• 1. Participants
Rewards Program Rules
  • 1. Participants
  • 2. Rewards Period
  • 3. Accumulation of Rewareds
  • 4. Podcaster Rewards
  • 5. Listener Rewards
  • 6. General Terms and Conditions
Rewards Program Rules

Podopolo Limited-Time Rewards Program

Wings Media LLC dba Podopolo (referred to herein as “Podopolo,” “Sponsor,” “we” or like terms) offers the following Rewards Program (the “Program”). By joining the program, you agree that you have read, understood, and agree to be bound by these terms and conditions. The Program is subject to Podopolo’s Terms of Service and the Privacy Policy found at https://podopolo.com/ (the “Website”), as well as the following additional Program Terms & Conditions (“Terms & Conditions”):

1
Participants

All participants must be of the age of majority in the place of their residence.

  1. Participants: Participants include all Podcasters and Listeners that sign up for participation as detailed in this Section.

  2. Podcasters: In order to participate in the Program, a Podcaster must sign up to enter the via the ‘Podopolo Contest’ web page at https://contest.podopolo.com/podcaster before September 30, 2022, and opt-in to the Program by providing your full name, email, and cellphone (optional but recommended for ease of communicating winnings). To qualify for participation in the Program, you must have downloaded the Podopolo app (free in the Apple App Store and Google Play Store) and have created an account during the Entry Period. You will be notified of your participation by email.

  3. Listeners: In order to participate in the Program, a Listener must sign up to enter the via the ‘Podopolo Contest” web page at https://contest.podopolo.com before September 30, 2022, and opt-in to the Program by providing your full name, email, and cellphone (optional but recommended for ease of communicating winnings). To qualify for participation in the Program, you must have downloaded the Podopolo app (free in the Apple App Store and Google Play Store) and have created an account during the Entry Period. You will be notified of your participation by email.

2
Rewards Period

The rewards period begins May 15, 2022 at 12:00 a.m., Pacific Time and ends September 30, 2022 at 11:59 p.m., Pacific Time. (“Rewards Period”). As set forth below, a Participant must reach certain milestones during the Rewards Period to earn rewards. Any milestones achieved before or after the Rewards Period will not count toward a Participant’s Rewards earning.

3
Accumulation of Rewareds

Podopolo has established milestones that each Participant must meet in order to earn certain Rewards. During the Rewards Period, each Participant will automatically be eligible to claim the Rewards set forth in Sections 4 and 5 below, as applicable, once they achieve the relevant established milestone.EXCEPT AS SET FORTH BELOW, A PARTICIPANT WILL ONLY RECEIVE THE REWARD FOR THE HIGHEST MILESTONE ACHIEVED AT THE END OF THE REWARDS PERIOD AND WILL NOT RECEIVE REWARDS AT LOWER REWARDS LEVELS. PARTICIPANTS MAY ELECT TO RECEIVE REWARDS AT LOWER LEVELS BY FOLLOWING THE PROCEDURES BELOW.At any time during the Rewards Period, a Participant may claim their Rewards at the level currently earned by notifying Podopolo via email at contest@podopolo.com. If a Participant claims Rewards under a certain category or at a certain level prior to the end of the Rewards Period, that Participant’s achievements for that category (Podcaster/Listener) will be reset and the Participant will begin with their count at zero for that milestone category. For example, a Podcaster may achieve a milestone by having 100 new listeners create Podopolo accounts before the end of the Rewards Period. The Podcaster may claim the relevant Rewards as outlined in Section 4 at any time prior to the end of the Rewards Period. However, those 100 new listeners will not count towards higher milestones in the Listener Accounts Created category once the Reward has been claimed. Claiming the Rewards will not impact the milestones in the In-App Social Shares or Social Media Shares categories. If a Participant elects not to claim Rewards prior to the end of the Rewards Period, the milestones achieved through the Rewards Period will be finalized for each category and Rewards will be announced to each Participant and fulfilled as outlined in Sections 4 and 5 below.

4
Podcaster Rewards

  1. All Podcasters may earn certain rewards by reaching specific thresholds of activity on the Podopolo app. The thresholds are tied to reaching milestones within the following categories:
    1. Listener Accounts Created – milestones are based on the number of podcasters’ listeners who create Podopolo accounts,
    2. In-App Social Shares – milestones are based on the number of social shares by podcaster of podcasts, podcast episodes, and podcast clips on the Podopolo app, and
    3. Social Media Shares - milestones are based on the number of social shares by podcaster of podcasts, podcast episodes, and podcast clips on other social media networks.
    Participating Podcasters will receive the relevant Reward for the level they have reached in each category by the end of each Rewards Period as outlined below and as set forth in Section 3:
    • Listener Accounts Created
      • 10: A week of healthy meals for kids in Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 25: A $25 donation of emergency aid to Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: A $50 donation of emergency aid to Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 100: A $50 Amazon gift card and a 25% discount on one ENTIRE order of Perky Perky coffee and products with a link to the Perky Perky website and reward coupon emailed by Podopolo
      • 250: We plant 250 trees, with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 500: A $250 Amazon Gift card, plus 2 tickets to a Music concert to be redeemed within 12 months of the final day of the applicable Reward Period as selected by us in our discretion.
      • 1,000: VIP Tickets for 2 to a Music Festival at an available date to be redeemed within 12 months of the final day of the applicable Reward Period as selected by us in our discretion
      • 2,500: DJI Pocket Cam2 (Model # CP.OS.00000146.01, a stabilized 4K camera, retail value of $350) for first 10 to reach this threshold; otherwise, a YellowPop Neon "On Air" Sign (retail value $229)
      • 5,000: iPad Mini (Model # MK7M3LL/A, Apple's smallest tablet and newest model featuring a new design, the latest A15 Bionic chip, a USB-C port, and more, retail value of $542) for first 5 to reach this threshold; otherwise, a YellowPop Neon "On Air" Sign (retail value $229) for everyone else and a 25% discount on one ENTIRE order of Perky Perky coffee and products with a link to the Perky Perky website and reward coupon emailed by Podopolo
      • 10,000: Your Podcast featured in front of a live audience at Feast it Forward in Napa, CA at an available date to be redeemed within 12 months of the end of the Rewards Period. The first 5 to reach this threshold will also receive an iPhone 13 Pro (Model # MLTP3LL/A, Apple iPhone’s biggest Pro camera system upgrade ever with Super Retina XDR display with ProMotion, Lightning-fast A15 Bionic chip, Superfast 5G, Durable design and improved battery life, retail value $1099), and the next 5 to reach this threshold, after the iPhone recipients, will receive a GoPro Vlog Cam, Hero10 Black Creator Edition, retail value $534).
      • 25,000: Festival Podcast Partner: Your Podcast featured live on stage and video live streamed from a music festival (including 2 VIP festival tickets) and Feast It Forward at available dates to be redeemed within 12 months of the end of the Rewards Period, plus a YellowPop Neon "On-Air" Sign.

    • In App Social Shares
      • 5: Light up a home in India with solar power (1 day) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 10: Light up a home in India with solar power (1 week) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 20: Light up a home in India with solar power (1 month) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: Light up a home in India with solar power (1 year) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 75: Plant a tree with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 100: Remove 1 KG of C02 from the atmosphere with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
    • Social Media Shares
      • 10: Medical treatment for kids Ukraine (1 day) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 25: Medical treatment for kids Ukraine (1 week) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: Medical treatment for kids Ukraine (1 month) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 100: A YellowPop Neon "On-Air" Sign, (retail value $229)

  2. Podcaster Rewards are strictly limited to those rewards described in Section 4.a. All Rewards described in Section 4.a. are subject to change or cancellation by Sponsor in its sole and absolute discretion. Podcasters are not guaranteed or entitled to have the ability to request or demand any Reward elements that are not specifically stated in this Section. Rewards will be provided on an “as is” basis, without any representations and warranties whatsoever. Sponsor does not represent or warrant that any Reward adheres to or is in compliance with any applicable country, state, or federal safety, environmental and/or other standards or requirements. Neither Sponsor nor any third-party contractors, employees or others who assist with providing the rewards hereunder are responsible for the condition of the Rewards or any delays in transferring ownership of the Reward(s) to the Podcaster. Any and all costs and fees associated with the transfer of ownership and/or ownership of a Reward, including without limitation any transfer taxes, deed recording charges, closing costs, current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, and all other taxes, will be the sole responsibility of the Podcaster.

  3. Anticipated Reward Fulfillment Date: For any experiences or events rewarded, any available date(s) as determined by Prize Provider in its sole and absolute discretion, within 12 months of the end of the Rewards Period, and subject to satisfactory completion of any documentation as may be required for fulfillment and delivery of the prize. For any physical prize, delivery by UPS to the address provided by the Participant upon notification of reward. For any charitable social impact, via email notification.

  4. Taxes and Fees. Podcaster shall be responsible for all taxes or fees related to the acceptance of earned Rewards.

5
Listener Rewards

  1. Listeners may earn certain rewards by reaching specific thresholds of activity on the Podopolo app. The thresholds are specifically tied to reaching milestones within the following categories:
    1. Listening Hours – milestones are based on the number of hours you listen to podcasts on Podopolo
    2. In-App Social Shares – milestones are based on the number of social shares of podcasts, podcast episodes, and podcast clips on the Podopolo app, and
    3. Social Media Shares - milestones are based on the number of social shares of podcasts, podcast episodes, and podcast clips on other social media networks.

    Participating Listeners will receive the relevant Reward for each level they have reached in each category by the end of the Rewards Period as outlined below and as set forth in Section 3.

    • Listening Hours
      • 10: A week of healthy meals for kids in Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 20: A $25 donation of emergency aid to Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: A $50 donation of emergency aid to Ukraine with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact plus a Buy 1, Get 1 50% Off discount on Perky Perky coffee and products, with a link to the Perky Perky website and reward coupon emailed by Podopolo
      • 100: Tickets for 2 to a Music Festival to be redeemed within 12 months of the end of the Rewards Period
      • 250: We plant 100 trees on your behalf, with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact. The first 5 to reach this threshold will also receive an iPad Mini (Model # MK7M3LL/A, Apple's smallest tablet and newest model featuring a new design, the latest A15 Bionic chip, a USB-C port, retail value of $542), and the next 10 to reach this threshold after the iPad Mini recipients, an Apple AirTag (Model # MX532AM/A, retail value $35).
      • 500: Tickets for 2 to a Music Festival to be redeemed within 12 months of the end of the Rewards Period. The first 5 to reach this threshold will also receive an iPhone 13 Pro ($1099) , and the next 5 to reach this threshold after the iPhone recipients will receive an DJI Mavic Air 2 Drone (# CP.MA.00000167 with high-end imaging features and powerful flight performance in a compact form factor, retail value $860).

    • In App Social Shares
      • 5: Light up a home in India with solar power (1 day) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 10: Light up a home in India with solar power (1 week) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 20: Light up a home in India with solar power (1 month) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: Light up a home in India with solar power (1 year) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 75: Plant a tree with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 100: Remove 1 KG of C02 from the atmosphere with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact

    • Social Media Shares
      • 10: Medical treatment for kids Ukraine (1 day) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 25: Medical treatment for kids Ukraine (1 week) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 50: Medical treatment for kids Ukraine (1 month) with a certificate emailed from Podopolo and its partner B1G1.com verifying the giving impact
      • 100: A $50 Amazon gift card and a Buy 1, Get 1 50% Off discount on Perky Perky coffee and products. The first 5 to reach this threshold will also receive a DJI Pocket Cam2(Model # CP.OS.00000146.01, a stabilized 4K camera, retail value of $350).

  2. Listener Rewards are strictly limited to those elements described in Section 5.a. All Rewards described in Section 5.a. are subject to change or cancellation by Sponsor in its sole and absolute discretion. A Listener is not guaranteed or entitled to have the ability to request or demand any Reward elements that are not specifically stated in this Section. Rewards will be provided on an “as is” basis, without any representations and warranties whatsoever. Sponsor does not represent or warrant that any Reward adheres to or is in compliance with any applicable country, state or federal safety, environmental, and/or other standards and requirements. Neither Sponsor nor any third-party contractors, employees or others who assist with providing the rewards hereunder are responsible for the condition of the Rewards or any delays in transferring ownership of the Reward(s) to the Listener. Any and all costs and fees associated with the transfer of ownership and/or ownership of a Reward, including without limitation any transfer taxes, deed recording charges, closing costs, current and future real estate taxes, title insurance, homeowner’s hazard and liability insurance, and all other taxes, will be the sole responsibility of the Listener.

  3. Anticipated Rewards Fulfillment Date: For any experiences or events rewarded, any available date(s) as determined by Prize Provider in its sole and absolute discretion, within 12 months of the end of the Rewards Period, and subject to satisfactory completion of any documentation as may be required for fulfillment and delivery of the prize. For any physical prize, delivery by UPS to the address provided by the Participant upon notification of reward. For any charitable social impact, via email notification.

  4. Taxes and Fees. Listeners shall be responsible for all taxes or fees related to the acceptance of earned Rewards.

6
General Terms and Conditions

  1. Accepting a Reward. Podopolo will inform you of your reward(s) via email; you have one (1) week to respond and provide your physical address, if necessary, to send you your reward. If Podcasters or Listeners do not notify the Sponsor in writing within the provided deadline that the Podcaster or Listener is electing to accept the Rewards, then the Podcaster or Listener shall forfeit the opportunity to receive the Reward.

  2. Alternative Rewards. Sponsor reserves the right to require Podcasters or Listeners to take an Alternative Reward or remove the option of a Reward if the Podcaster or Listener does not wish to accept one of the Reward options presented by Sponsor (as applicable), or a Reward cannot be fully awarded or otherwise delivered to the Podcaster or Listener on or before the Anticipated Reward Fulfillment Date(s), for any reason, including without limitation due to a force majeure event, legal restrictions, supply chain disruptions, Reward supplier cancellation or delays, or failure of construction. Sponsor reserves the right to require the Podcasters or Listeners to remove the option of the Reward in the event (i) the Podcaster or Listener is not a citizen of the United States or (ii) the Podcaster or Listener does not reside in the United States.

  3. Warranty. Except as explicitly stated, all Rewards are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Podcasters or Listeners. Unless noted in the Reward details in this each relevant section above, Podcasters or Listeners are solely responsible for all taxes, costs, and fees associated with Reward receipt, ownership, and/or use. In order to accept any Reward, Podcasters or Listeners must accurately complete and timely return all documentation required by Sponsor and/or the Reward Provider. NEITHER PODOPOLO NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, REWARDS PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

  4. Intellectual Property. All third-party names and trademarks are the property of their respective owners.

  5. Compliance with Applicable Law. This Program is subject to and will comply with all applicable laws. Accordingly, this program is not open or available to anyone subject to any applicable economic sanctions and trade embargos, including the regulations administered by the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) and any related statute, executive order, or other governmental action (home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information) (“Economic Sanctions Laws”). This program is also not open or available to anyone who is barred as a recipient without an export license under applicable import and export laws and regulations, including the regulations the United States Export Administration Regulations (“EAR”) (bis.doc.gov) (“Import and Export Laws”). We value your privacy. The personal information collected from you in connection with this program will be used and disclosed by us in accordance with our Privacy Policy.

  6. Termination and Modification. This rewards program and all rewards are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these terms and conditions, and/or the rewards program or any aspect or feature of the program at any time without prior notice in our sole discretion, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. We reserve the right, at any time, in our sole discretion to: (i) exclude you from participation in the rewards program; (ii) discontinue your participation in the rewards program; and/or (iii) suspend or audit your membership in the program for any amount of time without prior notice. Any suspected abuse of the rewards program, failure to follow any of these terms and conditions, illegal activity, fraud, misrepresentation or other conduct inconsistent with these terms and conditions and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any rewards, may result in the revocation of your membership in the program, loss of accrued points, and make you ineligible for further participation. If your membership in the program is revoked, any rewards will automatically expire. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these terms and conditions, we also have the right to take appropriate legal action.

  7. Limitation of Liability. YOU AGREE THAT NEITHER PODOPOLO NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, REWARDS PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. FURTHER, NEITHER PODOPOLO NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, REWARDS PARTNERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

  8. Indemnification. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, rewards partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.

  9. Governing Law. The program and these terms and conditions will be governed by and construed under the substantive laws of the State of Delaware, United States of America, without regard to its conflicts of laws principles. as if they were a contract wholly entered into and wholly performed within California and without reference to conflict-of-laws considerations.

  10. Arbitration. Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in the rewards program.As a condition of participation, you and we each agree that any dispute, controversy, or claim arising out of or relating to the program or these terms and conditions, or the breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) shall be resolvedsolely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. Participant and Sponsor agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules and that this arbitration provision shall survive termination of these Official Rules.

  11. Class Action Waiver: You and we each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.

  12. Limited Remedies: Except as may be provided below, or prohibited by law, you and we each agree that, for any dispute, claim, or controversy arising out of or relating to the program or these terms and conditions or the breach, termination, enforcement, interpretation, or validity thereof, their remedies are limited to a claim for money damages (if any) and they each irrevocably waive any right to seek injunctive or equitable relief.

  13. Dispute Resolution and Notification of Claims: Prior to bringing a Claim, you and we each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“ Notice”) by certified mail to the other party. All Notices to us must be sent to the Podopolo address set out below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within forty-five (45) days after receipt of the Notice, then Participant or Sponsor may initiate arbitration proceedings as set out below.

  14. Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“ JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which Sponsor is incorporated. The arbitration may be conducted via videoconference or in-person in the county (or other municipality) where Sponsor is located, unless you and we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and we may take one deposition of the opposing party, limited to 4 hours. If you and we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining the arbitrator’s findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these terms and conditions.

  15. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against us, you will be responsible for paying the consumer filing fee. All other JAMS-included fees (including filing, administration, and arbitrator fees and expenses) shall be split equally. Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.

  16. Arbitration Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either of you or us. You and we agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington, Delaware, or the United States District Court for the District of Delaware.

  17. Severability: If any part of these provisions relating to arbitration are deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.

  18. Contact Information. For information about the program, contact us via email at contest@podopolo.com or by mail at Podopolo, c/o Podopolo, 2219 Main St, Unit #278, Santa Monica, CA 90405. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.