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Kids Place Live “Fantastic Mr. Fox” Contest on Sirius|XM
Calling all parents! Tune into The Absolutely Mindy Show on Kids Place Live Monday, November 23rd and Tuesday, November 24th beginning at 5:30 p.m. ET for your chance to win the ultimate holiday prize - a $500 gift certificate to the restaurant of your choice AND a 40” HD television. All you have to do is dial 1-866-328-2345 (a toll-free number) when given the cue to call, and tell us why you’re especially grateful for your family this Thanksgiving. The Absolutely Mindy Show will judge the calls and name the grand prize winner on Wednesday, November 25th during the show.
The contest is brought to you by “Fantastic Mr. Fox” - in theaters everywhere, for everyone on November 25th!
See official rules below.
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. This promotion has two (2) entry periods, starting at approximately 5:30 p.m. eastern time (“ET”), and ending at approximately 6:00 p.m. ET on Monday, November 23, 2009 and Tuesday, November 24, 2009 (the "Entry Periods"). You can only enter this giveaway by calling 1-866-328-2345 (a toll-free phone number) when prompted by an on-air announcement during the “The Absolutely Mindy Show” that airs on Kids Place Live on XM Radio and SIRIUS Radio channel 116 (same channel for both). The on-air host(s) will take a maximum of 100 callers combined for both entry periods (each caller, an “Entry” and, collectively, “Entries”) that will be asked to give the host a reason why they are thankful for their family and children. The host(s) will judge each story and choose the best amongst all eligible Entries to win the prize. Multiple entries (completed calls) submitted by a single person during any particular Entry Period will be void. Grand Prize winner will be announced on Wednesday, November 25, 2009 at approximately 5:30 p.m. ET.
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 giveaway is open to legal residents of the contiguous United States or the District of Columbia who are (A) at least 18 years of age at time of entry, except wherever prohibited or restricted by law, and (B) already subscribe or listen to XM Radio or SIRIUS Radio as of the start of the Entry Period. This giveaway is intended for play in the United States only and shall only be construed and evaluated according to United States law. By participating in the giveaway, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor (as defined below) and its judging organization, which are final and binding in all matters. Employees of Sponsor and of 20th Century Fox (a subsidiary of News Corp.), News Corp. or its subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, and respective 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 whom 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 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 giveaway. Entrants hereby release and hold harmless Sponsor from any and all claims, demands, losses, promises, causes of action, and liabilities arising out of the preparation for, or participation in, this promotion or any use/misuse of the prizes awarded hereunder. This giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
SPECIAL PUBLICITY NOTICE. By entering this giveaway you grant to Sponsor your express permission (except where prohibited by law) to use your entry on the radio for entertainment purposes (without identifying you by full name), without further compensation. Also, by entering this giveaway, if you are selected as the Grand Prize 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 “Privacy Notice / Marketing” and “Winner / Selection / Agreements” below.
PRIZE(S). One (1) Grand Prize will be awarded and will consist of: (a) one Proscan 40 in. (Diagonal) Class 1080p LCD HD Television; and (b) a $500 gift card to be used at winner’s favorite restaurant. Approximate retail value (ARV): $1,099. 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 prizes 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. If you win a prize valued at more than $600, you will receive an IRS Form 1099 for the actual value of your prize.
ODDS. Odds of winning depend upon the number of individuals attempting to get through on the telephone during the Entry Period, and the number of eligible entries during the Entry Period. This giveaway is being advertised on the radio at XM Radio and SIRIUS Radio Channel 116.
JUDGING. All Entries will be judged by a panel of judges, made up of producers and staff and on-air talent of the Absolutely Mindy Show (the “Judges”), who will choose one winner amongst all Entries received during the Entry Period, based on the following criteria: 50% based upon originality (on a 50-point scale), 35% relevance to the topic (on a 35-point scale) and 15% based on passion (on a 15 point scale). On the first tier of judging, a tie will be broken based upon the highest score in the passion 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 originality. Grand Prize winner will be announced after the Entry Period is over. The Grand Prize 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.
WINNER / SELECTION / AGREEMENTS. If you are chosen as a potential Grand Prize winner, you will be notified by phone 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 contest, the Sponsor’s web sites. 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 7 days of receipt of notification or prize will be forfeited and an alternate winner selected. Prizes will be awarded within 60 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 from among the eligible Entries. Sponsor reserves the right to modify notification procedures, in its sole discretion, if necessary due to time constraints.
PRIVACY NOTICE / MARKETING. By entering this giveaway, any personal information you submit will be disclosed to the Sponsor and 20th Century Fox, and will be used only by us consistent with our privacy policies. Sponsor and 20th Century Fox 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 interest you. Be sure to read the Sirius Radio Privacy Policy [http://www.sirius.com/privacypolicy], the XM Radio Privacy Policy [http://www.xmradio.com/about/privacy-policy.xmc], and the 20th Century Fox Privacy Policy at [http://foxus.rsys1.net/servlet/website/ResponseForm?MQNlE1zwkpOHJRwhspJR].
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, technical difficulties or technical corruption (including a computer virus or telephone system malfunction) compromise the integrity of the calls and winner selection, the judges reserve the right to terminate the giveaway and select winners from among all eligible entries received prior to termination. Should the giveaway 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 giveaway is unlawful and subject to legal action by the Sponsor and its agents. Judges’ decisions are final in all matters relating to this giveaway. 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 giveaway, 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 giveaway 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 giveaway or in the announcement of any entry period or prize; (ii) lost, late, misdirected, or incomplete entries; (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 telephone lines or at any web site or any combination thereof; (iv) any injury or damage to entrant or entrant’s property related to or resulting from participating in the giveaway; or (v) the failure of any third party to comply with the instructions and proper administration of this giveaway. 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 giveaway, or from the acceptance or use or redemption of any prize provided by independent suppliers. In the event Sponsor and its agents are prevented from continuing with the giveaway 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 giveaway.
LAW / DISPUTE RESOLUTION. This giveaway 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 giveaway shall be resolved individually, without resort to any form of class action. Any action or litigation concerning this giveaway 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 GIVEAWAY. 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 list of the winners, available after November 25, 2009, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this giveaway, but within 45 days of the above estimated awarding 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.
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