All-Star Sports Trip SiriusXM Sweepstakes OFFICIAL RULES

Transcription

1 All-Star Sports Trip SiriusXM Sweepstakes OFFICIAL RULES No Additional 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 active SiriusXM subscribers (self-paid or an introductory trial) continuously since November 13, 2017 while meeting other geographical Conditions of Entry (see Official Rules), who are at least 18 years of age at time of entry. HOW TO ENTER. To enter, go to find and follow the advertisement to fill out our online entry form from 4:00 PM Eastern Time ( ET ) on December 4, 2017, to 3:00 AM ET on January 2, 2018 (the "Entry Period"). You can only enter this sweepstakes by online entry. 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. LIMIT ONE (1) ENTRY PER PERSON AND ONE PER HOUSEHOLD: Multiple entries submitted by a single person during the Entry Period, whether from one address or multiple addresses shall render all of such person s entries void and ineligible. 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 account of the address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. CONDITIONS OF ENTRY / ELIGIBILITY TO WIN. Entrants agree to abide by the terms of these Official Rules and by the decisions of Sponsor which are final. This sweepstakes 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 SIRIUSXM SUBSCRIBER, WITH EITHER A SELF-PAID OR AN INTRODUCTORY TRIAL SUBSCRIPTION IN SPONSOR S DATABASE CONTINUOUSLY SINCE AT LEAST NOVEMBER 13, 2017; and (iii) is at least eighteen (18) years of age (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at time of entry; except wherever prohibited or restricted by law. This sweepstakes is intended for play in the aforementioned areas only and shall only be construed and evaluated according to United States law. 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, which are final and binding in all matters, and (iii) agree that if determined the prize winner, and you have won any prize valued at over $600 from Sponsor within the last six (6) months from the start of the Entry Period, you will agree to forfeit winner status to the next eligible entrant in the drawing. Employees of Sponsor, the National Hockey League ( NHL ), its Member Teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the aforementioned NHL entities collectively defined as the "NHL Entities ); NBA Properties Inc., NBA Media Ventures, LLC, the National Basketball Association and its Member Teams, (collectively defined as the "NBA Entities ); the Office of the Commissioner of Baseball ( BOC ), its Bureaus, 1 of 7

2 Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ( MLBAM or MLB.com ), Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC, the Major League Baseball Clubs ( Clubs ), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the MLB Entities ); and the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, owners, shareholders, officers, directors, agents, representatives and employees (collectively, the NFL Entities ), or their respective subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, and members of their immediate family (e.g., spouses, domestic partners, parents, children, siblings), 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 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 as determined in the sole discretion of the Sponsor 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 and its promotional agents 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 potential winner, you grant to Sponsor, NHL Entities, NBA Entities, MLB Entities, NFL Entities, and each of their respective promotional agents 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 WINNER / SELECTION / AGREEMENTS below. PRIZE. One (1) Grand Prize will be awarded. At the time of entry, entrants must select one (1) of the following grand prize packages (each, a Grand Prize ) as their sole preferred prize package and dates for travel. All dates are in Grand Prize package choice #1: Round-trip coach air transportation for two (2) to Orlando, FL (the "Destination #1"), from a major commercial airport in the continental United States, nearest to winner s primary residence provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination #1; (b) one (1) hotel accommodation for two (2) nights (one double occupancy room and room tax only) checking in on Saturday, January 27, 2018 checking out on Monday, January 29, 2018; and (c) two (2) tickets for the 2018 Pro Bowl in Orlando, FL on Sunday, January 28, 2018 (the Event. ). (ARV of Grand Prize package choice #1: $2,500.) Grand Prize package choice #2: Round-trip coach air transportation for two (2) to Tampa, FL (the "Destination #2"), from a major commercial airport in the continental United States, nearest to winner s primary residence provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination #2; (b) one (1) hotel accommodation for three (3) nights (one double occupancy room and room tax only) checking in on Friday, January 26, 2018 and checking out on Monday, January 29, 2018; (c) two (2) tickets for the NHL All-Star Skills Competition at AMALIE Arena in Tampa, FL on Saturday, January 27, 2018; and (d) two (2) tickets for the 2 of 7

3 Honda NHL All-Star Game at AMALIE Arena in Tampa, FL on Sunday, January 28, (The events to which the Grand Prize package choice #2 elements relate in (c)-(d) above are defined herein as Events. ) (ARV of Grand Prize package choice #2: $2,500.) Grand Prize package choice #3: Round-trip coach air transportation for two (2) to Los Angeles, CA (the "Destination #3"), from a major commercial airport in the continental United States, nearest to winner s primary residence provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination #3; (b) one (1) hotel accommodation for three (3) nights (one double occupancy room and room tax only) checking in on Friday, February 16, 2018 and checking out on Monday, February 19, 2018; (c) two (2) tickets for the State Farm All- Star Saturday Night at STAPLES Center in Los Angeles, CA on Saturday, February 17, 2018; and (d) two (2) tickets for the NBA All-Star Game at STAPLES Center in Los Angeles, CA on Sunday, February 18, (The events to which the Grand Prize package choice #3 elements relate in (c)-(d) above are defined herein as Events. ) (Approximate Retail Value ( ARV ) of Grand Prize package choice #3: $2,500.) Grand Prize package choice #4: Round-trip coach air transportation for winner and one (1) guest between Washington, DC (the "Destination #4") and a major commercial airport in the continental United States nearest to winner s primary residence provided that Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination #4 and any difference in value will not be awarded; (b) one (1) hotel accommodation for four (4) nights (one double occupancy room and room tax only) at a hotel in the Destination #4 determined by Sponsor at its sole discretion checking in on Sunday, July 14, 2018, and checking out on Wednesday, July 18, 2018; (c) two (2) tickets for winner and one (1) guest for the SiriusXM All-Star Futures Game at Nationals Park in Washington, DC on Sunday, July 15, 2018; (d) two (2) tickets for winner and one (1) guest for the T-Mobile Home Run Derby at Nationals Park in Washington, DC on Monday, July 16, 2018; and (e) two (2) tickets for winner and one (1) guest for the MLB All-Star Game presented by Mastercard at Nationals Park in Washington, DC on Tuesday, July 17, (The events to which the Grand Prize package choice #4 elements relate in (c)-(e) above are defined herein as Events. ) (ARV of Grand Prize package choice #4: $2,500.) The Grand Prize package choice#4 does not include tickets to any game, event or exhibition during the 2018 MLB All-Star Week other than as specifically set forth herein. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Grand Prize package choice #4 will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Grand Prize package choice #4. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or 3 of 7

4 offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Grand Prize choice #4 forfeiture, and may invalidate the license granted by the game, event or exhibition tickets. The Events referred to in each of the Grand Prize package choices #1 through #4 are referred to herein, collectively, as the Events. (Total ARV of all prizes to be awarded: $2,500.) All other expenses not specifically mentioned herein, including without limitation, ground transportation, transfers, additional hotel amenities (i.e. spa services, internet access, phone calls, laundry services), fees and gratuities, personal expenses such as meals, photos, souvenirs, and passport fees, are not included and are the responsibility of the winner and traveling companion. Travel and hotel accommodations are subject to availability. Certain blackout dates and material restrictions may apply. Date and location of any of the Events is subject to change and not the responsibility of Sponsor, or, as applicable, the NFL Entities, NHL Entities, NBA Entities, or any MLB Entity. If any Event is cancelled for any reason, Sponsor s only obligation is to award the other elements of the applicable Grand Prize. If Grand Prize winner is unable to travel on dates required, the selected Grand Prize winner will forfeit the Grand Prize and an alternate potential winner will be selected from among all remaining eligible entries received. Winner and guest must travel on same itinerary. No prize substitution, cash substitution, or assignment or transfer of Grand Prize (or any portion thereof) is permitted, except by Sponsor who may substitute a prize of equal or greater value if any portion of the advertised Grand Prize becomes unavailable. 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 Grand Prize are the sole responsibility of the winner. Winner will receive an IRS Form 1099 for the actual value of your prize awarded. Actual retail value of Grand Prize depends upon location of winner and fares at time of departure. GRAND PRIZE IS NON-TRANSFERABLE AND GRAND PRIZE TICKETS AND OTHER OPPORTUNITY INVITATIONS MAY NOT BE SOLD OR TRANSFERRED. 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. All Grand Prize tickets and passes are subject to the standard terms, conditions, and procedures of the NHL Entities, the NBA Entities, the MLB Entities, or the NFL Entities (as applicable); and seat locations are subject to their sole discretion. ODDS. Odds of winning depend upon the number of eligible entries received during the Entry Period. This sweepstakes is intended to be advertised as follows: (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 (3) on Facebook, Twitter and other social media sites, (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 a minimum of approximately 16.2 million addresses. WINNER / SELECTION / AGREEMENTS. The potential winner will be determined in a random drawing to be held on or about January 2, 2018, 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. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the sweepstakes. Selected potential winner will be notified by telephone and must respond 4 of 7

5 within one (1) business day to give a valid address where notification of potential winner status and required documents can be sent. Except where prohibited, acceptance of prize constitutes winner s consent, and winner and its guest will be required to sign a release, to allow Sponsor and its promotional agents and, as applicable, the NFL Entities, NHL Entities, NBA Entities, or the MLB Entities, to use winner s and winner s guest 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 sweepstakes, the Sponsor s web sites, the applicable Events and, as applicable, the NFL Entities, NHL Entities, NBA Entities, and MLB Entities and each of their respective websites. Winner and winner s guest will be required to sign and return to Sponsor an Affidavit of Eligibility, Publicity (unless prohibited by law) & 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 two (2) business days of receipt of notification or Grand Prize will be forfeited and an alternate potential winner selected by random drawing from among all remaining eligible entries. Trip winner s guest must also sign and return a liability and, unless prohibited by law, publicity release prior to travel. Prize will be awarded within ten (10) business days after receipt and verification of completed prize notification. If prize notification is undeliverable, or if a potential winner does not respond to the prize notification telephone call within the time specified or if the potential winner cannot be contacted for any reason, including an invalid telephone number, during the time Sponsor must reach, if the Affidavit is not complete and received by Sponsor within the time required, if potential winner declines the Grand Prize for any reason or in the event of non-compliance with these Official Rules, the Grand Prize will be forfeited, and an alternate potential winner will be selected at random from among the remaining eligible entries. Winner s guest must be at least eighteen (18) years of age at time of travel. If winner is not the parent or legal guardian of his/her guest, and if the age of majority in guest s state is not age 18, then the parent or legal guardian of guest must also, on behalf of guest, sign and return a liability and publicity release (unless publicity release is prohibited by law in guest s state), prior to travel. DAY OF EVENT: WINNER AND GUEST AGREE TO ABIDE BY ALL VENUES POLICIES. SPONSOR AND NHL ENTITIES, NBA ENTITIES, MLB ENTITIES, NFL ENTITIES, AND EACH OF THEIR RESPECTIVE AGENTS, EACH RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO REMOVE OR TO DENY ENTRY, OR REVOKE FULL OR PARTIAL PRIZE, TO WINNER AND/OR GUEST WHO IS INTOXICATED, IS A SAFETY RISK, WHO HAS VIOLATED ANY VENUE S POLICY OR LAW, ENGAGES IN A DISRUPTIVE MANNER, OR WITH INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON AT THE EVENT, INCLUDING EMPLOYEES AND OTHER REPRESENTATIVES OF SPONSOR, ITS AGENTS, THE VENUES, OR THE NHL ENTITIES, NBA ENTITIES, MLB ENTITIES AND NFL ENTITIES. PRIVACY NOTICE / MARKETING. By entering this sweepstakes, any personal information entrants submit will be disclosed to the Sponsor and will be used only by Sponsor consistent with its privacy policy. By entering this sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by telephone, and/or postal mail for sweepstakes purposes. Sponsor may use entrants personal information, including postal and addresses, to contact entrants regarding SiriusXM goods and services and any other offers and/or promotions that we believe might be of interest to entrants. (If you have previously asked Sponsor not to send you promotional s, your entry into this sweepstakes will cause you to receive s related only to this sweepstakes.) Special Note: We will make no use of your telephone number or date of birth as a result of your entry except to contact potential winner and to verify your eligibility to enter. This sweepstakes may be advertised on Facebook but entrants will be providing information to 5 of 7

6 Sirius XM Radio Inc. and not to Facebook. Be sure to read the SiriusXM Radio Privacy Policy at GENERAL CAUTION / RELEASE. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. If, in Sponsor s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this sweepstakes, or if technical difficulties or technical corruption (including a computer virus or system malfunction) compromise the integrity of the sweepstakes, Sponsor reserves the right to terminate the sweepstakes and select the potential winner 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 Any attempt to deliberately damage the content or operation of this sweepstakes is unlawful and subject to legal action by the Sponsor and its agents. You, 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 and, as applicable, NHL Entities, NBA Entities, MLB Entities, NFL Entities, those working on their respective behalves, Facebook, and all other businesses involved in this sweepstakes (including prize vendor/provider), 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 the Grand Prize (or any portion thereof). DISCLAIMER OF LIABILITY. The 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 the Grand 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 or wireless device 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 the Grand Prize (or any portion thereof), including travel and accommodations provided by independent suppliers. Released Parties (a) make no warranty, guaranty or representation of any kind concerning any Grand Prize (or any portion thereof), and (b) disclaim any implied warranty. 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 6 of 7

7 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. IN THE EVENT THAT AN EVENT IS CANCELLED, SPONSOR S ONLY OBLIGATION IS TO AWARD THE REMAINING ELEMENTS OF THE APPLICABLE GRAND PRIZE DESCRIBED ABOVE. 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 January 2, 2018 ( Winners List Date ), send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this sweepstakes, but within forty-five (45) days after the Winners List Date to the Sponsor at the address set forth below, Attention: Promotions Department/Turn On The Joy Sports Sweeps. SPONSOR. The Sponsor of this sweepstakes is Sirius XM Radio Inc., 1221 Avenue of the Americas, 36 th Floor, New York, New York This sweepstakes may be advertised on Facebook but this sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. This sweepstakes is not sponsored, administered, produced or executed by any of the NHL Entities, the NBA Entities, the MLB Entities, or the NFL Entities Sirius XM Radio Inc. Sirius, XM, SiriusXM, and all related marks and logos are trademarks of Sirius XM Radio Inc. and its subsidiaries. All rights reserved. NHL and the NHL Shield are registered trademarks and the NHL All-Star logo and NHL All-Star Skills Competition name and logo are trademarks of the National Hockey League. All rights reserved. The NBA and NBA member team identifications are the intellectual property of NBA Properties, Inc. and the respective NBA member teams NBA Properties, Inc. All rights reserved. Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved. 7 of 7