The SiriusXM Top of the Country 2019 Contest (the “Contest”) is sponsored by SiriusXM Canada (“SiriusXM Canada”, “Sponsor”), the business name of Sirius XM Canada Inc. Whenever we refer to SiriusXM Canada, ‘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.
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 entrants and SiriusXM Canada 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.
Subject to the conditions below, the Contest is only open to individuals who are legal residents of Canada 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 and; (ii) is of the age of majority at time of entry. 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 which are final in all matters relating to this Contest and furthermore acknowledge compliance with these Rules. Employees, agents or representatives of SiriusXM Canada or the Canadian Country Music Association are not eligible to enter. SiriusXM Canada, or their respective subsidiaries, affiliates, advertising and promotion agencies, retailers or distributors, 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 reserves the right to make the final decision in respect of any and all Contest matters.
- SPECIAL PUBLICITY NOTICE
By entering this Contest you grant to SiriusXM Canada, 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.
- HOW TO ENTER
No purchase necessary.
There is a limit of one (1) entry per individual whether by online or letter mail registration. 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 10 am on April 26, 2019 until 11:59pm EST on May 17, 2019 (the “Contest Period”), entries may be made:
- By letter mail postmarked no later than May 10, 2019, by printing on a piece of paper your full legal name, city or town of residence, email address, age, phone number and postal code and mailing it to:
c/o SiriusXM Canada’s Top of the Country Contest
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.
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 the prize 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.
One (1) prize is available to be won.
Grand prize includes:
- Two (2) passes to the SiriusXM CCMA Top of the Country Finale on September 5, 2019 in Calgary, AB
- Two (2) passes to the Canadian Country Music Association Awards on September 8, 2019 in Calgary, AB
- Roundtrip transportation or airfare for two (2) to Calgary, AB departing from any major Canadian airport
- Four (4) nights’ hotel accommodations for two (2) in Calgary, AB
- A customized Top of the Country guitar
- $500 CAD spending money
Approximate Retail Value (ARV): $7000.00 CDN. Estimated value of prize does not include applicable taxes. Prize winner is solely responsible for all costs not expressly described herein, including, without limitation, food and souvenirs. Prize winner and guest must abide by any rules or requirements of the event venues. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. 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.
Name(s) will be drawn randomly by SiriusXM Canada at its corporate headquarters, located in Toronto, Ontario within forty-eight (48) business hours of the Contest close on 11:59pm EST, May 17, 2019 to determine one (1) winner 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 90 days after 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.
- PRIZE SUBSTITUTION
Prize must be accepted as awarded. No substitution of prize is permitted except by SiriusXM Canada in its sole discretion. SiriusXM Canada reserves the right to substitute any prize with another prize of equal or greater value. Prize is not redeemable for cash or credit, in whole or in part.
- NOTIFICATION AND DISTRIBUTION
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 chooses to contact the Selected Entrant:
- If possible, SiriusXM Canada 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 may be contacted. The Selected Entrant must call SiriusXM Canada at this number and must acknowledge receipt of SiriusXM Canada’s voicemail message within twenty-four (24) hours of such voicemail message being recorded by SiriusXM Canada 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 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).
- SKILL-TESTING QUESTION / COMPLIANCE WITH RULES / RELEASE OF LIABILITY
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 SiriusXM Canada, their 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 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. 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 is final. By accepting a prize, prize winner agrees to his/her name and/or photo and/or likeness being used by SiriusXM Canada 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, 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 shall be entitled to select a new name from the qualified Entrants, who will be subject to disqualification in the same manner.
- 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 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. All decisions of SiriusXM Canada are final and binding in all matters relating to this Contest.
- 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 potential winner may be requested to provide SiriusXM Canada with proof that the potential winner 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. 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: (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. 3. Any use of automated devices is prohibited.
- CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SIRIUSXM CANADA RESERVES THE RIGHT TO CLAIM DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATION 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 PRIZE. 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 LOSSESS 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.
YOU AGREE THAT THE RELEASED PARTIES (DEFINED ABOVE) SHALL NOT BE LIABLE FOR ANY INJURY, INCLUDING DEATH, LOSS OR DAMAGE OF ANY KIND CAUSED OR CLAIMED TO BE CAUSED, BY PARTICIPATION IN THIS CONTEST, OR FROM THE ACCEPTANCE OR USE OR REDEMPTION OF ANY PRIZE.
- 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 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 WINNER WILL NOT BE PROVIDED WITH A SUBSTITUTE PRIZE OR CASH EQUIVALENT.
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the English and French versions of these Rules, the English version will prevail and govern and control the Contest.
© Sirius XM Canada Inc. 2019