated number of prizes as set forth in these Official Rules to be
available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible
prize claims.
11. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any
form of class action, and exclusively by the United States District Court for
the Eastern District of Michigan or the appropriate Michigan State Court
located in Oakland County, Michigan; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Sweepstakes, but in no event attorneys’ fees; and
(3) under no circumstances will entrant be permitted to obtain awards for, and
entrant hereby waives all rights to claim, indirect, punitive, incidental and
consequential damages and any other damages, other than for actual
out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the entrant and Sponsor
in connection with the Sweepstakes, shall be governed by, and construed in
accordance with, the laws of the State of Michigan without giving effect to any
choice of law or conflict of law rules (whether of the State of Michigan or any
other jurisdiction), which would cause the application of the laws of any jurisdiction
other than the State of Michigan.
12. Entrant's Personal
Information:
Information collected from entrants is subject to Sponsor’s Privacy
Policy.
13. Winner List: For a winner list, please click HERE. The
winner list will be posted after winner confirmation is complete.
© 2023 Merkle Inc. All rights reserved.