HOW TO ENTER. SIRIUSXM IS ASKING OUR SUBSCRIBERS TO TELL US THEIR BEST STORIES ON WHY THEY WOULD LIKE TO COME TO THE SIRIUSXM STUDIO 54 RADIO CHANNEL LAUNCH EVENT IN NEW YORK CITY ON OCTOBER 18, 2011. STORIES CAN INCLUDE TOPICS SUCH AS HAVING BEEN AT STUDIO 54 DURING ITS HEYDAY, WHY YOU WANTED TO GO TO STUDIO 54 AND COULDN'T, WHAT STUDIO 54 MEANS TO YOU, ETC. This promotion starts at 5:00 p.m. eastern time ("ET") on September 23, 2011 and ends at 8:00 p.m. ET on October 7, 2011 (the "Entry Period"). You can only enter by calling 1-866-378-2888 (a toll-free phone number) when prompted to do so by an on-air announcement aired on the Studio 54 Radio channel on SiriusXM on the dates and times listed below (all times are ET and approximate) (each a "Promotion Window"). You enter this promotion by (1) calling the toll free number above when prompted during a "Promotion Window"; and (2) using your chance to tell, on the air, an entertaining story (your "Original Entry Material" which is your "Segment") keeping in mind the pre-defined judging criteria. Your opportunity to present your Original Entry Material is your "Entry." Your goal, as an "entrant" is to be the most entertaining caller and impress the Judges (defined below) with your Segment as you tell your story about why you should win tickets to the SiriusXM Studio 54 channel launch event in New York, New York on October 18, 2011. If, during your Segment the Judges think your Segment is not going to score sufficiently high on their criteria to make a worthy competitor among many, they will then drop the call and take another. Multiple Segments submitted by a single person during each Promotion Window will be void; only one Entry per person per Promotion Window. Everyone who gets through on the toll-free line will be eligible win. Not all Segments will be heard on-air, but are still eligible to win. All Entries become the property of Sponsor. LIMIT ONE PRIZE PER SUBSCRIBER AND ONE PER HOUSEHOLD, REGARDLESS OF THE NUMBER OF SIRIUS OR XM ACCOUNTS YOU MAY HAVE. "Promotion Windows" are as follows (all times are approximate):
Friday, September 23, 2011 between 5 p.m. and 8 p.m. ET
Friday, September 30, 2011 between 5 p.m. and 8 p.m. ET
Friday, October 7, 2011 between 5 p.m. and 8 p.m. ET
CONDITIONS OF ENTRY / ELIGIBILITY TO WIN. This promotion is open only to individuals who meet ALL of the following qualifications: (i) a legal resident of the 48 contiguous United States or the District of Columbia; or if a legal resident of Alaska or Hawaii, has a standalone SiriusXM Internet Radio subscription; or if a legal resident of Puerto Rico, has a Sirius Satellite radio subscription; (ii) has been an ACTIVE SIRIUS OR XM SUBSCRIBER, WITH EITHER A SELF-PAID OR AUTOMOTIVE-COMPANY PAID SUBSCRIPTION IN SPONSOR'S DATABASE CONTINUOUSLY SINCE AT LEAST SEPTEMBER 9, 2011; and (iii) is at least 21 years of age at time of entry; except wherever prohibited or restricted by law. Do not enter if you do not meet all of the above qualifications. By participating you agree: (i) to be bound by these Official Rules, including all eligibility requirements, (ii) to be bound by the decisions of Sponsor and its judges, which are final and binding in all matters, (iii) that your Entry is original work, not misappropriated, and will not infringe any third party's copyright, patent, trademark, or trade secret, or violate any third party's right of privacy, or entail libel or defamation, (iv) that if you are chosen as a Potential Winner, you are willing and able to make travel and lodging arrangements at your own personal expense for the Event (defined below) taking place in New York, NY; and (v) that by entering, you grant to the Sponsors, a royalty-free right and license to use your Segment, in whole or in part, in perpetuity, throughout the universe, in any and all media now known or hereafter devised, for the sole purpose of advertising and promoting, or reporting and editorializing upon this promotion. Employees of Sponsor, any entities related to the Studio 54 name or brand, or their respective subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, and members of their immediate family (e.g., spouses, parents, domestic partners, 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 a contestant to misrepresent himself or herself, through the use of aliases 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. This promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
SPECIAL PUBLICITY NOTICE. BY ENTERING THIS CONTEST, YOU WILL BE REQUIRED TO ASSIGN TO SPONSOR ALL RIGHTS OF OWNERSHIP IN YOUR ORIGINAL ENTRY MATERIAL. Sponsor may use it on its websites, the radio or television, may use it on its website, for entertainment purposes, in whole or in part (including identifying you by full name), without further compensation. By entering this contest, you grant to Sponsor your express permission (except where prohibited by law) to use in perpetuity your identity in connection with, and your Entry on the www.siriusxm.com website, and on the Sirius XM Studio 54 Radio Channel, in whole or in part, including your name, 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 on television, 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 all of it. See more details at "Winner / Selection / Agreements" below.
PRIZES. An unknown maximum quantity of prizes will be awarded but an absolute minimum quantity of FIFTY (50) Prizes will be awarded after all Promotion Windows are completed, with each Prize consisting of: (a) two (2) tickets to the SiriusXM Studio 54 radio channel launch event in New York, NY on the evening of October 18, 2011. The event incorporates performances by Studio 54 DJs and other notable guests, as well as refreshments. (These tickets are not available for sale. Approximate Retail Value ("ARV"): $0). Total ARV of all prizes to be awarded: $0.
TRANSPORTATION TO AND FROM THE EVENT IS NOT INCLUDED AND WINNERS AND THEIR GUESTS WILL BE RESPONSIBLE FOR ALL TRAVEL AND ACCOMMODATIONS IN NEW YORK, NY. All prize winners may bring one additional guest to the Event. Transportation for First Prize winners' guests shall be the responsibility of the winner or guest. First Prize winners' guests must also be at least 21 years of age. Prize is non-transferable, except at the sole discretion of Sponsor. In no event shall more than the number of stated prizes be awarded. ALL PRIZES WILL BE AWARDED AS LONG AS THERE ARE A SUFFICIENT NUMBER OF ELIGIBLE ENTRIES TO BE JUDGED. Prizes will be awarded to one of the eligible contestants based on final determination by Judges as to which stories are deemed the winners. 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.
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. Due to the nature of the Prize, neither Sponsor nor any of the Released Parties are responsible if any of the Events are cancelled or postponed. Event show date and venue are subject to change without notice. If any Event is cancelled, Sponsor's only obligation is to award the remaining elements of the Prize.
ODDS. Odds of winning depend upon the number of eligible entries received during the Entry Period, the skill of the entrants in their submissions, and the whim of the Judges. This promotion is being advertised (1) on the radio on various music, talk, entertainment and sports channels on both Sirius and XM Radio, (2) on the internet on various music, talk, entertainment and sports channel pages at www.siriusxm.com, (3) in any other venue that Sponsor and/or any SiriusXM Studio 54 radio channel on-air talent, or original Studio 54 nightclub related entity and their respective representatives and promotional agents might choose to mention it, (4) by unsponsored and sponsored members of the public in social media and online communities and possibly (5) via the SiriusXM Highlights e-newsletter that is delivered to approximately nine (9) million email addresses.
WINNER / SELECTION / AGREEMENTS. Sponsor will award an unknown maximum quantity of prizes but an absolute minimum quantity of FIFTY (50) Prizes will be awarded, when prompted and a sounder plays at the during each of the Promotion Windows listed above. All selections shall be conducted under the supervision of an independent panel of judges from Sponsor whose decisions are final and binding in all matters relating to this promotion. Potential Winners will be notified immediately after being selected and must then give their verifiable identification confirming identity, age, residence, and eligibility as the Account Holder for their Sirius or XM subscription. All pronouncements of potential winner status will be awarded as long as there are a sufficient number of eligible entries.
Acceptance of prize constitutes winner's consent, and winner and its guests will be required to acknowledge that Sponsor and its promotional agents may use winner's and winner's guests' 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 final prize notification is undeliverable, or if winner cannot be contacted for any reason during the time Sponsor must reach potential winner, 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 among those the Judges deemed sufficiently high among the remaining eligible entries.
JUDGING. All Entries will be judged by a panel of judges, made up of SiriusXM music programming experts who are the talent and staff of Studio 54 Radio, possibly curators, DJs, employees, and promoters of the original Studio 54 nightclub, and/or other related representatives and staff (the "Judges"), who will select potential Prize winners as they complete their story-telling, and from among all eligible Entries received as the Entry Period progresses, using the following criteria: 50% based upon relevance to the Studio 54 topic described in the "How To Enter" paragraph above (on a 50-point scale), 25% based upon originality of story (on a 25-point scale), and 25% on passion conveyed in the story (on a 25-point scale). On the first tier of judging, a tie will be broken based upon the highest score in the originality category. If a further tie exists, such tie will be broken by a re-judging of the tied entries on the second tier of judging, based on the score in passion only. PRONOUNCEMENT OF POTENTIAL PRIZE WINNER STATUS WILL BE AWARDED AS LONG AS THERE ARE A SUFFICIENT NUMBER OF ELIGIBLE ENTRIES. All submissions will be verified for eligibility (potential winners must have been an active Sirius or XM subscriber, with either a self-paid or automotive-company paid subscription in Sponsor's database continuously since at least September 9, 2011). The decisions of the judges shall be final and binding on all matters relating to this contest.
GENERAL CAUTION / RELEASE. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. If, in the Sponsor's or Judges' opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this contest, or if technical difficulties or technical corruption (including a computer virus or system malfunction) compromise the integrity of the contest, the Sponsor and Judges reserve the right to terminate the promotion and select winners from among all eligible Segments performed prior to termination. Should the promotion be terminated prior to the stated expiration date, notice will be posted at www.siriusxm.com. Any attempt to deliberately damage the content or operation of this promotion is unlawful and subject to legal action by the Sponsor and its agents. Judges' decisions are final in all matters relating to this contest. You agree, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives, successors and assigns ("RELEASING PARTIES"), hereby release, and agree to defend, indemnify, and hold harmless the Sponsor, those working on its behalf, and all other businesses involved in this contest, as well as each of their respective employees, officers, directors, agents and representatives, successors and assigns ("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, including for injury and death, 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, whether known or unknown, asserted or non-asserted, which may in any way arise out of or relate to your participation in this promotion or the awarding, acceptance and use or misuse of a prize.
DISCLAIMER OF LIABILITY. Sponsor shall not be responsible for (i) any typographical or other error in the publishing or printing of the offer or these Official Rules, administration of the promotion 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 contestant's or any other person's computer related to or resulting from participating in the contest; or (v) the failure of any third party to comply with the instructions and proper administration of this contest. You agree that the RELEASED PARTIES (defined above) shall not be liable for any injury, including death, loss or damage of any kind caused or claimed to be caused, by participation in this contest, 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 promotion 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 contest.
LAW / DISPUTE RESOLUTION. This promotion 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. Any and all disputes, claims, and causes of action arising out of or in connection with this promotion shall be resolved individually, without resort to any form of class action. Any action or litigation concerning this promotion 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 CONTEST. 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.
WINNER LIST. For the list of winner names, available after October 18, 2011, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this contest, but within 45 days of the end of the Entry Period to the Sponsor at the address set forth below, Attention: Promotions Department/Studio54 Contest.
SPONSOR. The Sponsors of this promotion are Sirius XM Radio Inc. and
XM Radio LLC, c/o Sirius XM Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020.
©2011 Sirius XM Radio Inc. Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc.