Sirius XM’s The Pulse and Aloft Hotels Presents: Live in the Vineyard 6 Trip Giveaway
No Purchase Necessary To Enter or Win.
A purchase will not increase your chances of winning.
Void where prohibited. U.S. Law Governs.
Open only to legal residents of the contiguous United States, and the District of Columbia, 21 and over.
HOW TO ENTER. To enter, go to www.sirius.com or www.xmradio.com , fill out our online entry form and click “submit” from 5PM Eastern Time (“ET”) on September 10, 2010 to 5PM ET on October 19, 2010 (the "Entry Period"). You can only enter this sweepstakes by online entry. Limit one entry per person. Proof of submission will not be deemed to be proof of receipt. All entries and requests become the property of Sponsor and will not be acknowledged or returned. Multiple entries submitted by a single person during any particular entry period using the same e-mail address are void. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CONDITIONS OF ENTRY / ELIGIBILITY TO WIN. This sweepstakes is open to legal residents of the U.S.A. or the District of Columbia who are at least 21 years of age at time of entry, except wherever prohibited or restricted by law. This sweepstakes is intended for play in the United States only and shall only be construed and evaluated according to United States law. Do not enter this sweepstakes if you are not located in the 48 contiguous United States or the District of Columbia, and are at least 21 years of age. By participating in the sweepstakes (i) You agree to be bound by these Official Rules, including all eligibility requirements, (ii) You agree to be bound by the decisions of Sponsor and its judging organization, which are final and binding in all matters, and (iii) agree that if determined the GRAND PRIZE WINNER, and you have won any prize valued at over $600 from Sponsor within the last six (6) months, you will agree to forfeit winner status to the next eligible entrant in the drawing. Employees of Sponsor, or its subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, employees of Navigator Company, and Starwood Hotel & Resorts and members of their immediate family (e.g., spouses, parents, children, siblings, grandparents) or household (i.e., people who share the same residence at least 3 months a year (whether related or not), and those with home such employee is domiciled, are not eligible to win. Entries that are incomplete or corrupted are void and will not be eligible. Any effort by an entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify all entries of such individual. Sponsor and its agents reserve the right to verify eligibility qualifications of any winner. Failure to comply with these Official Rules may result in disqualification from the sweepstakes. This sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
SPECIAL PUBLICITY NOTICE. By entering this sweepstakes you grant to Sponsor your express permission (except where prohibited by law) to use the fact of your entry on the radio for entertainment purposes without further compensation. Also, by entering this sweepstakes, if you are selected as a winner, you grant to Sponsor your express permission (except where prohibited by law) to use your name, identity, description of prize won, hometown and likeness, if applicable, for promotional purposes, in any media now known or hereafter developed, including on the radio, and including for “live notification” of potential winner status purposes, without further compensation. Even though you consent to all of the above, Sponsor has no obligation to do any of it. See more details at “Winner / Agreements” below
PRIZE. One (1) Grand Prize will be awarded, consisting of (a) round-trip coach air transportation for two to Oakland, CA, San Francisco, CA, or Sacramento, CA (the "Destination") from a major commercial airport in the continental United States, near the winner’s primary residence, as determined by Sponsor; provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination; (b) three (3) nights hotel accommodations at the Silverado Resort (one double occupancy room and room tax only); (c) two (2) exclusive tickets for a private acoustic concert which, as of the posting of these Official Rules prior to the start of the Entry Period is expected to include Alpha Rev, Crystal Bowersox, Guster, Hedley, James Blunt, Joshua Radin, KT Tunstall, Neon Trees, Runner Runner, and Zac Brown Band, in Napa Valley, CA on November 14 and November 15; and (d) two (2) passes to tour the famous caves of the Miner Winery. (TOTAL Approximate Retail Value (ARV) = $3,000). All other expenses not mentioned herein, including without limitation, ground transportation, meals, airline seat upgrade fees, airline flight change fees, airline checked baggage fees, additional hotel amenities, fees and gratuities, are the responsibility of the winner and traveling companion. Travel and hotel accommodations are subject to availability. Certain blackout dates and material restrictions may apply. Dates and location of Events are subject to change and are not the responsibility of Sponsor. If any Event is cancelled, Sponsor’s only obligation is to award the other elements of the prize. IF SELECTED AND GRAND PRIZE WINNER IS UNABLE TO TRAVEL ON DATES SPECIFIED -- TENTATIVELY SCHEDULED FOR NOVEMBER 12, 2010 – NOVEMBER 15, 2010 -- THE SELECTED GRAND PRIZE WINNER WILL FORFEIT THE PRIZE AND ANOTHER WINNER WILL BE SELECTED FROM AMONG ELIGIBLE ENTRIES RECEIVED. No prize substitution, cash substitution, or assignment or transfer of prizes is permitted, except by Sponsor who may substitute a prize of equal or greater value if any portion of the advertised prize becomes unavailable. In no event shall more than the number of stated prizes be awarded. All prizes will be awarded. Any un-used elements of the Grand Prize will be forfeited, will not be redeemable for cash and may not reduce the prize value awarded for tax purposes. All federal, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner. Taxes are the responsibility of the winner. Actual retail value of prize depends upon location of winner and fares at time of departure, among other things. Grand Prize winner will receive an IRS Form 1099 for the actual value of Grand Prize.
ODDS. Odds of winning depend upon the number of eligible entries received during the Entry Period. This sweepstakes is being advertised (1) on the radio on the Pulse Channel on SIRIUS Radio 12 and XM Radio 26, (2) on the internet on the Pulse channel pages at www.sirius.com and www.xmradio.com, and (3) via the SIRIUS XM Highlights e-newsletter that is delivered to approximately nine (9) million subscribers.
WINNER / SELECTION / AGREEMENTS. The winner will be determined in a random drawing to be held on or about October 19, 2010 following the close of the Entry Period from among all eligible entries received under the supervision of an independent panel of judges from Sponsor whose decisions are final and binding in all matters relating to this sweepstakes. If you are chosen as a potential winner, you will be notified by telephone and must then give a monitored e-mail address, to be used for the purpose of sending a package containing a notification of potential winner status and required documents. Except where prohibited, acceptance of prize constitutes winner’s consent, and winner will be required to sign a release, to allow Sponsor and its promotional agents to use winner’s name, likeness, photo, video footage, and/or biographical data for advertising and promotional purposes, without additional compensation, in perpetuity, in all media, now known or hereafter developed, in connection with Sponsor, this sweepstakes, the Sponsor’s web sites, and the Event, if any, which the Prize winner will have attended as part of the PRIZE OPTION chosen upon entry. Winner will be required to sign and return to Sponsor an Affidavit of Eligibility, Publicity & Liability Release (“Affidavit”) and/or IRS Form W-9 (if required by IRS regulations), prior to and as a condition of acceptance of prize, within 24 hours of receipt of notification or prize will be forfeited and an alternate winner selected. If your prize permits you to have a guest, your guest must also sign and return a liability and publicity release prior to participation in the event or travel. Prizes will be awarded within 30 days after receipt and verification of completed prize notification. If prize notification is undeliverable, or if winner cannot be contacted for any reason during the time Sponsor must reach winner, if the Affidavit is not complete and received by Sponsor within the time required, or in the event of non-compliance with these Official Rules, the prize will be forfeited, and an alternate winner will be selected at random from the remaining eligible entries. All travel companions must be at least 21 years old at time of travel.
GENERAL CAUTION / RELEASE. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. If, in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this drawing, or if technical difficulties or technical corruption (including a computer virus or system malfunction) compromise the integrity of the drawing, the judges reserve the right to terminate the sweepstakes and select winners from among all eligible entries received prior to termination. Should the sweepstakes be terminated prior to the stated expiration date, notice will be posted at www.sirius.com and www.xmradio.com. Any attempt to deliberately damage the content or operation of this drawing is unlawful and subject to legal action by the Sponsor and its agents. Judges’ decisions are final in all matters relating to this sweepstakes. You agree, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor, and all other businesses involved in this sweepstakes, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize.
DISCLAIMER OF LIABILITY. Sponsor shall not be responsible for (i) any typographical or other error in the publishing or printing of the offer, administration of the sweepstakes or in the announcement of any prize; (ii) lost, late, misdirected, damaged, illegible or incomplete entries, or postage due mail; (iii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iv) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the sweepstakes; or (v) the failure of any third party to comply with the instructions and proper administration of this sweepstakes. You agree that the Sponsor, its parent, affiliates, directors, officers, employees, and agents, and their market research agencies and employees shall not be liable for injury, including death, loss or damage of any kind caused or claimed to be caused, by participation in this sweepstakes, or from the acceptance or use or redemption of any prize including travel and accommodations provided by independent suppliers. In the event Sponsor and its agents are prevented from continuing with the sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within their control, Sponsor and its agents shall have the right to modify, suspend, extend or terminate the sweepstakes.
LAW / DISPUTE RESOLUTION. This sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A., without regard to its conflicts of laws provisions that may require the application of the laws of another jurisdiction. You hereby release, and agree to defend, indemnify and hold harmless Sponsor, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to your participation in this sweepstakes or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims, and causes of action arising out of or in connection with this sweepstakes shall be resolved individually, without resort to any form of class action. Any action or litigation concerning this sweepstakes shall take place exclusively in the federal or state courts sitting in New York, New York, and you expressly consent to the jurisdiction of and venue in such courts and you waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. You agree to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
WINNERS LIST. For the name of the winner, available after October 19, 2010, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this sweepstakes, but within 45 days of the above estimated drawing date to the Sponsor at the address set forth below, Attention: Promotions Department.
SPONSOR. The Sponsors of this promotion are SIRIUS XM Radio Inc. and XM Radio Inc., c/o SIRIUS XM Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020.
© 2010 SIRIUS XM Radio Inc. SIRIUS, XM and all related marks and logos are trademarks of SIRIUS XM Radio Inc. and its subsidiaries.