(the “Official Rules”)
SXM Insiders Ultimate ‘The Offspring with Simple Plan’ (the “Artist”) Fan Experience
These Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have read, understood, and agreed to be bound by these Official Rules.
1. Who is the sponsor?
The SXM Insiders Ultimate ‘The Offspring with Simple Plan’ Experience Contest (the “Contest”) is sponsored and administered by SiriusXM Canada, Inc. or one of its subsidiaries or affiliates (“SiriusXM Canada”, “Sponsor”), the business name of Sirius XM Canada Inc. Whenever we refer to SiriusXM Canada Inc., ‘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.
This Contest is in no way sponsored, endorsed, administered by or associated with any third-party social media or social networking service or site (each a “Third Party Service”), including but not limited to Facebook, Instagram and/or Twitter. Any questions, comments or complaints regarding the Contest should be directed to SiriusXM Canada Inc. and not to any Third-Party Service.
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 and regulations, 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 Inc. shall be governed by and construed in accordance with the laws of the provinces of Canada, 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.
2. Who is Eligible to Enter?
Subject to the conditions below, the Contest is only open to individual current SiriusXM Canada subscribers (commercial subscribers excluded) who are legal residents of Canada (excluding Quebec) and who are of the age of majority at time of entry.
This promotion is open only to individuals who meet ALL of the following qualifications: (i) a legal resident of Canada (excluding residents of Quebec); (ii) who is a current SiriusXM Canada Inc. subscriber; (iii) is of the age of majority as of the date of entry.; and (iv) will comply with all COVID-19 requirements for the event, event venue, and national travel. Do not enter this promotion if you do not meet all of the above qualifications.
By participating in this Contest, participants agree to be bound by these Rules and by the decisions of SiriusXM Canada Inc. which are final in all matters relating to this Contest and furthermore acknowledge compliance with these Rules. Employees, officers, directors, agents, and representatives of SiriusXM Canada Inc. are not eligible to enter. SiriusXM Canada Inc., or their respective subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, prizing suppliers, any and all other companies associated with the Contest, and members of their immediate family (e.g., spouses, parents, domestic partners, 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, agent or representative is domiciled, are not eligible to win. SiriusXM Canada Inc. reserves the right to make the final decision in respect of any and all Contest matters.
3. Special Publicity Notice
By entering this Contest you grant to SiriusXM Canada Inc., to Sirius XM Radio Inc., and their respective 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 Contest, if you are selected as a winner, you grant to Sponsor and its 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.
4. When does the contest start/end?
You may enter the Contest between 9 am ET on November 9, 2022 and 11:59 pm ET on November 17, 2022 (“Contest Period”) after which time the Contest will be closed and no other entries shall be accepted. All times referenced in these Official Rules are Eastern Times.
5. How do I enter the contest?
No purchase is necessary to enter the Contest.
There is a limit of one online (1) entry per SIRIUS Canada or XM Canada subscription. If it is discovered that you attempted to enter more than one (1) time during the Contest Period (as defined below) then you will be disqualified from the Contest and all of your entries will be void.
Starting at 9 am ET on November 9, 2022 until 11:59 pm ET on November 17, 2022 (the “Contest Period”), entries may be made:
All entries become the property of SiriusXM Canada Inc. and will not be acknowledged or returned.
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 Inc. 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 the prize offered. Click here for more information on the security associated with the website. Further, SiriusXM Canada Inc. 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 Inc. is not responsible for any entries that are incomplete, lost, misdirected or destroyed.
7. Could my entry be refused or rejected?
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 Inc., which shall be final and binding in all respects. SiriusXM Canada Inc. reserves the right at its sole discretion to disqualify any individual they find to be:
- Tampering with the entry process or the operation of the Contest or website; or
- You attempt to enter the Contest in a fashion not authorized by these Official Rules;
- Your entry contains false or misleading information, or is late, falsified, illegible, damaged or incomplete or otherwise irregular;
- 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 his/her consent.
- Your entry is submitted using robotic, automated, programmed, or other illicit means; or
The Sponsor reserve the right to refuse any entry for any other reason as they may determine.
8. What are the conditions of entry?
By entering the Contest:
- you agree to be bound by these Official Rules and by the decisions of the Sponsor, which decisions are final, binding and conclusive;
- you represent and warrant that: (i) your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by the Sponsor;
- you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by SiriusXM Canada as it deems appropriate;
- you grant to the Sponsor the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
- you waive all claims of moral rights in any use of your Entry Material by SiriusXM Canada pursuant to the rights granted in these Official Rules; and
- you waive and forever discharge the Sponsor, Live Nation Canada, Inc. (“Live Nation”) and each of their respective parents, affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, representatives, licensees, successors and assigns, as well as any Third Party Services, (collectively, the “Releasees”), and agree to indemnify and hold harmless each of the Releasees, from and against any and all claims, damages or liability, including any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, possession, use or misuse of any prize, in whole or in part, including participating in travel or any activity related to the prize, (iii) the use of any Entry Material or Publicity Material (defined below) in accordance with the rights granted in these Official Rules, or (iv) any breach of these Official Rules;
- you agree to comply with all applicable orders, directives, guidelines, COVID-19 procedures, COVID- 19 related bylaws, and public health and safety regulations issued by federal, provincial and municipal authorities. Such guidelines and bylaws include without limitation, requirements related to vaccination, hand sanitation, self-isolation, social and physical distancing, and use of face coverings as may be applicable.
9. What are the contest prizes?
There are (2) The Offspring with Simple Plan Ultimate Fan Experience Packages available to be won.
Each prize consists of:
- Two (2) premium reserved ticket to see The Offspring withSimple Plan at Save-On-Foods Memorial Centre, (“Venue”), Victoria, BC scheduled to take place November 27, 2022.
- 1 x Signed Hockey Jersey
- 1 x T-shirt
- Premium Entry
- VIP Backstage Buffet dinner for 2 at Lion’s Den before the show, courtesy of Save-On-Foods Memorial Centre
- Roundtrip transportation for two (2) to Victoria, BC, Canada as determined by SiriusXM Canada
- Two (2) nights’ hotel, accommodations for two (2) as determined by SiriusXM Canada
- $400 cash gift card as determined by SiriusXM Canada
Approximate Retail Value of each prize is (ARV): $4000.00 CDN. Estimated value of each prize does not include applicable taxes. Selection of concert seat location is solely within Live Nation’s discretion. Prize winner is solely responsible for all costs not expressly described herein. Prize winner and guest must abide by any rules or requirements of the event venue. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, in whole or in part. 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. All federal, provincial, municipal, local and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner.
10. Are there any prize conditions?
All prize particulars will be determined by the Sponsor in its sole discretion. In addition to any prize conditions provided elsewhere in these Official Rules, any prize awarded in the Contest is subject to the following conditions:
- Except for gift cards, vouchers or cash prizes, the prize value in these Official Rules is approximate only. You will not be compensated if actual prize value is lower than the value quoted in these Official Rules;
- Any unused portion of the prize, once awarded, will be deemed forfeited. The prize will not be replaced if lost, destroyed, mutilated or stolen.
11. How will the potential winner(s) be selected?
Name(s) will be drawn randomly by SiriusXM Canada Inc. at its corporate headquarters, located in Toronto, Ontario at approximately 9 am ET on November 18, 2022 to determine two (2) 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.
Except where prohibited, acceptance of prize constitutes winner’s consent, and winner and his/her guest will be required to sign a release, to allow SiriusXM Canada, Sirius XM Radio Inc., and their promotional agents 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 Contest, the Sponsor’s web sites, and the event. Winner and winner’s guest(s) will be required to sign and return to Sponsor a Publicity & Liability Release, prior to and as a condition of acceptance of prize, within twenty-four (24) hours of receipt of notification or prize will be forfeited and an alternate winner selected. Prize will be awarded within reasonable time 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 Rules, the prize will be forfeited, and an alternate winner will be selected at random from the remaining eligible entries.
Due to present circumstances around COVID-19, concerts and events may be subject to change. Venues and event organizers have implemented safety requirements which the winner and guest will need to accept and comply with in order to attend any concert or event. The winner and guest assume full liability for any risks incurred before, during and after the concert or event. Please check with the venue, event organizer or ticket provider for information prior to attending an event
In addition to the above, the potential winner will be disqualified and a new alternate potential winner will be selected, time permitting, if one of the following occur to or by the potential winner and/or their guest(s) or social circle, as applicable:
- experiencing COVID symptoms consistent with COVID-19 (such as, but not limited to, cough, shortness of breath, fever or any common cold or flu-like symptoms)
- have a confirmed or suspected case of COVID-19
- have come in contact in the last fourteen (14) days with a person who has been confirmed or suspected of having COVID-19
- have returned from travelling outside of Canada in the last 14 days or
- have been instructed to self-isolate by a Public Health Agency, medical professional, any other authority.
12. How can a potential winner become a winner?
The Selected Entrant will be notified by telephone at the number provided by the Selected Entrant on his or her ballot. If the Selected Entrant is not available to receive the notification telephone call at the time SiriusXM Canada Inc. chooses to contact the Selected Entrant:
- If possible, SiriusXM Canada Inc. will record a voicemail message at the telephone number provided by the Selected Entrant. The voicemail message will include a telephone number at which SiriusXM Canada Inc. may be contacted. The Selected Entrant must call SiriusXM Canada Inc. at this number and must acknowledge receipt of SiriusXM Canada Inc.’s voicemail message within twenty-four (24) hours of such voicemail message being recorded by SiriusXM Canada Inc. at the telephone number provided by the Selected Entrant, or;
- If it is not possible to record a voicemail message destined for the Selected Entrant, SiriusXM Canada Inc. will attempt to contact the Selected Entrant by telephone two (2) further times within twenty-four (24) hours of the first such contact attempt (for a total of three (3) contact attempts).
If the Selected Entrant is unable to be contacted as described above or does not acknowledge the voicemail 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 Inc. shall be final. By entering the Contest you agree that SiriusXM Canada Inc. may use information provided by you on your entry form.
13. Skill-Testing Question/Compliance with rules
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 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 Releasees from any liability in connection with participation in this Contest or the prize.
Declaration and Release Documents will be sent to winning Entrants together with their notification and must be returned within twenty-four (24) hours 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 Inc. 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 prize, the decision of SiriusXM Canada Inc. is final. By accepting a prize, prize winner agrees to his/her name and/or photo and/or likeness being used by SiriusXM Canada Inc. 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 Inc., and the prize suppliers, no compensation or substitutions will be provided. If a Selected Entrant is unable to correctly answer the skill-testing 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 Inc. shall be entitled to select a new name from the qualified Entrants, who will be subject to disqualification in the same manner.
The Releasees assume no liability for the following:
- stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, jumbled, or garbled entries, transmissions, email, mail, or other communications;
- any error, omission, interruption, defect or delay in transmission, processing, or communication;
- failures or malfunctions of, or difficulties with, computer hardware or software, telephones, telephone lines, telephone systems, or network, cable, satellite, server, or website connections;
- printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or in Contest-related materials;
- incorrect or inaccurate information, including where caused by website users, tampering, hacking, or by any equipment or programming associated or used in connection with the Contest;
- injury or damage to any computer or other device resulting from or otherwise related to participation in the Contest, the use of any website, or the downloading or accessing of any materials;
- anyone being incorrectly or mistakenly identified as a winner or potential winner; and/or
- any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, or otherwise, relating in any way to the Contest, including those errors, problems or difficulties that may relate to the administration of the Contest, the processing of entries, the advertising of the Contest, the announcement of any prize or prize winner, or the cancellation or postponement of any event.
14. What are the odds of winning a prize?
The odds of winning depend on the number of eligible entries received.
15. Will I appear in any publicity if I am a winner?
If you are a winner, the Sponsor may require you to appear in publicity related to the Contest or to any similar contest. By accepting a prize you:
- grant to the Sponsor the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the prize, by any available means;
- agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Sponsor or it’s licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
- acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and
- waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.
16. 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 Inc. and will not be acknowledged or returned to Entrants. A potential winner may be requested to provide SiriusXM Canada Inc. with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
17. How will my personal information be collected, used and disclosed?
Your personal information may be disclosed to a third party in the following circumstances:
- in accordance with these Official Rules, or with your consent, or as otherwise permitted or required by law;
- (b) you elect to receive Commercial Communications from a party other than SiriusXM Canada Inc.;
- to coordinate the fulfillment or provision of the prize with a prize supplier; and/or
- (d) if you have been asked to sign and return a Release Form or other documentation in accordance with the terms of these Official Rules, SiriusXM Canada Inc. may disclose your personal information to any interested party, such as an entity who is released from liability.
18. What laws apply to the contest?
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 Inc. All decisions of SiriusXM Canada Inc. are final and binding in all matters relating to this Contest.
Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
19. Can the sponsor cancel or amend the contest?
The Sponsor reserves the right, in it’s sole discretion, to cancel, modify, or suspend the Contest or amend these Official Rules at any time, for any reason whatsoever.
You may not amend these Official Rules in any way.
20. Could the sponsor disqualify or ban someone from a contest?
The Sponsor reserves the right, in it’s sole discretion, to disqualify any entrant from the Contest, or prevent any entrant from future participation in a contest, that has:
- resold or attempted to resell a prize, in whole or in part;
- tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest and/or the Contest Website;
- provided false or misleading information;
- acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; and/or
- otherwise violated these Official Rules.
21. What happens if these official rules contradict other contest materials?
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsor or appearing in other Contest-related materials, these Official Rules shall govern.
IF, FOR ANY REASON, THE CONTEST CANNOT RUN AS PLANNED OR THE PRIZE 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 SPONSOR WHICH CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THE CONTEST, SPONSOR 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 WINNER WILL NOT BE PROVIDED WITH A SUBSTITUTE PRIZE OR CASH EQUIVALENT.
22. What happens if part of these official rules becomes unenforceable or does not apply?
If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.
Live Nation is not a Sponsor of this Contest and is in no way responsible for the administration of the Contest, or the selection or verification of winners. All inquiries regarding this Contest should be directed to Sponsor or Administrator and not to Live Nation.
© SiriusXM Canada Inc. 2022