Siriusxm – Metallica M72 World Tour Sweepstakes

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Metallica M72 World Tour
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 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 ON OR PRIOR TO JANUARY 1, 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 SiriusXM Sweepstakes to complete our online entry form (“Entry
Page”) between 9am Eastern Time (“ET”) on January 19, 2023, and 8pm ET on February 20, 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 JANUARY 1, 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.
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Employees of Sponsor, Q Prime 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 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 Phoenix, AZ (the “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
Destination;
One (1) hotel accommodation for four (4) nights (one standard double occupancy room and
room tax only) in Phoenix, AZ, checking in on August 31, 2023 and checking out September
4, 2023;
Two (2) SnakePit Tickets to the Metallica M72 concerts on Friday, September 1, 2023 and
Sunday, September 3, 2023 in Phoenix, AZ at State Farm Stadium (the “Event”);
Transportation to and from the Event via VinDime Limo with Jose Mangin;
Metallica merch bundle;
One (1) autographed Metallica poster;
Opportunity to watch Jose conduct backstage interviews; and
Prepaid giftcard for a taco stop with Jose
Approximate Retail Value of the Prize: $3,500.
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, TSA and international air 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. Date and location of the Event is subject to change and not the
responsibility of Sponsor. If the Event is cancelled for any reason, Sponsor’s only obligation is to
award, or not award, the other elements of the prize, in its sole discretion. Event tickets are
subject to certain terms and conditions as specified by the ticket issuer. Winner agrees that the
tickets are awarded pursuant to a revocable, nontransferable 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 so may result in forfeiture of such portion(s) of the Prize. If the winner is unable to
travel on the dates required, the selected winner will forfeit the Prize and another winner will be
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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 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. 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 February 20, 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 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. 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 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.
Guest 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 travelling to and/or from the Event and
attending the Event may not be fully vaccinated against the Covid-19 virus; and (e) exposure to
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
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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, Q PRIME, 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, Q Prime, 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 Event.
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
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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 travelling to and attendance at the Event.
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
THE EVENT IS CANCELLED OR TRAVEL TO THE DESTINATION IS IN ANY WAY DELAYED OR
CANCELLED, 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.
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: Metallica 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)
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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 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 September 17, 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/Metallica.
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.