Official Rules April 2019
Voir en français
SiriusXM’s 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.
Note: We may periodically amend the Rules at our discretion, so you should revisit this page from time to time.
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 registered 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. Failure to provide the requested documentation may result in disqualification, at SiriusXM Canada’s sole discretion.
By participating in this Contest, Contestants 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. SiriusXM Canada reserves the right to disqualify any Contestant for any reason, including but not limited to inappropriate or disruptive behavior, as determined in the sole and unfettered discretion of SiriusXM Canada. 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.
2. How to Enter
No purchase necessary.
Starting at 10:00AM EST April 1, 2019 until Registration Closing at 11:59PM EST, April 18, 2019 (the “Contest Period”), entrants 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 used 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 at any time and for any reason, including but not limited to technical or creative difficulties. Registrations that have been tampered with or altered are void.
To be eligible for the Contest, Contestants must agree to perform a Live Audition of original content at one of six (6) auditions held in Toronto (three audition nights) and Vancouver (three audition nights). All Contestants chosen to audition will receive a Travel Grant made payable to them once they have physically presented themselves at the Live Audition. The Travel Grant will be based on origin of travel. The 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 Live Auditions. Auditions will be performed in front of SiriusXM Canada representatives, as well as a live audience. SiriusXM Canada will provide each individual Contestant a professionally-recorded video clip and audio recording of their performance, to be made available after the end of Contest closing.
The Contest will proceed as follows:
- Contestants may register 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 advance as 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 the Grand Prize Winner, as outlined in these Rules.
You may register during the Contest Period:
- By submitting a CD, DVD or USB Memory Card by letter mail postmarked no later than April 11, 2019 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 the competition has been completed. All entries and all material submitted including all uploaded or delivered recordings become the property of SiriusXM Canada and will not be returned.
3. Agreement to license comedic works, performances and recordings
By entering the Contest you agree to the following license terms (“License Agreement”):
- Contestant, by the act of Registration for the Contest, grants an unlimited, perpetual, international license to SiriusXM Canada for all rights listed herein, as applicable to both the works and materials submitted for the contest and the use of Contestant’s name(s), likeness, statements, and other materials collected by SiriusXM Canada in the course of the Contest for promotional purposes on SiriusXM social media channels, radio broadcast, web platforms, and printed materials and their authorized affiliates.
- 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”) and their authorized affiliates.
- 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”) and any purpose approved by SiriusXM Canada.
- 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.
- 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 likeness, in relation to the Reproduction and Performance License, and the Promotion License.
- The Contestant represents and warrants to SiriusXM Canada that he, she or they is the first author of the performance and all 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, written, and/or musical works and other works contained in all of the foregoing, to the extent necessary to grant the authorizations and licenses granted to SiriusXM Canada pursuant to the License Agreement and Rules contained herein 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.
- This License Agreement and the rights granted may be assigned and sub-licensed by SiriusXM Canada in its sole discretion.
- This License Agreement and the rights granted may be assigned and sub-licensed by SiriusXM Canada in its sole discretion.
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 a Contestant 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 Contestant’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 ten (10) Semi-Finalists who will perform at 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 siriusxm.ca/topcomic 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.
SiriusXM Canada is not responsible for any tampering, interference, or fraud of any kind, including but not limited to Distributed Denial of Service (DDoS) attacks, server or system hacks, or votebot programs that influence or otherwise affect the results of the Contest. IF A CONTESTANT IS FOUND TO HAVE ENGAGED IN OR SOLICITED TAMPERING, INTERFERENCE, OR FRAUD OF ANY KIND AS OUTLINED ABOVE, SIRIUSXM CANADA RESERVES THE RIGHT TO i) DISQUALIFY THE CONTESTANT, ii) CLAIM REIMBURSEMENT FOR THE FULL VALUE OF ALL PRIZES AND DISBURSEMENTS PAID TO THE CONTESTANT, iii) CLAIM REIMBURSEMENT FOR ANY EXPENSES INCURRED TO DIAGNOSE AND REPAIR ANY SIRIUSXM CANADA COMPUTING EQUIPMENT OR THE NETWORK, AND/OR iv) IF THE CONTEST IS CANCELLED, MODIFIED, TERMINATED, DELAYED, OR SUSPENDED DUE TO THE CONTESTANT’S ACTIONS, CLAIM DAMAGES TO THE FULL AMOUNT OF SIRIUSXM CANADA’S INVESTMENT IN THE CONTEST.
The top eight (8) Finalists will each be provided a Travel Grant to attend the SiriusXM’s Top Comic Finale (the “Finale”), to be held in Toronto, Ontario. Finalists must be present and perform 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, Ontario 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 CRITERIA
At the Finale, the Winner of the Contest will be chosen live by a panel of SiriusXM Canada and industry judges based on a number of performance elements including, but not limited to originality of material, stage presence, audience response, comedic timing and humour.
One (1) Finalist will be chosen as the 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.
Two (2) Finalists will be chosen as Runners-Up. The Runners-Up will each receive a cash prize of $2,500, which is to be used for the development of recorded comedic content and for comedic performances. The Runners-Up may be required to sign additional legal documentation prior to prize fulfillment.
The Prizes AWARDED must be accepted as-is and cannot be transferred, assigned or substituted.
Entry and participation in this Contest constitutes each Contestant’s agreement to sign such additional documentation, including releases, as may be required if chosen as the Grand Prize Winner. Non-compliance with any requirement in connection with this Contest will result in automatic 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 WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE GRAND PRIZE WINNER. SIRIUSXM RETAINS SOLE DISCRETION TO DECIDE WHAT CONSTITUTES DISREPUTABLE BEHAVIOUR. ANY EXERCISE OF SIRIUSXM’S DISCRETION IS FINAL AND ABSOLUTE. DISQUALIFICATION WILL IMMEDIATELY TERMINATE ALL PRIVILEGES AND REVOKE ALL AWARDS ASSOCIATED WITH THE GRAND PRIZE.
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 a 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).
The Grand Prize Winner will be notified at the live Finale, after all judges have decided on the Winner. The Winner, will receive the Grand Prize, including a lump sum of $25,000 CAD.
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 Contestants, 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 Contestant 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, Contestants 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 Contestants. A Selected Contestant may be required to provide SiriusXM Canada with proof that the Selected Contestant is the authorized account holder of the e-mail address associated with the winning entry.
By entering the Contest, you agree to be bound by these Rules. Contestants who have not complied with these Rules are subject to disqualification. Contestants 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:
- Tampering with the entry process or the operation of the Contest or website; or
- 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.
- Any use of automated devices is prohibited.
12. Limitations of Liability
BY ENTERING, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT SIRIUSXM CANADA AND THE RELEASEES SHALL NOT BE RESPONSIBLE FOR, AND CONTESTANTS 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 FOR THE CONTEST, (II) TECHNICAL FAILURE OR MALFUNCTION OF ANY TELEPHONE NETWORKS, COMMUNICATIONS LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, DATA TRANSMISSION OR E-MAIL SERVICES, TRAFFIC CONGESTION, OR ANY OTHER TECHNICAL DISRUPTIONS, (III) ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES OR (IV) DAMAGES TO CONTESTANTS OR TO ANY OTHER PERSON, INCLUDING DAMAGES TO THEIR COMPUTER SYSTEM, RELATED TO OR RESULTING FROM ENTERING, PARTICIPATING OR DOWNLOADING MATERIALS FOR THIS CONTEST.
SIRIUSXM CANADA IS NOT RESPONSIBLE FOR LOST, LATE, INCOMPLETE, ILLEGIBLE, INCOMPREHENSIBLE OR MISDIRECTED ENTRIES, BUGS, SERVER FAILURE, HARDWARE OR SOFTWARE TRANSMISSION FAILURE OR LOSS, OR 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 CONTESTANTS. IN SUCH EVENT, NO CONTESTANTS WILL BE SELECTED OR ELIGIBLE TO WIN ANY PRIZE AND WINNERS WILL NOT BE PROVIDED WITH A SUBSTITUTE PRIZE OR CASH EQUIVALENT.
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.
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 and 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.
All trademarks presented are owned by their respective owners.
© SiriusXM Canada Inc. 2019.
For any questions regarding these rules and regulations please email email@example.com.