 |
|
| |
SIRIUS|XM STARS TOO HOMEGROWN CONTEST
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, 18 and older.
HOW TO ENTER. To enter, you must (A) be an unsigned performer/band, (B) submit one (1) audio compact disc recording of an un-released material demo which is no longer than four minutes in duration (a “RECORDING”), (C) a completed “Pre-Entry Affidavit of Eligibility, Publicity, Assignment, Release of Liability & Agreement” (“AFFIDAVIT”), and (D) a completed entry data form, both forms available at http://www.sirius.com/pdf/pre-entry_affidavit_homegrown.pdf, (your Recording, AFFIDAVIT, and entry data form, combined, an “Entry”). An Entry must be submitted in the name of a single individual. Each Entry must be sent via first class mail to the following address: SIRIUS XM Radio Inc., 1221 Avenue of the Americas, New York, New York 10020, Attention: Homegrown Contest – Jay Thomas Contest (the “Promotion Address”), must be POSTMARKED by 11:59 pm December 4, 2009, and be received by Sponsor by close of business December 11, 2009 (the "Entry Period"). Incomplete Entries and Entries delivered in person or sent by express, priority, registered, certified and messenger mails are ineligible. 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 permitted but only one entry per person is eligible to be a Potential Finalist. You may be known as “TEAM [Fill in the blank]” only if “entrant,” 18 and older, is the lead Contestant, on behalf of anyone under age 18 on the TEAM (each, a “Minor”). Any Minor who is a contributor to, or audible on, the Recording (along with Contestant, each a “Participant”) must have a parent or legal guardian sign a duplicate copy of the AFFIDAVIT on behalf of the Minor.
CONDITIONS OF ENTRY / ELIGIBILITY TO WIN. This contest is open to legal residents of the U.S.A. or the District of Columbia who are at least 18 years of age at time of entry, except wherever prohibited or restricted by law. This contest 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 contest if you are not located in the United States. By participating in the contest you agree (i) to be bound by these Official Rules, including all eligibility requirements; (ii) to be bound by your Entry AFFIDAVIT; (ii) to be bound by the decisions of Sponsor and its judges, which are final and binding in all matters; (iii) that your contest Entry submission is, and, if applicable, your RECORDING will be, original work, not misappropriated; 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; and (iv) that your Entry and, if applicable, your performance will not infringe any third party’s contractual rights (including non-competition agreements). Employees of Sponsor, JayThomas.com, or their respective shareholders, 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 a contestant to misrepresent himself or herself through the use of aliases or multiple submissions 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 contest. This contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
SPECIAL PUBLICITY NOTICE. BY ENTERING THIS CONTEST, AND SUBMITTING THE ENTRY AFFIDAVIT, YOU WILL BE REQUIRED TO ASSIGN TO SPONSOR ALL RIGHTS OF OWNERSHIP IN YOUR ORIGINAL UN-RELEASED SONG, INCLUDING MUSIC AND LYRICS, PERFORMANCE, AND THE RECORDING. Sponsor may use it on its websites, the radio or television, and JayThomas.com 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, (1) you grant to JayThomas.com your express permission (except where prohibited by law) to use in perpetuity your identity in connection with, and your Entry and the un-released song RECORDING on the JayThomas.com website, and (2) if you are selected as a winner, you grant to Sponsor your express permission (except where prohibited by law) to use in perpetuity your identity in connection with, your Entry and the un-released song RECORDING on the Sirius XM Stars Too 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 / Agreements” below.
PRIZE. One (1) GRAND PRIZE will be awarded, consisting of (a) $500 (in the form of a company check) (ARV: $500). 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.. In no event shall more than the number of stated prizes be awarded. All prizes will be awarded. 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. The final version of the winning song to be used for “Jay Thomas Show” is subject to alteration, editing, re-production as to content. ALL RIGHTS TO THE RECORDING ARE GRANTED BY THE ENTRY AFFIDAVIT TO THE SPONSOR, AND INCLUDE THE ASSIGNMENT OF ALL RIGHTS OF OWNERSHIP IN THE UN-RELEASED SONG, PERFORMANCE, AND ENTRY RECORDING, TO THE SPONSOR. Grand Prize is non-transferable. In no event shall more than the number of stated prizes be awarded.
ODDS. Odds of winning depend upon the number of eligible entries received during the Entry Period. This contest is being advertised on the radio on the Sirius XM Radio on Sirius XM Stars Too channel on each of SIRIUS Radio 108 and XM Radio 139 and on the internet at www.jaythomas.com, www.sirius.com/siriusxmstarstoo and http://www.xmradio.com/onxm/channelpage.xmc?ch=139.
JUDGING. All Entries will be judged by a panel of judges, made up of producers and staff of the Jay Thomas Show on Sirius XM Stars Too and on-air talent (the “JUDGES”), who will select up to three (3) finalists (each, a “POTENTIAL FINALIST”) from among all eligible Entries received during the Entry Period, solely on the basis of the un-released song RECORDING submitted upon Entry, using the following criteria: 25% based upon Originality (on a 25-point scale), 25% based upon Creativity (on a 25-point scale), 25% based upon perceived Best Lyrics (on a 25-point scale) and 25% based upon quality of sound production (on a 25-point scale). The actual number of Potential Finalists may vary depending upon the number and quality of qualified Entries. In the first round of judging, a tie will be broken based upon the highest score in the Originality category. Any further tie will be broken by a re-judging of the tied entries based upon the perceived best lyrics category only. Potential Finalists will be selected on or about December 12, 2009. Finalists’ Entry Recordings will be posted on www.jaythomas.com for listeners to review. The Potential Grand Prize Winner will be judged from among all Potential Finalists by one or more individuals from the panel of Judges, on or about December 17, 2009. All pronouncements of Potential Finalist status will be awarded as long as there are a sufficient number of eligible Entries. The decisions of the Judges shall be final and binding on all matters relating to this contest.
REQUIRED AGREEMENTS OF ENTRANTS. In order to complete your Entry, you must return, an original, signed Pre-Entry AFFIDAVIT (referred to above), signed not only by you but also by all participants in the songwriting and performers depicted in the RECORDING (each, a “Participant”). As a contestant, in the AFFIDAVIT you, and any others required to sign the AFFIDAVIT, are required to make the following representations and agreements to Sponsor: (1) not to read any paid or promotional announcements on your Entry RECORDING; (2) not to incorporate any Minor in your RECORDING, or, if any Minor is incorporated, each is represented by a parent or legal guardian in the signing of the AFFIDAVIT on their behalf; and (3) you will not, in perpetuity, without the written consent of Sponsor, participate in any interview for publication or broadcast in any media regarding Sponsor or any of their businesses or prospects, regarding this Contest, except for incidental references for personal promotion. THE AFFIDAVIT REQUIRED TO BE SIGNED UPON ENTRY WILL REQUIRE YOU TO ASSIGN ALL OWNERSHIP RIGHTS IN YOUR UN-RELEASED SONG, PERFORMANCE AND RECORDING, SUBMITTED AS ENTRY. If any Minor is audible in the RECORDING, a parent or legal guardian shall be required to sign the AFFIDAVT on such Minor’s behalf, and to grant the above mentioned rights, on behalf of the Minor.
PRIVACY NOTICE / MARKETING. By entering this contest, any personal information you submit will be disclosed only 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 contestants regarding our goods and services and any other offers and/or promotions that we believe might interest 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].
GENERAL CAUTION / RELEASE. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. ENTRIES MUST BE SUBMITTED PERSONALLY BY THE CONTESTANT DEPICTED IN THE ENTRY RECORDING, AND SPONSOR SHALL HAVE NO LIABILITY WHATSOEVER IN THE EVENT OF THIRD-PARTY ENTRY SUBMISSIONS. If, in the 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 Judges reserve the right to terminate the contest and select winners from among all eligible entries received prior to termination. Should the contest be terminated prior to the stated expiration date, notice will be posted at www.sirius.com/siriusxmstarstoo. Any attempt to deliberately damage the content or operation of this contest 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, and each individual signing the Entry AFFIDAVIT, including those signing on behalf of a Minor (“RELEASING PARTIES”), hereby release, and agree to defend, indemnify, and hold harmless the Sponsor, JayThomas.com, those working on their 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 contest 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, administration of the contest 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 contest 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 contest 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 contest shall be resolved individually, without resort to any form of class action. Any action or litigation concerning this contest 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 name of the winner, available after December 18, 2009, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this contest, but within 45 days of the above estimated judging 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.
| |
|
|
|
|
|