SiriusXM’s Top Of The Country
Official Rules January 2020
SiriusXM’s Top of the Country is presented by SiriusXM Canada and proudly sanctioned by the Canadian Country Music Association (“CCMA”). 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 of the Country 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.
1.3 General Requirements
- For the purposes of the Contest, SiriusXM Canada is seeking and will accept submissions that fit the following musical styles/genres: Country, Rock-Country, Honky-Tonk, Alternative-Country, and Bluegrass.
- Bands/Musicians are considered as acts containing either several members or solo artists.
- A maximum of five (5) band members are permitted in a band/act. Alternates or additional members may be permitted with special permission from SiriusXM Canada, however adding more band members after submitting the video and application is not permitted. Contestants must provide the number of band members at time of registration.
- Solo artists are responsible for sourcing their own band, if required. A maximum of five (5) band members are permitted, including the solo artist. Alternates or additional members may be permitted with special permission from SiriusXM Canada; however, adding more band members after submitting the video and application is not permitted. Contestants must provide the number of band members at time of registration. Solo artists may use different band members throughout the competition, but must perform with the same number of members throughout.
- All artists must be Canadian citizens. SiriusXM Canada reserves the right to request proof of citizenship, and failure to provide proof by deadline may result in disqualification. The group is deemed by SiriusXM Canada, in its sole discretion, to be Canadian on the basis of:
- the Canadian member(s) receiving the majority of royalties, touring profits and other proceeds earned by the group; and
- the Canadian member(s) being the creative force behind the group and/or the principal songwriter(s) for the group.
- Eligible artists must showcase music in English. Eligible artists must NOT have been previously nominated for a JUNO Award or the Polaris Music Prize.
- Eligible artists must NOT have been previously nominated for a Canadian Country Music Association Award in any of the following categories: Male Artist of the Year, Female Artist of the Year, Group or Duo of the Year, or Album of the Year.
- Eligible artists must NOT have participated as a Finalist in SiriusXM’s Top of the Country program in the year previous.
- Eligible artists must NOT have won SiriusXM’s Top of the Country program in any year.
- Eligible artists must be registered SOCAN members. To complete the application visit socan.ca. SOCAN membership for creators is free of charge.
- Eligible artists must have, and actively use, social media accounts including Facebook, Instagram, Twitter and YouTube. Eligible artists must have completed 5 Live Performances in the last 18 months. “Live Performances” means shows where the artist/band was paid a guaranteed fee or percentage of revenue from ticket sales. SiriusXM Canada may contact the applicant for proof of payment/performance.
- Eligible artists must be available and on-site at the designated locations during one of the below dates to attend the studio recording session for which they registered:
- Recording Session: Toronto, Ontario – March 25 – 27, 2020
- Recording Session: Vancouver, British Columbia – April 6 – 8, 2020
2. How to enter
No purchase necessary.
Starting at 10:00AM EST February 10, 2020 until Registration Closing at 11:59PM EST, February 28, 2020 (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 Recording Session of original content at a recording session in Toronto or Vancouver. All Contestants chosen to perform at a Recording Session will receive a Travel Grant made payable to the group/act once they have physically presented themselves at the session. The Travel Grant will be awarded based on the number of band members physically present at the Session and shall not exceed the number of band members per act that was stated upon registration. Each Recording Session will be a maximum of one (1) original song and may not exceed six (6) hours, including load-in, load-out, set-up and performance. Each Contestant may only audition at one (1) of the sessions. SiriusXM Canada will provide backline during the Recording Session subject to SiriusXM Canada’s discretion. Recording Sessions will be performed in front of SiriusXM Canada representatives. SiriusXM Canada will provide each individual Contestant a professionally-recorded video clip and audio recording of their Recording Session, to be made available after the end of Contest closing.
The Contest will proceed as follows:
- Contestants may register as described below;
- Eight (8) Contestants will be selected as Semi-Finalists to perform at the Recording Session outlined in the Contestant’s Registration and have their Recording Session video placed online for a Canada-wide public vote, as outlined in these Rules;
- Three (3) Semi-Finalists will be decided by a panel of industry judges with support from voting by fans, the three (3) Semi-Finalists will advance as Finalists to perform at a SiriusXM Canada sponsored music festival, attend SiriusXM’s Top of the Country Mentor Session and perform at the Finale in Hamilton, 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 February 18, 2020 including a video of your musical performance of choice, which Recording Session you are registering to, full legal name, city or town of residence, email address, phone number, age and postal code and mailing it to:
c/o SiriusXM’s Top of the Country
400 – 135 Liberty Street
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 Recording Session round will receive a professionally recorded video of their Recording Session 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 Musical Works, Performances and Recordings
- 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(es), 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 Recording Sessions, Festival 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 Recording Sessions, Festival and 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 Recording Session, the Festival and Finale Performance, and the Performance Clips, in whole or in part, for the purpose of promoting SiriusXM Canada services (the “Promotion License”) and where authorized by SiriusXM Canada, the CCMA.
- 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 Recording Session, the Performance Clip, as well as the Contestant’s name(s) and likeness(es), in relation to the Reproduction and Performance License, and the Promotion License.
- The Contestant represents and warrants to SiriusXM Canada that they are the first author(s) of the performance and all works: i) transmitted by the Performance Link, and; 2) performed during the Recording Session and Finale Performance. The Contestant represents and warrants to SiriusXM Canada that Contestant has all rights in the Recording Session, the Festival and 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.
- All recordings conducted by SiriusXM Canada using are available to artists at any time. SiriusXM Canada does not claim any exclusive rights in the recordings. Subject to any agreements between the artists and record labels, the artists are free to use the recordings in any manner.
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
For each instance of travel, SiriusXM Canada as well as sponsors and affiliates of the SiriusXM Top of the Country Contest will subsidize the travel expenses of each Finalist on a case-by-case basis at SiriusXM’s sole discretion (the “Travel Grant”). Finalists must make their own travel arrangements.
SiriusXM Canada does not warrant, guarantee, or represent that the grant will cover the full cost of travel, and Contestants bear the responsibility to pay the balance. SiriusXM Canada is not responsible for any prejudice to any Finalist’s performance, chances of winning, or qualification for the Contest as a result of travel delay, cancellation, or other complication.
The top three (3) Finalists will be provided a Travel Grant to perform one (1) stage performance at a SiriusXM-sponsored country music festival in Oro-Medonte, Ontario. Finalists must be present and have performed at the Festival to receive the grant. The travel grant will be awarded based on the number of band members physically present at the Festival and shall not exceed the number of band members per act that was stated upon registration. Any expenses above and beyond the grant provided to Finalists to appear at the Festival will be the sole responsibility of each Finalist.
The top three (3) Finalists will be provided a Travel Grant to participate in a two (2) day Mentor Session in Toronto, Ontario. Solo artists are not permitted to bring band members to the Mentor Session as they are considered to be a solo act. Finalists must be present at the Mentor Session to receive the grant. The travel grant will be awarded based on the number of band members physically present at the Mentor Session and shall not exceed the number of band members per act that was stated upon registration.
The top three (3) Finalists will be provided with a SOCAN Songwriting Camp trip to Nashville, including:
- SOCAN to provide each finalist with a week-long writer trip to Nashville with assistance in arranging co-writes and introduction to Nashville publishers.
- SOCAN to provide round trip airfare to Nashville for a week-long writer trip for each finalist.
- Each finalist will receive complimentary accommodations at SOCAN’s Nashville House for one (1) week at a mutually agreed upon time.
- SOCAN to provide each of the 3 finalists with mentorship sessions with SOCAN’s A&R department.
- Solo artists are not permitted to bring band members to the SOCAN writer trip as they are considered to be a solo act.
General Band/Musician Requirements
Finalists must be available and on-site at the designated locations during the below dates, as applicable:
- SiriusXM-sponsored music festival, Oro-Medonte, Ontario, August 6-9, 2020.
- CCMA and SiriusXM Mentor Session, Toronto, Ontario, August 10-13, 2020.
- CCMA Finale Showcase, Hamilton, Ontario September 10-13, 2020.
Festival staff / SiriusXM Canada will provide backline for each Finalist while on stage subject to SiriusXM Canada’s discretion.
The top three (3) Finalists will each be provided a Travel Grant to attend the SiriusXM’s Top of the Country Finale (the “Finale”), to be held in Hamilton, Ontario. Finalists must be present and perform at the Finale to receive the grant. The travel grant will be awarded based on the number of band members physically present at the Finale and shall not exceed the number of band members per act that was stated at registration. Any expenses above and beyond the grant provided to Finalists to appear at the live Finale in Hamilton, 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 industry judges with 4 song performance, (the “Finale Performance”).
Winner Selection Criteria
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, whether Individual or Group, 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 CCMA, 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 “Releases”) 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
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:
- interfere in or cause any interruption of the Contest;
- prevent others from participating in the Contest; or
- obtain or modify another user’s non-public account information without their consent.
- Any use of automated devices is prohibited.
12. Limitation of Liability
BY ENTERING, CONTESTANTS 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 the CCMA 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. 2020.
For any questions regarding these rules and regulations please email email@example.com