Siriusxm – Guitar Greats Sweepstakes

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SiriusXM Guitar Greats Sweepstakes
OFFICIAL RULES
NO ADDITIONAL PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING.
MUST BE A CURRENT SIRIUSXM SUBSCRIBER WITH AN ACTIVE TRIAL, PAID, OR AD
SUPPORTED SUBSCRIPTION PLAN ON OR PRIOR TO APRIL 4, 2023. MUST BE 18 YEARS
OF AGE OR OLDER AT TIME OF ENTRY. U.S. LAW GOVERNS. VOID WHERE PROHIBITED BY
LAW.
PLEASE READ THE DISPUTE RESOLUTION – ARBITRATION/CLASS-ACTION WAIVER
PROVISION BELOW AS IT SHALL GOVERN HOW DISPUTES CONCERNING THIS
SWEEPSTAKES WILL BE HANDLED, WHICH MAY IMPACT YOUR LEGAL RIGHTS.
HOW TO ENTER. To enter this sweepstakes (“Sweepstakes), go to www.siriusxm.com, find and
follow the advertisement for the SiriusXM Guitar Greats Sweepstakes and complete our online entry
form (“Entry Page”) between 12pm Eastern Time (“ET”) on April 18, 2023, and 5pm Eastern Time
on May 4, 2023 (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 ON OR PRIOR TO APRIL 4, 2023; 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, Gibson Guitars, Stephen Stills, Iconic Artists Group, 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 its agents reserve the right to verify eligibility qualifications
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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) Gibson SG Standard ’61 Sideways Vibrola signed by Stephen Stills; and
One (1) vinyl of “Stephen Stills Live At Berkeley 1971.”
Approximate Retail Value of the Prize: $2,440.
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 un-used 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.
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 May 4, 2023, 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 will be required to sign a release, to allow Sponsor and its promotional agents
to use winner’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. 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. Prize will only be awarded 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.
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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.
Stephen Stills and Iconic Artists Group: Upon entering this sweepstakes, Entrants will have an
additional opportunity to opt-in to receive communications, including information and special offers
from Stephen Stills and Iconic Artists Group. If you opt-in to this opportunity, you agree that your
personal information will be collected by Sponsor, given to Stephen Stills and Iconic Artists Group,
and that your data will be used by Stephen Stills and Iconic Artists Group, subject to Iconic Artists
Group’s privacy policy. Be sure to read Iconic Artists Group’s Privacy Policy at
https://iconicartistsgroup.com/privacy-policy/.
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, Gibson Guitars, Stephen Stills, Iconic Artists Group, and those working on
their respective behalf, and all other businesses involved in this Sweepstakes (including prize
vendor or provider and talent), 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.
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
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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.
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.
Dispute Resolution – Arbitration/Class-Action Waiver. By participating in this Sweepstakes,
you understand and agree that any dispute, cause of action or claim (“Claim”) arising out of,
related to, or in connection with this Sweepstakes between you and any of the Released Parties
shall be brought and resolved exclusively by individual binding arbitration in accordance with the
rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the
Claim is filed. A copy of the AAA rules, forms and instructions for initiating an arbitration are
available at www.adr.org or by calling (800) 778-7879. In an arbitration, a dispute is resolved by
an arbitrator, or a panel of arbitrators, instead of a judge or jury. As such, you hereby waive the
right to go to court, including the right to a jury, act as a class representative or participate as a
member of a class of claimants with respect to any Claim submitted to arbitration or litigation,
regarding any Claim you have against any or all Promotion Parties. Prior to filing a Claim for
arbitration with the AAA, each party agrees to attempt to resolve the Claim informally by notifying
the other party in writing of the issue(s) underlying the Claim and both parties shall work in good
faith to resolve such issue(s). To initiate an informal resolution to a Claim with Sponsor, you must
send a notice by first class United States mail to Sirius XM Radio Inc., 1221 Avenue of the
Americas, 35th Floor, New York, NY 10020, Attention: General Counsel. To informally resolve a
Claim with another one of the Released Parties, you must send notice through their registered
agent. If such attempts are unsuccessful, a party may thereafter file a Claim with the AAA. No
party start a formal proceeding for at least 60 days after notice of an informal claim is made. If
you file and prevail on a Claim, Sponsor will reimburse you for your filing fees and costs in
connection with the Claim. You may elect to opt-out of arbitration by sending a letter (an
“Arbitration Opt-Out Notice”) to Sirius XM Radio Inc., 1221 Avenue of the Americas, 35th Floor,
New York, New York 10020; Attention: General Counsel: SiriusXM Guitar Greats Sweepstakes
Arbitration Opt-Out. The Arbitration Opt-Out Notice must include (1) your first and last name; (2)
your postal mailing address; (3) phone number; (4) email address; and (5) a clear statement that
you do not wish to resolve disputes with Sirius XM through arbitration. The Arbitration Opt-Out
Notice must be received no later than thirty (30) days from the date you entered the Sweepstakes.
The Arbitration Opt-Out will apply only to Claims arising under this Sweepstakes and it not a
general arbitration opt-out of all Claims with Sponsor or any Released Party. In the event this
Dispute Resolution provision is held unenforceable, in whole or part, you agree that all Claims shall
be (i) 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, and (ii) (ii) brought and heard 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. In
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such cases, 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 May 12, 2023 (“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/Guitar Greats.
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.
©2023 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.