Last updated: March 10, 2009

This Privacy Policy governs the treatment by SIRIUS XM Radio Inc. ("we", "us" or "SIRIUS XM") of both anonymous and personally identifiable information that SIRIUS XM collects when you use this website or our online media player (the "Site") and when you provide information to us in any medium for our Satellite Radio Service, Internet Radio Service, Mobile Device Radio Service, or any other service offered by SIRIUS XM (the "SIRIUS XM Service"). You can listen to the SIRIUS XM Service on a variety of radio receivers for the vehicle, home, and portable use, and via the Internet. Current subscribers and other users of our Sites and the SIRIUS XM Services are subject to, as applicable, our SIRIUS Terms & Conditions, or our XM Customer Agreement.

This website is owned by SIRIUS XM Radio Inc. We value your privacy and are dedicated to protecting your information and providing you with NOTICE about our information collection and use practices and how you have a choice about all of it.

COLLECTION
What personally identifiable or anonymous information do we collect and how do we get it?

USE
How do we use your information?
With whom may we share your information?
What is "behavioral advertising" and how does it affect you?

CHOICE
What choices do you have regarding collection, use and distribution of your information?
How can you inform us of your "privacy preferences"?

SECURITY
What security procedures do we use to protect your information

ACCESS
How can you update or correct the information we collected from you?

COLLECTION

Automatically Collected or Tracked Information. We automatically receive certain types of anonymous information which do not identify you personally, whenever you interact with us. The anonymous information includes the pages you view on our website, the search terms you enter into our search utility, your IP address and the operating system, browser software and internet service provider you use. SIRIUS XM logs IP addresses (a unique number assigned to every computer on the Internet) in order to improve security, analyze trends and administer the Site. We may track your movement within the Site, the third-party website pages from which you were referred, your use of the media player, access times and browser types. We use this information to gauge the effectiveness of our Site, track information for statistical purposes and to improve the products and services we provide.

We use the standard "cookie" feature of major browser applications and other data capture mechanisms that allow us to store data about your visit to our website. We store information that we collect through cookies, log files and other tracking technology such as clear gifs. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. Persistent cookies are used to differentiate users of the Site from subscribers, to customize the content of certain sections of the Site and to enable us to track and cater to the interests of users, in order to enhance their experience on the Site. Cookies help us learn which areas of our site are useful and which areas need improvement. We will not use cookies or other data capture mechanisms to collect any personally identifiable information about you.

You may configure your browser to prevent cookies from being set on your computer. If you reject cookies, you may still use the Site, but your ability to use some areas of the Site may be limited and you may not be able to use certain features of the Site, including setting your favorite channels, storing items in your shopping cart, or entering sweepstakes or contests.

Supplemental Information. We may supplement the information you provide us by acquiring commercially available demographic and marketing information from third parties to help us better serve you, for instance, to verify your address or to update your information and to create a profile of your preferences. We tie your personally identifiable information to information in the profile, and use it to improve the content of the Site for you or to inform you about products or services that we think will be of interest to you. We may also receive information from the retailer, dealer, or automaker from whom you obtained your satellite Receiver. We often receive information from the dealer from whom you purchase your product prior to initiating service with us. Some demographic information, which you are not required to provide, include: your gender, marital status, education and occupation; your household size and income; the number of drivers in your household; the make, model and age of your car; the make, model and features of your car audio system; whether you own or lease your car; information about your commute and the amount of time you spend driving; and your favorite musicians and types of music.

Users. We collect information you provide to us when you purchase products from us and when you subscribe to and/or use the SIRIUS XM Service. For example, you may provide us a billing address and credit card information, including your name, address, email address and telephone number, when you become a user of the SIRIUS XM Service or perhaps purchase a product through our online store. When you register online to subscribe, purchase and/or use the SIRIUS XM Service, you must complete a registration form that may require you to provide personally identifiable information, including your name, address, email address and telephone number. Our online registration forms may also request your date of birth.

Our website may also offer interactive services, such as chat rooms, forums and message boards. Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose personally identifiable information in these areas.

You must be at least eighteen (18) years old to register online for the SIRIUS XM Service or our games, contests, and promotions. If you are a minor (under the age of eighteen), please do not submit any personally identifiable information to us. We do not knowingly collect, maintain, or sell products or services to people under 18.

Third Party Links. Our website may contain links to other websites. We are not responsible for the content or privacy practices of those websites, including the use of personally identifiable information about you collected by those websites. We encourage you to be aware when you leave our Site and to read the privacy statements of websites you visit that collect personally identifiable information. This privacy statement applies only to information collected by us on the Site and collected when you subscribe to or use the SIRIUS XM Service or purchase products from us.

Advertisements. We may from time to time use various outside ad-serving companies and affiliates to serve advertisements on the Site. In the process of serving advertisements, the ad serving companies may place a cookie in your browser's cookie file and may use information about your visits to the Site and other websites in order to provide advertisements on the Site about products and services that may be of interest to you. By delivering ads on the Site, the ad-server is able to record what ads a user -- identified by the unique cookie -- has seen, and what pages the user was viewing when the ads were delivered. This web usage information is combined with other ad delivery information the ad-server has collected from your visits to the Site and other websites not affiliated with SIRIUS XM. With both cookies and other ad-serving technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address. This non-personally identifiable information is used as part of the ad-serving process for reporting and to select and direct the ads you see online at the Site and other websites not affiliated with us.

Surveys or Promotions. From time to time we may provide you the opportunity to participate in sweepstakes, contests or other promotions promoted on the Site, which might be sponsored or conducted by SIRIUS XM or by a third party. If you participate, we will request certain personally identifiable information from you. Participation in these promotions is completely voluntary and you will have a choice whether or not to disclose this information. The requested information typically includes contact information. Except as explained otherwise in the Official Rules for a particular contest, giveaway, or promotion, such as in a paragraph entitled "Privacy Notice" or similar, any personal information you provide will be used in accordance with this policy. If there is a third party sponsor involved please make sure to review that third party's privacy policy. In addition, from time to time you may be able to participate in our surveys to help us improve the SIRIUS XM Service. Except as may be explained otherwise in that survey, any personal information so collected will be used for our internal purposes only.

DO WE COLLECT INFORMATION ABOUT CHILDREN?
We do not knowingly collect, maintain, or sell products or services for purchase to people under 18 or use personal information from our websites about children under age 13. If a child who we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.

USE

USE OF ANONYMOUS INFORMATION:

We use the anonymous information we collect from our website and your IP address to administer our site, improve our goods and the SIRIUS XM Service, determine how our website is being used, identify popular areas of our website and analyze trends and usage patterns. We may use your IP address to help diagnose problems with our server.

PERSONAL INFORMATION:

Our Use. We receive and store any personal information you enter on the Site or give to us voluntarily in any other way and may use it to contact you from time to time. We will use your information to (i) provide and improve the SIRIUS XM Service, (ii) enforce the SIRIUS Terms & Conditions or XM Customer Agreement, as applicable, which govern your subscription for Services, (iii) offer you extensions of service, or new products and services, (iv) send you information on products, services, special deals, promotions, or information which we think may interest our users and subscribers, and (v) perform market research. We do not knowingly market or sell the SIRIUS XM Service to, or knowingly solicit information from, anyone who is under 18.

Telephone: Specifically, by registering on the Site, or by subscribing to the SIRIUS XM Service and providing your telephone number, you agree that this action constitutes a purchase, inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry, or your local State Do-Not-Call list, you expressly consent to receive future information about products and services from us, and in, that regard, you hereby consent to our contacting you pursuant to the business relationship established using the information you provided to us. This means we may contact you, in person or by recorded message, by e-mail, phone and/or cell number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g. video etc.), except as may be prohibited by law. (Please note that as of September 1, 2009, we will not contact you by the use of a prerecorded telephone message unless we have your prior express consent of a higher quality standard, as required by Federal law.)

Mail and Email: We may also send you information or offers from time to time to the postal address or email address we have on file.

On Air: If you provide us with information when you request that a song or other content be played on the SIRIUS XM Service, we may use your information to announce your name and request on the air.
Online: If you provide your name for a promotional offer to enter a sweepstakes or contest, and win a prize, we will post a winner's list online, and will file your name with state agencies if required by law.

Vendors. We employ other companies and individuals to perform functions on our behalf. Examples might include fulfilling orders, sending e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links and providing customer service. They have access to your personal information needed to perform their functions, but may not use it for other purposes. We use your credit card information, of course, only to charge you for any paid products and services you have authorized. We will not supply your credit card information to any third party except the credit card company or associated billing company.

Third Party Offers. We may share personally identifiable information and demographic information with third parties in order to have them send you special offers and promotions or other information we think you might find of interest. They may use your email address, postal address, or telephone number, to provide you with information about their products or services. You acknowledge and agree that we have this right to make our customer list, and portions thereof, and your information available to these select third parties. If you do not want us to provide your information to third party companies, it is your obligation to please let us know, by contacting us at either SIRIUS Customer Care at www.sirius.com/customercare, or XM Listener Care at www.xmradio.com/listenercare, or 1-800-XM-RADIO (1-800-967-2346).

Other Uses. We may use your personal information to contact you about the SIRIUS XM Service, or for other purposes in which you have expressed an interest, for example, if you have contacted customer service or made an inquiry.

Service Related Announcements. We will provide you with service and account related announcements on occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or the delivery of a service or product is delayed we might send you an email, or other message, or if there is some service issue with something you might have ordered. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to cancel your subscription or order by contacting us at SIRIUS Customer Care, www.sirius.com/customercare, or 1-888-539-7474, or XM Listener Care, www.xmradio.com/listenercare, or 1-800-XM-RADIO (1-800-967-2346).

Exceptional Circumstances. If SIRIUS XM or any of its lines of businesses or affiliated companies is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, the relevant databases of SIRIUS XM could, in whole or in part, be sold as part of that transaction. Therefore, information about our subscribers, users of the Site and the SIRIUS XM Service, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site or the SIRIUS XM Service, or sale or pledge of our company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company. The purchaser or transferee will be bound by the terms of this privacy policy. Information about our users, including personal information, may also need to be disclosed in connection with a commercial transaction where SIRIUS XM, or an affiliate, seeks financing, investment, support or funding.

We also may have to release personally identifying information if required to do so by law or in the good-faith belief that disclosure is necessary (a) to conform to the law or to comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or the rights or property of other users of our website; or (c) to act under exigent circumstances to protect the personal safety of users of our website or the public.

CALIFORNIA SUBSCRIBERS: California Civil Code Section 1798.83 permits our subscribers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us:

SIRIUS XM Radio Inc.
Attn: Legal Department - CA Privacy Rights
1500 Eckington Place NE
Washington, D.C. 20002

BEHAVIORAL ADVERTISING:

"Online behavioral advertising" as the Federal Trade Commission defines it, means the tracking of your online activities over time - including the searches you conducted, the web pages you visited, and the content viewed - in order to deliver advertising targeted to your particular interests. The definition is not intended to include "first party" advertising, where no data is shared with third parties, or "contextual advertising," where an ad is based on a single visit to a web page or a single search query.

SIRIUS XM tracks your online activities here on our sites to better serve you information regarding SIRIUS XM while you are here (i.e., "first party advertising"), and also to serve you information from third party advertisers. To do this, we share your anonymous information (not personal information) with third party ad serving companies. We do this so that while you are roaming the Internet, we may cause our agents to serve you with advertisements about the SIRIUS XM Service and products while you are on third party websites (i.e., "contextual advertising").

We retain your data, and require our ad serving companies to retain your data, only for as long as is necessary to fulfill these business purposes. We provide reasonable security measures for the data about your online activities, which measures are at least as secure as the security we use to protect our own information, and require our ad serving companies to do the same. These protections are appropriate to the sensitivity of the data we've collected, the nature of our business operations, and the types of risks faced by SIRIUS XM.

You have the power to take control of how SIRIUS XM tracks your online activities while you are on our website. Since we use the standard "privacy" feature of major browser applications to store data about your visit to our website, you may configure your browser to allow cookies to be set on your computer only to the level of your comfort. If you reject all cookies, you may not be able to use certain features of the Site, including setting your favorite channels, storing items in your shopping cart, or entering sweepstakes or contests. At the other end of the range, if you reject "third party" cookies, you have the greatest ability to opt-out of "contextual advertising" while you are on third party websites. Only you can control the access SIRIUS XM has to your anonymous information for "behavioral advertising."

CHOICE

You may opt-out of use of your information as set forth above by contacting, as applicable, SIRIUS Customer Care at www.sirius.com/customercare, or 1-888-539-7474, or XM Listener Care at www.xmradio.com/listenercare, or 1-800-XM-RADIO (1-800-967-2346).

You can also set your own preferences online for receipt of SIRIUS XM marketing and promotional emails by following the instructions included at the bottom of each newsletter.

In addition if you wish to set your preferences online for receipt of SIRIUS XM marketing and promotional emails or E-Newsletters, you can go to the SIRIUS Newsletter Preference Center at www.sirius.com/newsletters, or the XM E-mail Preferences page at www.xmradio.com/sign_up/unsubscribe.xmc.

SECURITY

Our website is highly secure, with extra security in place to protect personally identifiable information. We use a varied combination of security measures to safeguard the confidentiality of the personally identifiable information you provide us when you purchase or use our products or the SIRIUS XM Service. We have security procedures for the storage and disclosure of personal information, which you have given us in order to prevent unauthorized access. Our security measures for your personal information, and for the data about your online activities, are at least as secure as the security we use to protect our own information. We retain your data only for as long as is necessary to fulfill our business purposes. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

The Site may also contain links to other Web Sites. Keep in mind that we do not control, and are not responsible for, the privacy or security practices or the content of these other web sites.

SIRIUS XM ASSUMES NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION WHICH WE LAWFULLY PROVIDE TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS PRIVACY POLICY OR AGREEMENT BETWEEN THAT THIRD PARTY AND SIRIUS XM.

ACCESS

If for any reason you are concerned that the personal information you provided to SIRIUS XM is not correct, or should you wish to have your email address removed from our mailing list or contact information changed or updated, please contact, as applicable, SIRIUS Customer Care at www.sirius.com/customercare, or 1-888-539-7474, or XM Listener Care at www.xmradio.com/listenercare, or 1-800-XM-RADIO (1-800-967-2346). We will be happy to review, update or remove information as appropriate. We may still retain your information in our files, however, to resolve disputes, enforce our Terms and Conditions, and due to technical and legal requirements and constraints related to the security, integrity and operation of the Site and the SIRIUS XM Service.

NOTIFICATION OF CHANGES

The Effective Date of this Privacy Policy is set forth below. Please make special note of the Effective Date of this Privacy Policy. We may revise and update this Privacy Policy at any time without notice if our practices change, as technology changes, or as we add new services or change existing ones. These privacy practices apply to past, current and potential future subscribers who purchase and use our products and services. If we make any material changes to our Privacy Policy or how we handle your personal information or how we keep your purchases anonymous, you will know because the Effective Date of the Privacy Policy will change. By using the Site or the SIRIUS XM Service after the Effective Date, you are deemed to consent to our then-current privacy policy.

Please be assured that before we use any previously collected personal information of yours in a manner which is both materially different from promises we made when we collected that information, and retroactively for data collected prior to the new effective date of our policy revision, we will attempt to reach you to obtain your affirmative express consent before using that information in the new manner.

DISPUTES

If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Policy and, as applicable, either our SIRIUS Terms and Conditions, or our XM Customer Agreement, including limitations on damages, arbitration of disputes, and application of the laws of the State which governs the terms of the website and SIRIUS XM Service you use.

Effective Date: March 10, 2009

SIRIUS XM GROOVE CRUISE SWEEPSTAKES


OFFICIAL RULES

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 older.

HOW TO ENTER. To enter, go to www.sirius.com/area or www.xmradio.com/area, fill out our online entry form and click “submit” from 5PM Eastern Time (“ET”) on November 2, 2009 to 5PM ET on November 30, 2009 (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. Entrants agree to abide by the terms of these Official Rules and by the decisions of judges which are final. 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 United States. By participating in the sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, (ii) 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, Whet Travel Inc. or its subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, 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 your original submission on the radio for entertainment purposes (without identifying you by full name), without further compensation. Also, by entering this sweepstakes, if you are selected as a finalist or 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, in perpetuity. Even though you consent to all of the above, Sponsor has no obligation to do any of it. See more details at “Winner / Selection / Agreements” below.

PRIZES. One (1) GRAND PRIZE will be awarded, consisting of (a) round-trip coach air transportation for two to Miami, Florida (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 is located within 150 miles of the Destination immediately prior to the Events; (b) three (3) nights ocean view cabin for two (2) aboard the Groove Cruise (includes port taxes and surcharges); (c) two (2) passes to all Groove Cruise’s special events occurring January 29 – February 1, 2010 both on the cruise and on land (each, an “Event”). Approximate retail value (ARV) of Grand Prize is: $2,700. All other expenses not mentioned herein, including without limitation, ground transportation, meals, additional hotel amenities, fees and gratuities are the responsibility of the winner and traveling companions. Travel and hotel accommodations are subject to availability. Certain blackout dates and material restrictions may apply. Dates and location of Event are subject to change and are not the responsibility of Sponsor. If the Event is cancelled, Sponsor’s only obligation is to award the other elements of the Grand Prize. If selected, and Grand Prize winner is unable to travel on dates specified -- tentatively scheduled for January 29, 2010 through February 1, 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. If you win a prize valued at more than $600, you will receive an IRS Form 1099 for the actual value of your prize. Actual retail value of Grand Prize depends upon location of winner and fares at time of departure, among other things.

ODDS. Odds of winning depend upon the number of eligible entries received during the Entry Period. This sweepstakes is being advertised on the radio on the SIRIUS XM Area Channel on SIRIUS Radio 38 and XM Radio Channel 80, on the internet at http://www.xmradio.com/area, and www.sirius.com/area and in one email blast of our SIRIUS XM Highlights newsletter sent to approximately eight million email addresses.

WINNERS / SELECTION / AGREEMENTS. The winner will be determined in a random drawing to be held on or about November 30, 2009 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. Winners will be notified by telephone and must then give a valid email address for the purpose of sending an email containing a notification of potential winner status and required prize documents. TIME IS OF THE ESSENCE IN COMPLETING WINNER DOCUMENTATION TO DETERMINE ELIGIBILITY. With respect to the Grand Prize, except where prohibited, acceptance of prize constitutes winner’s consent, and winner and its guests will be required to sign a release, to allow Sponsor and its promotional agents to 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. The Grand Prize winner and winner’s guests 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, which winner must have valid US passports for travel to Bahamas. Trip winner’s guest must also sign and return a liability and publicity release prior to travel. Prize 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.

PRIVACY NOTICE / MARKETING. By entering this sweepstakes, any personal information you submit will be disclosed to the Sponsor and will be used only by us consistent with our privacy policies. Sponsor may use your personal information, including postal and e-mail addresses, to contact you regarding our goods and services and any other offers and/or promotions that we believe might be of interest to you. Be sure to read the Sirius Radio Privacy Policy [http://www.sirius.com/privacypolicy] and the XM Radio Privacy Policy [http://www.xmradio.com/about/privacy-policy.xmc], and the privacy policies of Whet Travel Inc. (877-438-9438).

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/area and www.xmradio.com/area. 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”), hereby release, and agree to defend, indemnify, and hold harmless the Sponsor, those working on their behalf, and all other businesses involved in this sweepstakes, 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 sweepstakes or the awarding, acceptance and use or misuse of a prize.

DISCLAIMER OF LIABILITY. RELEASED PARTIES 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 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 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. 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 November 30, 2009, 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.

© 2009 SIRIUS XM Radio Inc. SIRIUS, XM and all related marks and logos are trademarks of SIRIUS XM Radio Inc. and its subsidiaries. All other marks and logos are the property of their respective owners. All rights reserved.