Siriusxm – Five Finger Death Punch Sweepstakes

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Five Finger Death Punch
SiriusXM Sweepstakes
OFFICIAL RULES
NO ADDITIONAL PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. WINNER AND GUEST MUST FOLLOW AND
COMPLY WITH ALL EVENT VENUE AND ARTIST POLICIES AND PROTOCOLS AND
APPLICABLE LOCAL LAWS REGARDING COVID-19 HEALTH AND SAFETY, WHICH MAY
CHANGE AT ANY TIME WITHOUT NOTICE.
MUST BE A CURRENT SIRIUSXM SUBSCRIBER WITH AN ACTIVE TRIAL, PAID, OR AD
SUPPORTED SUBSCRIPTION PLAN PRIOR TO AUGUST 3, 2022. MUST BE 18 YEARS OF
AGE OR OLDER AT TIME OF ENTRY. U.S. LAW GOVERNS. VOID WHERE PROHIBITED BY
LAW.
HOW TO ENTER. To enter this sweepstakes (“Sweepstakes), go to www.siriusxm.com, find and
follow the advertisement for Five Finger Death Punch 2022 Tour SiriusXM Sweepstakes to complete
our online entry form (“Entry Page”) between 10:00 PM Eastern Time (“ET”) on August 25th, 2022,
and 5:00 PM ET on September 12, 2022 (the “Entry Period”). You can only enter this Sweepstakes
via the Entry Page. Successful submission of all required information shall be considered an “Entry”
and the person submitting the Entry, the “Entrant.” Proof of submission will not be deemed to be
proof of receipt. All entries and requests become the property of Sponsor and will not be
acknowledged or returned. LIMIT ONE ENTRY PER ELIGIBLE SUBSCRIBER: Multiple entries submitted
by a single person during the Entry Period, whether from one e-mail address or multiple e-mail
addresses shall render all such person’s entries void and ineligible. In the event of a dispute over
the identity of an online entrant, Entry will be deemed submitted by the authorized account holder
of the e-mail account of the e-mail address submitted at time of Entry. “Authorized account
holder” is defined as the natural person who is assigned to an e-mail address by an Internet access
provider, on-line service provider, or other organization (e.g., business, educational institution, etc.)
that is responsible for assigning e-mail addresses for the domain associated with the submitted e-
mail address.
CONDITIONS OF ENTRY / ELIGIBILITY TO WIN. Entrants agree to abide by the terms of these Official
Rules and by the decisions of Sponsor which are final. This Sweepstakes is open only to individuals
who meet ALL of the following qualifications: (i) is a legal resident of the United States, the District
of Columbia, or Puerto Rico; (ii) IS A CURRENT SUBSCRIBER WITH AN ACTIVE TRIAL, PAID, OR AD
SUPPORTED SUBSCRIPTION PLAN PRIOR TO AUGUST 3, 2022; and (iii) is at least 18 years of age at
time of entry. This Sweepstakes is intended for participation in the aforementioned areas only.
By participating in the Sweepstakes, Entrants agree: (i) to be bound by these Official Rules, including
all eligibility requirements, (ii) to be bound by the decisions of Sponsor, which are final and binding
in all matters, and (iii) that if determined the prize winner and have won any prize valued at over
$600 from Sponsor within the last six (6) months prior to the start of the Entry Period, you will forfeit
winner status to the next eligible Entrant in the drawing.
Employees of Sponsor, Live Nation, and their respective subsidiaries, affiliates, advertising and
promotion agencies, retailers or distributors, and members of their immediate family (e.g., spouses,
domestic partners, parents, children, siblings) are not eligible to win. Entries that are incomplete or
corrupted are void and will not be eligible. Any effort by an Entrant to misrepresent himself or herself
using aliases or multiple e-mail addresses will disqualify all entries of such individual. Sponsor and
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its agents reserve the right to verify eligibility qualifications of any winner. Failure to comply with
these Official Rules as determined in the sole discretion of the Sponsor may result in disqualification
from the Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws
and regulations.
SPECIAL PUBLICITY NOTICE. If you are selected as a potential winner, you grant to Sponsor and their
respective 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 the above, Sponsor has no obligation to do any of it. See more details at “WINNER
/ SELECTION / AGREEMENTS” below.
PRIZE. One (1) Grand Prize will be awarded to one (1) winner using the selection process described
below and satisfaction of the eligibility requirements set forth above, consisting of:
One (1) round-trip coach air transportation for two (2) to Chicago, Illinois (the “Chicago
Destination”), from a major commercial airport in the continental United States nearest to
winner’s primary residence as determined by Sponsor; provided that Sponsor reserves the
right to substitute ground transportation for air transportation if winner resides within 150
miles of the Chicago Destination;
One (1) hotel accommodation for two (2) nights (one standard double occupancy room and
room tax only) in Chicago, IL, checking in Thursday, September 29, 2022 and checking out
Saturday, October 1, 2022;
Two (2) premium tickets to see Five Finger Death Punch 2022 Tour scheduled for Friday,
September 30, 2022, at the Hollywood Casino Amphitheater in Chicago, IL (the “Chicago
Event”);
One (1) round-trip coach air transportation for two (2) to Las Vegas, Nevada (the “Las Vegas
Destination”), from a major commercial airport in the continental United States nearest to
winner’s primary residence as determined by Sponsor; provided that Sponsor reserves the
right to substitute ground transportation for air transportation if winner resides within 150
miles of the Las Vegas Destination;
One (1) hotel accommodation for two (2) nights (one standard double occupancy room and
room tax only) in Las Vegas, NV, checking in Friday, December 16, 2022 and checking out
Sunday, December 18, 2022; and
Two (2) premium tickets to see Five Finger Death Punch and Brantley Gilbert live on Tour
scheduled for Saturday, December 17, 2022, at the Michelob Ultra Arena in Las Vegas, NV
(the “Las Vegas Event”, with the Chicago Event, the “Events”);
Approximate Retail Value of the Prize: $4,500.
All expenses not specifically mentioned herein, including without limitation, ground transportation,
transfers, hotel amenities, fees and gratuities, meals, airline change fees, airline premium seat
fees, airline baggage fees (both checked and carry on), personal expenses such as meals, photos,
souvenirs, and passport fees, are the responsibility of the winner and guest. Travel and hotel
accommodations are subject to availability. Certain blackout dates and material restrictions may
apply. Dates and locations of the Events are subject to change and not the responsibility of
Sponsor. If either Event is canceled for any reason, Sponsor’s only obligation is to award, or not
award, the other elements of the prize, in its sole discretion. Tickets to the Events are subject to
certain terms and conditions as specified by the ticket issuer. Winner agrees that the tickets are
awarded pursuant to a revocable, non transferable license that is personal to the winner and may
not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred,
given away, donated, or otherwise conveyed. Winner and guest must comply with all venue and
event rules and regulations, including execution of all required releases (if applicable). Failure to do
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so may result in forfeiture of such portion(s) of the Prize. If the selected winner is unable to travel
on the dates required for both the Chicago Event and the Las Vegas Event, the selected winner will
only receive transportation, hotel accommodations and tickets for the respective portion of the
prize for which they are able to attend. If the winner is unable to travel on any of the dates
required, the selected winner will forfeit the entire Prize and another winner will be selected from
among eligible Entries received. Winner and guest must travel on same itinerary. No prize
substitution, cash substitution, assignment, or transfer of prizes is permitted, except by Sponsor
who may substitute a prize of equal or greater value if any portion of the advertised prize becomes
unavailable. In no event shall more than the number of stated prizes be awarded. All prizes are
intended to be awarded. Any unused elements of the prize will be forfeited, will not be redeemable
for cash, and may not reduce the prize value awarded for tax purposes. All federal, state, local,
and other taxes, costs, and expenses relating to the use, acceptance, or possession of the Prize are
the sole responsibility of the winner. Winner will receive an IRS Form 1099 for the actual value of
the Prize awarded. Actual retail value of the Prize depends upon the location of the winner and
fares to/from Destination at time of departure.
ODDS. Odds of winning depend upon the number of eligible Entries received during the Entry Period.
WINNER / SELECTION / AGREEMENTS. The winner will be determined in a random drawing to be held
on or about September 13, 2022, following the close of the Entry Period from among all eligible
entries received under the supervision of Sponsor whose decisions are final and binding in all
respects. Selected Grand Prize Winner will be notified by telephone using information provided at
time of entry on the Entry Page and if a selected winner does not answer the call, a message will
be left, and the selected winner must respond back to Sponsor within one (1) business day from
the time of the message is left to give a valid email address where notification of potential winner
status and required documents as described below can be sent. Except where prohibited,
acceptance of prize constitutes winner’s consent, and winner and guest will be required to sign a
release, to allow Sponsor and its 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 Sweepstakes, the Sponsor’s web sites, and the Events. Winner will
be required to sign and return to Sponsor a Declaration of Eligibility, Publicity & Liability Release
(“Declaration”) (unless prohibited) and/or IRS Form W-9 (if required by IRS regulations), prior to
and as a condition of acceptance of prize, WITHIN ONE (1) BUSINESS DAY OF THE DATE OF THE
NOTIFICATION or prize will be forfeited and an alternate winner selected. Winner’s guest must also
sign and return a liability and publicity release (unless prohibited) prior to travel. Prize will be
awarded within 45 days after receipt and verification of completed prize notification. If prize
notification is undeliverable, or if a potential winner does not respond to the prize notification
telephone call within the time specified or if the potential winner cannot be contacted for any
reason, including an invalid telephone number, if the Declaration is not complete and received by
Sponsor within the time required, or in the event of non-compliance with these Official Rules, the
Prize will be forfeited, and an alternate winner will be selected at random from the remaining
eligible entries. Guests must be at least 18 years old at time of travel.
SPECIAL COVID-19 NOTICE: Entrants fully understand that (a) the novel coronavirus SARS-
CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof,
“COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in
any place where people are or have been present; (b) no precautions, including protocols that will
be implemented from time to time by event venue can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions have been adversely affected by COVID-19,
certain people have been identified by public health authorities as having greater risk based on age
and/or underlying medical conditions; (d) other persons traveling to and/or from the Events and
attending the Events may not be fully vaccinated against the Covid-19 virus; and (e) exposure to
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COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-
term and long-term health effects, and/or death, regardless of age or health condition.
SPECIAL NOTICE REGARDING TRAVEL AND EVENT ATTENDANCE: WINNER AND GUEST ARE
RESPONSIBLE FOR STAYING INFORMED OF AND ABIDING BY ALL LOCAL LAWS AND TRAVEL AND
EVENT VENUE RULES AND POLICIES. SPONSOR, THE APPLICABLE TRAVEL AIRLINE, EVENT
PERSONNEL AND STAFF AND THEIR RESPECTIVE AGENTS, EACH RESERVE THE RIGHT, IN THEIR
SOLE DISCRETION, TO REMOVE OR TO DENY TRAVEL, OR REVOKE ACCESS TO THE EVENT, TO
WINNER AND/OR GUEST WHO DOES NOT COMPLY WITH ANY OF THE AFOREMENTIONED RULES, IS
INTOXICATED, PRESENTS A SAFETY RISK, ENGAGES IN DISRUPTIVE BEHAVIOR, OR ACTS WITH
THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. COVID-19 HEALTH
PROTOCOLS MAY CHANGE AT ANY TIME AND SPONSOR, LIVE NATION, EVENT VENUE, AND TALENT
HAVE NO OBLIGATION OR RESPONSIBILITY TO ANY PERSON WHO IS UNABLE TO COMPLY WITH
ANY UPDATED REQUIREMENTS, IS DENIED ENTRY, OR WHO MAY BE REMOVED FROM THE EVENT.
PRIVACY NOTICE / MARKETING. By entering this Sweepstakes, any personal information Entrants
submit will be disclosed to the Sponsor and will be used only by us consistent with our privacy policy.
Sponsor may use Entrants’ personal information, including postal and e-mail addresses, to contact
Entrants regarding SiriusXM goods and services and any other offers and/or promotions that we
believe might be of interest to Entrants. (If you have previously asked us not to send you promotional
emails, your Entry into this Sweepstakes will cause you to receive emails related only to this
Sweepstakes.)
Special Note: We will make no use of your telephone number or date of birth as a result of your
Entry except to contact potential winner and to verify your eligibility to enter. This promotion may
be advertised on Facebook, but Entrants will be providing information to Sirius XM Radio Inc. and
not to Facebook. Be sure to read the SiriusXM Radio Privacy Policy at www.siriusxm.com/privacy.
GENERAL CAUTION / RELEASE. Sponsor reserves the right to permanently disqualify any person it
believes has violated these Official Rules. If, in Sponsor’s opinion, there is any suspected or actual
evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if
technical difficulties or technical corruption (including a computer virus or system malfunction)
compromise the integrity of the Sweepstakes, Sponsor reserves the right to terminate the
Sweepstakes and select winner from among all eligible entries received prior to termination. Should
the Sweepstakes be terminated prior to the stated expiration date, notice will be posted at
www.siriusxm.com. Any attempt to deliberately damage the content or operation of this drawing is
unlawful and subject to legal action by the Sponsor and its agents. You agree, on your own behalf,
and on behalf of your heirs, executors, administrators, legal representatives, successors and assigns
(collectively the “Releasing Parties”) to hereby release, defend, indemnify, and hold harmless the
Sponsor, Live Nation, and those working on their respective behalf, and all other businesses involved
in this Sweepstakes (including prize vendor or provider, talent, or event venue), as well as each of
their respective employees, officers, directors, agents and representatives, successors and assigns
(collectively the “Released Parties”), from any and all actions, causes of action, suits, debts, dues,
sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises,
trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages,
punitive or exemplary damages, including for injury and death, judgments, extent, executions, claims
and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or
unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now
have or hereafter can, shall or may have, whether known or unknown, asserted or non-asserted,
which may in any way arise out of or relate to your participation in this Sweepstakes or the awarding,
acceptance, use, or misuse of a prize, including travelling to and attendance at the Events.
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DISCLAIMER OF LIABILITY. The Released Parties shall not be responsible for (i) any typographical or
other error in the publishing or printing of the offer, administration of the Sweepstakes or in the
announcement of any prize; (ii) lost, late, misdirected, damaged, illegible or incomplete entries, or
postage due mail; (iii) error, omission, interruption, deletion, defect, delay in operations or
transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, computer, mobile device, hardware or software
malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by
Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or
any combination thereof; (iv) any injury or damage to entrant’s or any other person’s computer or
mobile device related to or resulting from participating in the Sweepstakes; or (v) the failure of any
third party to comply with the instructions and proper administration of this Sweepstakes.
You agree that the Released Parties shall not be liable for any injury, including illness, death, loss,
or damage of any kind caused or claimed to be caused, by participation in this Sweepstakes, or from
the acceptance, use, or redemption of any prize, including traveling to and attendance at the Events.
FORCE MAJEURE. In the event Sponsor and its agents are prevented from continuing with this
Sweepstakes as contemplated herein by any event beyond its control, including but not limited to
fire, flood, earthquake, explosion, pandemic, virus, quarantine, labor dispute or strike, act of God or
public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war
(declared or undeclared) or any federal, state, or local government law, order, or regulation, or order
of any court or other cause not within their control, Sponsor and its agents shall have the right to
modify, suspend, extend or terminate the sweepstakes, and award the prize in its sole discretion. IF
EITHER EVENT IS CANCELED OR TRAVEL TO EITHER DESTINATION IS IN ANY WAY DELAYED OR
CANCELED, SPONSOR’S ONLY OBLIGATION IS TO AWARD, OR NOT AWARD, THE REMAINING
ELEMENTS OF THE PRIZES DESCRIBED ABOVE, IN ITS SOLE DISCRETION, WITH NO ALTERNATIVE
COMPENSATION TO THE WINNER AND GUEST.
LAW / DISPUTE RESOLUTION. This Sweepstakes shall be governed by and interpreted under the laws
of the State of New York, U.S.A., without regard to its conflicts of laws provisions that may require
the application of the laws of another jurisdiction. All disputes, claims, and causes of action arising
out of or in connection with this Sweepstakes shall be resolved individually, without resort to any
form of class action. Any action or litigation concerning this Sweepstakes shall take place exclusively
in the federal or state courts sitting in New York, New York, and you expressly consent to the
jurisdiction of and venue in such courts and you waive all defenses of lack of jurisdiction and
inconvenient forum with respect to such courts. You agree to service of process by mail or other
method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR
AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING
THIS SWEEPSTAKES. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER
FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
WINNERS LIST. For the name of the winner, available after October 15, 2022 (“Winner List
Date”), send a stamped, self-addressed envelope (except where prohibited) and a note identifying
the name of this Sweepstakes within 45 days after the Winners List Date to the Sponsor at the
address set forth below, Attention: Promotions Department/Five Finger Death Punch 2022 Tour.
SPONSOR. The Sponsor of this promotion is Sirius XM Radio Inc., 1221 Avenue of the Americas, 36th
Floor, New York, New York 10020. Sponsor’s Sweepstakes and other promotions may be advertised
through its subsidiaries and affiliates, including Pandora®
. This promotion may be advertised on
Facebook, but this promotion is in no way sponsored, endorsed, administered by, or associated with,
Facebook. Inquiries regarding the promotion must be directed to Sponsor.
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©2022 Sirius XM Radio Inc.
SiriusXM, Pandora, and all related logos are trademarks of Sirius XM Radio Inc.
and its respective subsidiaries. All rights reserved. All third-party names and trademarks are the
property of their respective owners.