SiriusXM Canada s Boots and Hearts Contest CONTEST RULES

Transcription

1 SiriusXM Canada s Boots and Hearts Contest CONTEST RULES 1. CONTEST SiriusXM Canada s Boots and Hearts Contest (the Contest ) is sponsored by SiriusXM Canada ( SiriusXM Canada ), the business name of Sirius XM Canada Inc. Whenever we refer to SiriusXM Canada, 'we,' 'our,' 'us,' 'xmradio.ca,' sirius.ca, or siriusxm.ca in these Official Contest Rules (the Rules ) we are referring to Sirius XM Canada Inc. and its affiliates. The Contest will be run in accordance with these Rules, subject to applicable federal, provincial and municipal laws and regulations. The Rules are subject to change without notice in order to comply with any federal, provincial and municipal laws, as applicable. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between any of the entrants and SiriusXM Canada and/or the Administrator, as defined below, shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction s laws. Country Music Television Ltd. is the Contest administrator only (the Administrator ), and is not a sponsor of the Contest. To review the Administrator s privacy policy, visit Neither the Administrator, its parent company nor any of its Affiliates (as that term is defined in Canada Business Corporations Act) nor their respective officers, directors, agents, representatives, successors and assigns shall have any liability in connection with the Contest or fulfillment of the Grand Prize or Secondary Prizes, in whole or in part. Prize winners must arrange and coordinate the fulfillment of the Grand Prize and Secondary Prizes with Sirius XM Canada directly and in all respects.

2 These Rules incorporate by reference our website ( and the Administrator s website s ( Terms of Use and Privacy Policies which apply to everyone who accesses and uses the applicable website. We reserve the right to change the Terms of Use without notice. 2. ELIGIBILITY Subject to the conditions below, the Contest is only open to legal residents of Canada, excluding Quebec, who are the age of majority or older in their province or territory of residence at time of entry. By participating in this Contest, participants agree to be bound by these Rules and by the decisions of SiriusXM Canada which are final in all matters relating to this Contest and furthermore acknowledge compliance with these Rules. Employees, agents or representatives of SiriusXM Canada, the Administrator, their immediate families and the persons with whom they are domiciled are not eligible to enter. SiriusXM Canada reserves the right to make the final decision in respect of any and all Contest matters. If you wish to receive future news or offers from SiriusXM Canada, select the opt-in box on the entry form. Entry into the Contest is not conditional upon this opt-in and you may opt out of receiving news or offers from SiriusXM Canada at any time. 3. HOW TO ENTER No purchase necessary. There is a limit of one (1) entry per person per day whether by online or letter mail registration. If it is discovered that you attempted to enter more than the permitted number of times during the Contest Period (as defined) then you will be disqualified from the Contest and all of your entries will be void, such decision to be made by SiriusXM Canada.

3 Starting at 9:59am EST on June, 28, 2013 until 2:00pm EST on July, 12, 2013 (the Contest Period ), entries may be made: a. Online, by going to and completely filling out the Contest entry form. To qualify for the Contest draw, the entry ballot must be filled out in its entirety, including full name, address, city, province, postal code, and phone number. A valid address must be provided. To enter this Contest online your computer must accept cookies or any successor or similar technology (whether now known or hereafter devised or discovered) which may be used by SiriusXM Canada and/or the Administrator for the purpose of tracking entries to this Contest. By becoming a registered entrant (an Entrant ) of the Contest you agree to be bound by these Rules and the applicable Terms and Conditions and Privacy Policy. b. By letter mail postmarked no later than July 11, 2013, by printing on a piece of paper your full legal name, city or town of residence, address, phone number and postal code and mailing it to: SiriusXM Canada c/o SiriusXM Canada s Boots and Hearts Contest 135 Liberty Street, 4th Floor Toronto, ON M6K 1A7 All entries become the physical property of Sirius XM Canada Inc. and will not be acknowledged or returned. 4. SECURITY. If you are entering the Contest via the Internet, you may only enter this Contest if your browser permits connection to a secure, industry-standard SSL-enabled server. Neither SiriusXM Canada nor the Administrator assumes any responsibility for tampering, theft, defects, human errors including negligence, deletions, technical or telephone problems, undeliverable messages, computer errors, lost, misdirected, late or incomplete entries or for any online difficulties that may result in the failure to consider an Entrant for any of the prizes offered. Click on and visit

4 for more information on the security associated with the website. Further, SiriusXM Canada reserves the right to modify or cancel this Contest without prior notice and is not responsible for production or printing errors, technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus damage or any other damage which may limit a participant s ability to participate in the Contest. Neither SiriusXM Canada nor the Administrator is responsible for any entries that are incomplete, lost, misdirected or destroyed. 5. PRIZES. One (1) Grand Prize consisting of: Two (2) VIP tickets to the Boots and Hearts Music Festival in Bowmanville, Ontario August 2 st through 4 th, Two (2) return flights, from any major city within Canada with a direct flight available to Toronto, Ontario, up to a cost limit of CAD $1,000 per person, departing Friday, August 2, 2013 and returning Monday, August 6, 2012, subject to date and flight availability. Single room, double occupancy, three (3) night accommodations at a hotel selected by SiriusXM Canada. VISA gift card in the amount of CAD $1000. One (1) SIRIUS Radio with a 6 month subscription *Prize does not include meals or ground transportation Two (2) Secondary Prize packages consisting of: SiriusXM Radio, boombox and one (1) year subscription. Secondary Prizes each have an approximate retail value of $400. Estimated Grand Prize total value is $5,000. Estimated value of prize does not include applicable taxes. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. SiriusXM Canada reserves the right, in its sole discretion, to substitute any prize or prize element awarded for a prize or prize element of similar or greater value. 6. DRAW

5 Eligible entries from a pool of online and letter mail entries will be drawn randomly by the Administrator at its corporate headquarters, located in Toronto, Ontario on July 16, 2013 to determine one (1) Entrant Grand Prize winner and two (2) Secondary Prize winners from all eligible entries received during the Contest Period ( Selected Entrant ). Odds of being selected are dependent on the total number of eligible entries received during the Contest Period. 7. PRIZE SUBSTITUTION. Prize must be accepted as awarded. No substitution of prizes is permitted except by SiriusXM Canada in its sole discretion. SiriusXM Canada reserves the right to substitute any prize with another prize of equal or greater value. Prize is not redeemable for cash or credit, in whole or in part. 8. NOTIFICATION AND DISTRIBUTION. The Selected Entrants will be notified by telephone at the number provided by the Selected Entrants on their ballots. If the Selected Entrants are not available to receive the notification telephone calls and/or s at the time SiriusXM Canada chooses to contact the Selected Entrants: If possible, SiriusXM Canada will record a voic message at the telephone number provided by the Selected Entrant. The voic message will include a telephone number at which SiriusXM Canada may be contacted. The Selected Entrant must call SiriusXM Canada at this number and must acknowledge receipt of SiriusXM Canada s voic message within 48 hours of such voic message being recorded by SiriusXM Canada at the telephone number provided by the Selected Entrant, or; If it is not possible to record a voic message destined for the Selected Entrant, SiriusXM Canada will attempt to contact the Selected Entrant by telephone two

6 further times within 48 hours of the first such contact attempt (for a total of three contact attempts). If the Selected Entrant is unable to be contacted as described above or does not acknowledge the voic message in the time allotted as described above, an alternate Selected Entrant may be selected according to the Rules from all remaining eligible entries received. The alternate Selected Entrant will then be the sole Selected Entrant. All decisions of SiriusXM Canada shall be final. By entering the Contest you agree that SiriusXM Canada may use information provided by you on your entry form. Based on this understanding, you agree that from time to time SiriusXM Canada may communicate with you with respect to this Contest. You may periodically be sent s for the duration of the Contest period notifying you of prize details and the winner. Information provided by Entrants will not be shared with anyone except as set forth in these Rules and in the Privacy Policy which appears at and at 9. SKILL-TESTING QUESTION / COMPLIANCE WITH RULES / RELEASE OF LIABILITY In order to win a prize, the Selected Entrant will be contacted by telephone and will be required to correctly answer, without assistance of any kind, whether mechanical or electronic, a mathematical skill-testing question, to be administered by telephone or , and may be required to sign a Declaration of Compliance with the Rules and a Release of Liability (collectively the Declaration and Release Documents ), releasing SiriusXM Canada, the Administrator, its advertising and promotional agencies, the prize suppliers, parents, subsidiaries, member clubs, affiliates, representatives and agents of each of the foregoing and all of their respective directors, officers, owners, governors, partners, employees, consultants, agents, representatives, their successors and assigns (collectively, the Releasees ) from any liability in connection with participation in this Contest or the prizes, including any travel related liability.

7 Declaration and Release Documents will be sent to winning Entrants together with their notification and must be returned within seven (7) business days of the date indicated on the documents or the prize will be forfeited. Winner is responsible for the proper use of prize as determined by SiriusXM Canada. Entrants will be required to provide proof of age and residence and identify and confirm compliance with all Rules before being declared a winner. In awarding prizes, the decision of SiriusXM Canada is final. By accepting a prize, prize winners agree to their name and/or photo and/or likeness being used by SiriusXM Canada without notice or compensation for publicity purposes. In the event a prize winner is unable to redeem any or all of the prize components for reasons beyond the control of SiriusXM Canada and the prize suppliers, no compensation or substitutions will be provided. If a Selected Entrant is unable to correctly answer the skilltesting question, fails to provide proof of identity, refuses to sign and return the Declaration and Release Documents, or is found to have violated the rules of the Contest or otherwise does not meet all Contest conditions, the Selected Entrant will be deemed to have forfeited the prize in question and SiriusXM Canada shall be entitled to select a new name from the qualified Entrants, who will be subject to disqualification in the same manner. 10. LAWS AND REGULATIONS. All federal, provincial and municipal laws and regulations apply. Any Contest entries not complying with any applicable federal, provincial and municipal laws or regulations will be considered to be null and void. All applicable taxes are the sole responsibility of the prize winner. By participating in this Contest, the Entrant acknowledges that they have read the Rules and agreed to abide by their terms and by the decisions of SiriusXM Canada. All decisions of SiriusXM Canada are final and binding in all matters relating to this Contest. 11. IMPORTANT INFORMATION. In the case of entries received via the Internet, Entrants will be deemed to be the authorized account holder of the address submitted on the Registration Form at the

8 time of registration. Authorized account holder is the natural person to whom an address is assigned by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) responsible for assigning individual addresses for the domain associated with the submitted address. All entries become the property of SiriusXM Canada and will not be acknowledged or returned to Entrants. A potential winner may be requested to provide SiriusXM Canada with proof that the potential winner is the authorized account holder of the address associated with the winning entry. 12. CONDUCT. By entering the Contest, you agree to be bound by these Rules. Entrants who have not complied with these Rules are subject to disqualification. Entrants further agree to be bound by the decisions of SiriusXM Canada, which shall be final and binding in all respects. SiriusXM Canada reserves the right at its sole discretion to disqualify any individual they find to be: 1. Tampering with the entry process or the operation of the Contest or website; or 2. Acting in violation of the Rules. By entering, you agree to not knowingly: (i) interfere in or cause any interruption of the Contest; (ii) prevent others from participating in the Contest; or (iii) obtain or modify another user s non-public account information without their consent. 3. Any use of automated devices is prohibited. 13. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE,

9 SIRIUSXM CANADA AND THE ADMINISTRATOR RESERVE THE RIGHT TO CLAIM DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 14. LIMITATION OF LIABILITY. BY ENTERING, ENTRANTS ACKNOWLEDGE AND AGREE THAT SIRIUSXM CANADA AND THE RELEASEES SHALL NOT BE RESPONSIBLE FOR, AND ENTRANTS SHALL HOLD THEM HARMLESS FROM, ANY AND ALL CLAIMS, DAMAGES, INCLUDING COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LIABILITIES, COSTS AND EXPENSES ( LOSSES ) WITH RESPECT TO OR IN ANY WAY ARISING FROM OR IN CONNECTION WITH THE CONTEST OR RELATED PRIZES. THE RELEASEES MAKE NO WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE AND DISCLAIM ANY IMPLIED WARRANTY. SIRIUSXM CANADA AND RELEASEES ARE NOT RESPONSIBLE FOR ANY LOSSES IN CONNECTION WITH (i) INCORRECT OR INACCURATE INFORMATION FOR ANY REASON, INCLUDING IF CASUED BY WEBSITE USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF SUBMISSIONS IN THE CONTEST, (ii) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR COMMUNICATIONS LINE FAILURE, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, DATA TRANSMISSION FAILURE OR , OR ANY TECHNICAL PROBLEMS OR TRAFFIC CONGESTION, (iii) ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR AUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES OR (iv) DAMAGES TO ENTRANTS OR TO ANY OTHER PERSON, INCLUDING DAMAGES TO THEIR COMPUTER SYSTEM, RELATED TO OR RESULTING FROM ENTERING, PARTICIPATING OR DOWNLOADING MATERIALS IN THIS CONTEST. FOR GREATER CERTAINTY, NEITHER SIRIUSXM CANADA NOR THE ADMINISTRATOR IS RESPONSIBLE FOR LOST, LATE, INCOMPLETE, ILLEGIBLE, INCOMPREHENSIBLE OR MISDIRECTED ENTRIES, BUGS, FAILURE IN SERVERS, HARDWARE OR SOFTWARE TRANSMISSION FAILURE OR LOSS, DELAYED OR CORRUPTED DATA TRANSMISSION.

10 15. IF, FOR ANY REASON, THE CONTEST CANNOT RUN AS PLANNED OR THE PRIZES CANNOT BE AWARDED, INCLUDING BY REASON OF INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES BEYOND THE REASONABLE CONTROL OF SIRIUSXM CANADA OR THE ADMINISTRATOR WHICH CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THE CONTEST, SIRIUSXM CANADA RESERVES THE RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE CONTEST AT ANY TIME WITHOUT PRIOR NOTICE TO THE ENTRANTS. IN SUCH EVENT, NO ENTRANTS WILL BE SELECTED OR ELIGIBLE TO WIN ANY PRIZE AFTER THE DATE OF SUCH TERMINATION AND WINNERS WILL NOT BE PROVIDED WITH A SUBSTITUTE PRIZE OR CASH EQUIVALENT. SiriusXM Canada Inc CMT is a registered trade-mark of Country Music Television, Inc.