SiriusXM Canada's Top Comic

Official Rules April 2017

Top Comic is presented by SiriusXM Canada. SiriusXM Canada is the business name of Sirius XM Canada Inc. Whenever we refer to SiriusXM Canada, “we,” “our,” “us” or “siriusxm.ca” in these Official Rules (the “Rules”) we are referring to Sirius XM Canada Inc.

SiriusXM’s Top Comic contest (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 Contestants, Semi-finalists, Finalists, and the Winner (as these terms are defined below) and SiriusXM Canada 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.

These Rules incorporate by reference our website (www.siriusxm.ca) Terms of Use and Privacy Policy which apply to everyone who accesses and uses our website. We reserve the right to change the Terms of Use without notice. You may view our current Terms of Use and our Privacy Policy.

Note: We may periodically amend the Rules at our discretion, so you should revisit this page from time to time.

1. Eligibility

Subject to the conditions below, the Contest is open to legal residents of Canada and who are the age of majority or older at time of entry. Only individuals are eligible to participate in the Contest. This means that, unfortunately, no submissions by comedy troupes or group acts will be considered. Contestants are subject to proving eligibility, including verification of age and identity by providing a legible copy of a valid form of government-issued photo ID, upon request. SiriusXM Canada reserves the right to disqualify any participant for any reason, including but not limited to inappropriate or disruptive behavior, as determined in the sole and unfettered discretion of SiriusXM Canada. 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. All entries and all material submitted including all uploaded or delivered recordings become the property of SiriusXM Canada and will not be returned. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Employees, agents or representatives of SiriusXM Canada 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.

There will be a maximum of ten (10) Semi-Finalist Contestants accepted for a live audition (“Live Audition”) at each of the six (6) auditions. It is up to the sole discretion of SiriusXM Canada to determine which Contestants will be selected for a Live Audition. Only those chosen to audition will be notified with confirmation. By becoming a registered entrant (an “Entrant” or “Contestant”) of the Contest you agree to be bound by these Rules and our website Terms and Conditions and Privacy Policy.

2. How to Enter

No purchase necessary.

Starting 10AM EST April 4, 2017 until Registration Closing at 11:59PM EST, April 24, 2017 (the “Contest Period”), you may register as described below (a “Registration”). Registrations that are incomplete will not be accepted. No responsibility is assumed for incorrect or inaccurate information contained in Performance material provided as part of the Registration associated with or utilized in this Contest or by any technical or human error which may occur in the processing of entries to this Contest. SiriusXM Canada shall not be responsible for lost, late, mutilated, illegible or misdirected entries. SiriusXM Canada is not responsible for typographical errors in the Registration or the Rules and/or the selection of or the announcement of the Semi-finalists, Finalists or Winner. SiriusXM Canada reserves the right in its sole discretion to cancel, terminate, modify, delay or suspend the Contest due to any reason of a technical, creative or other nature in SiriusXM Canada’s sole discretion. Registrations that have been tampered with or altered are void.

To be eligible for the Contest, registered must agree perform a Live Audition of original content at one of six (6) auditions: Toronto (three audition nights) and Vancouver (three audition nights). All Contestants chosen to audition will receive a $300.00 CAD travel grant made payable to them once they have physically presented themselves at the audition. Live audition may not exceed six (6) minutes and auditions will end after six (6) minutes have passed. Each registered participant may only audition at one (1) of the six (6) auditions. Live auditions will be performed in front of SiriusXM Canada representatives, as well as a live audience. SiriusXM Canada will provide each individual auditioning a professionally-recorded video clip of their performance, to be made available after the end of Contest closing.

The Contest will proceed as follows:

  • You may register as a Contestant as described below;
  • Ten (10) Contestants from each of the six (6) auditions will be selected to perform live at the audition night outlined in the Contestant’s Registration, as outlined in these Rules;
  • Three (3) Contestants from each of the six (6) auditions will be selected as Semi-Finalists and have their video audition placed online for a Canada-wide public vote.
  • Based on which Semi-Finalists have the most votes, six (6) Semi-Finalists will become Finalists to perform at the Finale in Toronto, Ontario, as outlined in these Rules, and;
  • Based on a panel of industry judges, two (2) Semi-Finalists will be chosen as Wild Card Finalists to perform at the Finale in Toronto, Ontario, as outlined in these Rules, and;
  • One (1) Finalist will be selected as Contest Winner, as outlined in these Rules.

You may register during the Contest Period:

  1. Online, by going to topcomic.siriusxm.ca, and filling out the audition registration form in its entirety, including which audition you are applying to and a web link to a video of your comedic performance (such link a “Performance Link”). The Performance Link must be viewable in a modern browser and may be viewable as Flash video. Only video submissions made available to SiriusXM Canada by Performance Link will be accepted. To enter this Contest online your computer must accept cookies or any successor or similar technology which may be used by SiriusXM Canada 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 our website Terms and Conditions and Privacy Policy, or;
  2. (b) By submitting a CD or DVD by letter mail postmarked no later than April 20, 2017 including a video of your comedic performance of choice, which audition you are registering to, full legal name, city or town of residence, email address, phone number, age and postal code and mailing it to:

    SiriusXM Canada
    c/o SiriusXM’s Top Comic
    135 Liberty Street, 4th Floor
    Toronto, ON M6K 1A7

    All entries become the property of Sirius XM Canada Inc. and will not be acknowledged or returned.

Contestants who compete in the live performance audition round will receive a professionally recorded video of their Live Auditions after all auditions have been completed.

3. Agreement to license comedic works, performances and recordings

By entering the Contest you agree to the following license terms (“License Agreement”):

  1. SiriusXM Canada may record and reproduce all Live Auditions and Finale Performances (the “Performance Clips”). SiriusXM Canada is authorized and licensed by the Contestant to record, reproduce, authorize the reproduction of, transmit, and publicly perform all Live Auditions, Finale Performances, and the Performance Clips, in whole or in part, an unlimited number of times by any means. SiriusXM Canada may sublicense any license granted under these Rules to Sirius XM Radio Inc. (the “Reproduction and Performance License”).
  2. SiriusXM Canada is hereby authorized to use in any way the Live Audition, the Finale Performance, and the Performance Clips, in whole or in part, for the purpose of promoting SiriusXM Canada services (the “Promotion License”).
  3. SiriusXM Canada is authorized and licensed by the Contestant to edit in any manner that SiriusXM Canada may deem necessary the Performance Clips in relation to the Reproduction and Performance License, and the Promotion License.
  4. SiriusXM Canada is authorized and licensed by the Contestant to use the Live Audition, the Performance Clip, as well as the Contestant’s name and likenesses, in relation to the Reproduction and Performance License, and the Promotion License.
  5. The Contestant represents and warrants to SiriusXM Canada that he or she is the first author of the performance and works: i) transmitted by the Performance Link, and; 2) performed during the Live Audition and Finale Performance. The Contestant represents and warrants to SiriusXM Canada that Contestant has all rights in the Live Audition, the Finale Performance, the performance transmitted in the Performance Link, and the Performance Clips, including all rights to all of the spoken and or musical works and other works contained in all of the foregoing, to the extent necessary to grant the authorizations and licences granted to SiriusXM Canada pursuant to this License Agreement and Rules without the consent of any third party, and that such grant will not violate the terms of any other agreement to which the Contestant is a party, including any agreements between the Contestant and recording companies or copyright collecting societies.
  6. This License Agreement and the rights granted may by assigned and sub-licensed by SiriusXM Canada.

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. SiriusXM Canada assumes no responsibility for tampering, theft, defects, human errors including extreme 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 here 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. SiriusXM Canada is not responsible for any entries that are incomplete, lost, misdirected or destroyed.

5. Voting and Selection Process

Semi-finalist and finalist selection

The top three (3) Semi-Finalists in each audition will be determined by a panel of SiriusXM Canada judges. Criteria will be based on a number of performance elements including, but not limited to originality of material, stage presence, audience response, comedic timing and humour.

Performance Clips from each of the Semi-Finalists will then be placed online at topcomic.siriusxm.ca and open to online public voting. At Voting Closing, the six (6) entrants with the most online votes and two (2) entrants chosen by a panel of industry judges, not based on online votes, will be chosen as Finalists.

Finale

The top eight (8) Finalists will each be provided a grant towards travel costs to attend the SiriusXM Canada Top Comic Finale (the “Finale”), to be held in Toronto, Ontario. Finalists must be present and have performed at the Finale to receive the grant. Any expenses above and beyond the grant provided to Finalists to appear at the live Finale in Toronto will be the sole responsibility of each Finalist. Each Finalist will be required to perform live at the Finale before a live audience and a panel of SiriusXM Canada Judges with up to eight (8) minutes of original content, defined as not having been broadcast or aired previous to the audition, (the “Finale Performance”).

Winner Selection

At the Finale, the Winner of the Contest will be chosen live by a panel of SiriusXM Canada Judges based on a number of performance elements including, but not limited to originality of material, stage presence, audience response, comedic timing and humour.

6. Prizes

One (1) Finalist will be chosen Grand Prize Winner. The Winner will be named SiriusXM’s Top Comic and will receive a cash prize of $25,000, which is to be used for the development of recorded comedic content and for comedic performances. The Winner may be required to sign additional legal documentation prior to prize fulfillment.

The Prizes must be accepted as awarded and cannot be transferred, assigned or substituted.

Entry into this Contest constitutes each Contestant’s agreement to sign such additional documentation including releases as may be required. Noncompliance with any requirement in connection with this Contest will result in disqualification. ANY VIOLATION OF THESE RULES OR ANY BEHAVIOR ON THE PART OF THE WINNER THAT WILL BRING SUCH WINNER OR SIRIUSXM CANADA INTO DISREPUTE (IN SIRIUSXM CANADA’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

SiriusXM Canada reserves the right in its sole and unequivocal discretion to disqualify any individual it finds to be tampering, or has tampered with the entry process or the operation of the Contest; to be acting in violation of these Rules; or to be acting in an disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

By acceptance of these Rules, the Winner agrees that SiriusXM Canada and its employees shall have no liability in connection with acceptance, receipt, or use of the prizes awarded herein or in connection with any preparation for, participation in, or travel to any Contest-related activity, unless otherwise provided herein.

7. Notification and Distributions

SiriusXM Canada will contact each Finalist via telephone to inform them of their advancement to the Finals.

SiriusXM Canada will contact each Finalist in the following manner:

  • SiriusXM Canada will make a minimum of three (3) attempts to reach each Finalist via telephone and/or e-mail using the contact info provided on his/her Entry form. If possible, SiriusXM Canada will record a voicemail message at the telephone number provided by the Finalist. The voicemail message will include a telephone number at which SiriusXM Canada may be contacted. The Finalist must call SiriusXM Canada at this number and must acknowledge receipt of SiriusXM Canada’s voicemail message within 48 hours of such voicemail message being recorded by SiriusXM Canada at the telephone number provided by the Finalist, or;
  • If it is not possible to record a voicemail message destined for the Finalist, SiriusXM Canada will attempt to contact the Finalist by telephone two further times within 48 hours of the first such contact attempt (for a total of three contact attempts).

If the Finalist is unable to be contacted as described above or does not acknowledge the voicemail message in the time allotted as described above, the Finalist with the second highest amount of votes may be selected according to the Rules from all remaining eligible entries received. 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 by e-mail, regular mail, telephone or fax. You may periodically be sent e-mails for the duration of the Contest period notifying you of prize details and whether you are a Finalist. 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 www.siriusxm.ca/privacy-policy/

The Grand Prize Winner will be notified at the live Finale, after all judges have decided on a Winner to be awarded $25,000.

8. Compliance with Rules/Release of Liability

In order to win a prize, the Grand Prize Winner 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, its advertising and promotional agencies, the prize suppliers, parents, subsidiaries, member clubs, affiliates, representatives and agents 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.

In awarding prizes, the decision of SiriusXM Canada is final. By accepting a prize, the Grand Prize Winner agrees 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 Grand 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 Grand Prize Winner 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 Winner will not be selected as the Grand Prize Winner and will be deemed to have forfeited the prize in question and SiriusXM Canada shall be entitled to select a new Finalist from the qualified Entrants, who will be subject to disqualification in the same manner.

Where permitted by law, Semi-finalists, Finalists and the Winner grant to SiriusXM Canada, and those acting pursuant to its direction or control, (and agree to confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, their Performance Clip, their name, portrait, picture, video, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration and without notification, review or approval.

9. 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 Contest 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.

10. Important Information

In the case of entries received via the Internet, Entrants will be deemed to be the authorized account holder of the e-mail address submitted on the Registration Form at the time of registration. “Authorized account holder” is the natural person to whom an e-mail address is assigned by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) responsible for assigning individual e-mail addresses for the domain associated with the submitted e-mail address. All entries become the property of SiriusXM Canada and will not be acknowledged or returned to Entrants. A Selected Entrant may be requested to provide SiriusXM Canada with proof that the Selected Entrant is the authorized account holder of the e-mail address associated with the winning entry.

11. 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:

    a. interfere in or cause any interruption of the Contest;
    b. prevent others from participating in the Contest; or
    c. obtain or modify another user’s non-public account information without their consent.

  3. Any use of automated devices is prohibited.

12. Limitations 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, GUARANTY 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 CAUSED 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 E-MAIL, 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, SIRIUSXM CANADA IS NOT 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.

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 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.

13. Release

Contestants release and agree to hold harmless each of SiriusXM Canada and its parent company, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to SiriusXM Canada the unrestricted right, in their discretion, to produce, reproduce, publish broadcast, communicate by telecommunication, exhibit, distribute, adapt, and otherwise use or re-use the Winner’s name, photograph, likeness, and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The Winner must provide the executed Release in order to collect the applicable Prize.

14. General

Any additional interpretations of the Rules shall be at the sole discretion of SiriusXM Canada. SiriusXM Canada reserves the right to make the final decision in respect of any and all matters concerning the Contest, including, but not limited to the determination of Contestants, Semi-Finalists, Finalists, voting eligibility and the Winner. All rulings are final.

SiriusXM Canada reserves the right to terminate, withdraw amend or suspend the Contest (and/or any aspect thereof, including methods for selection of the Prize Winners), in whole or in part, at any time without notice for any reason, without liability, at their sole discretion. In the event a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise.

© SiriusXM Canada Inc. 2017.