Radio Margaritaville Trip Giveaway Contest
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER. ENTRANTS ARE NOT ELIGIBLE TO WIN MORE THAN ONE PROMOTION SPONSORED BY SIRIUS DURING ANY 60-DAY PERIOD.
2. Eligibility. Radio Margaritaville Trip Giveaway Contest (this ?Promotion?) is open only to individual persons (each, an ?Entrant?) who are legal residents of the continental United States (the ?Territory?), are 18 years or older as of the beginning of the Promotion Entry Period (as defined below). Entrants are not eligible to win more than one promotion sponsored by Sirius, including this Promotion, during any 60-day period. Limit one entry per person, per e-mail address, and per household. Entrants who disregard these Official Rules are ineligible to win. Officers, directors, employees, contractors, representatives and agents of Sirius Satellite Radio Inc. (?Sirius?), XM Satellite Radio Inc. and their respective immediate families and household members are not eligible to enter this Promotion.
3. Promotion Period. No purchase is necessary to enter this Promotion. Promotion begins at 5:00 PM Eastern Time (?ET?) on June 19, 2006 and ends on 5:00 PM ET on July 5, 2006 (the ?Promotion Entry Period?). To enter this Promotion, call Radio Voodoo during the Promotion Entry Period at 866-55PARROT and follow the directions (?Telephone Entries?). Telephone Entries must be made by 5:00 PM ET on July 5, 2006. Sirius is not responsible for any misdirected, lost, late, inaccurate, illegible or incomplete entries, and such entries will be void. Sirius is not responsible for: (a) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, (b) garbled or jumbled transmissions, (c) service provider accessibility or availability, traffic congestion, (d) unauthorized human intervention or (e) the incorrect or inaccurate capture of entry information or the failure to capture any such information. All entries become the property of Sirius and will not be returned or acknowledged. Proof of sending or submission will not be deemed to be proof of receipt by Sirius.
4. How to Enter. We are looking for Fans to submit their best impression of a Jimmy Buffett song by calling Radio Voodoo and recording their voice/music into the phone for entry. Entries must be legible and no longer than 20 seconds.
Winners will be selected as follows: Round One: a panel of judges, made up of Sirius programmers and hosts (the "Judges"), will select the 5 top scoring contestants (?Finalists?) based on the following criteria. (1) closest impression of Jimmy Buffett?s style; (2) musical performance; (3) vocal performance; (4) suitability for on air playback and (5) overall talent. In the event of a tie the tying Entrants with be re-judged and the highest score in overall talent will be named the tying winner. In the event of a further tie the tying entrants with the highest score for closest impression to Jimmy Buffett?s style will be named the tying winner.
Finalists Vote. The 5 Finalists? entries will be posted online from 5:00 PM ET on July 10, 2006 through 12:00 PM ET on July 17, 2006 (?Voting Period?). Listeners are invited to go online at
www.sirius.com/radiomargaritaville and vote for their favorite Finalist. The Finalist with the highest number of votes will be declared the winner. Sirius will use an independent service to calculate the number of votes cast for the 5 Finalists and its determination of votes will be final and binding. In the event of a tie, the tying Finalists will be re-judged by the panel of judges based on the same criteria in Round One to determine the Winner. Potential Finalists are subject to verification. Sirius will notify Finalists by telephone and will require the Finalists to execute an affidavit of eligibility, publicity release (except where prohibited) and assignment prior to being declared a Finalist and having their entries posted online (collectively, ?Finalist Affidavit?). Finalists will also be requested to send a jpeg picture of themselves to be posted with their entry. Jpeg picture must be 72 DPI, no smaller than 400 pixels width and height. If a potential Finalist does not return the Finalist Affidavit within 48 hours, is found to be ineligible and/or fails to execute any documentation required by Sirius, Sirius will select an alternate runner up as a Finalist. If a Finalist is not of the legal age of majority in his/her state of residence (a ?Minor?), the Minor's parent or legal guardian will be required to execute the Finalist Affidavit on the Minor?s behalf.
5. Prizes. The winner will receive a trip for two to see Jimmy Buffett in concert on August 10, 2006 at the Tweeter Theater (?Event?). Trip includes: round-trip coach air transportation for two to Boston or Providence Massachusetts (as determined by Sponsor) from a major commercial airport in the continental United States, near the winner?s primary residence (as determined by Sponsor). (Sponsor reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Event location); 2 nights, 3 day accommodations (one double occupancy room and room tax only); a guest spot on the LIVE, nationwide, Radio Margaritaville Pre-Show Backstage Broadcast with Savannah Jane Buffett and merchandise (?Prize?). All other expenses not mentioned herein, including without limitation, ground transportation, additional hotel amenities, fees and gratuities, are the responsibility of the winner and traveling companion. Travel and hotel accommodations are subject to availability. If the potential prize winner is unable to travel on dates specified, tentatively scheduled for August 9-11, 2006, the potential prize winner will forfeit the prize and the next runner up will be awarded the Prize. Certain blackout dates and material restrictions may apply. Dates and location subject to change by sponsor of Event and is not the responsibility of Sirius. In the event the Event is cancelled, Sirius' only obligation to the prize winner is to award the transportation and hotel accommodations listed above. Taxes, if any, are the responsibility of the winner. Prize cannot be substituted, exchanged or transferred, except that Sirius reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Approximate retail value of Prize is $4200. Actual retail value of the Prize depends on location of winner and fares at time of departure.
6. Awarding of Prize. Sirius will require the potential winner to execute a liability waiver and/or IRS Form W-9 prior to the delivery of any Prize (collectively, ?Winner Affidavit?). If a Prize winner does not respond to the Prize notification within 7 days, is found to be ineligible and/or fails to execute any documentation required by Sirius, Sirius will consider such Prize winner to have forfeited the Prize and will select the alternate runner up Finalist as the winner. If the Prize is won by a person who is not of the legal age of majority in his/her state of residence (a ?Minor?), the Minor's parent or legal guardian will be required to execute the Winner Affidavit on the Minor?s behalf and will be required to travel with the Minor. Winner?s travel companion must also sign a travel release prior to being able to travel and if the traveling companion is a Minor his or her parent or legal guardian must sign the travel release on the Minor?s behalf and must be traveling with the Minor. Sirius reserves the right to disqualify any Entrant for any reason, including without limitation, if that Entrant has not complied with these Official Rules or has interfered, in Sirius? sole opinion, with the proper conduct of this Promotion. Payment of all taxes is the sole responsibility of the Prize winner. The Prize winner will be issued an IRS Form 1099 for the approximate retail value of the Prize. By entering this Promotion, unless prohibited by law, each Entrant grants to Sirius the right to use, display, distribute or publish such Entrant?s name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived there from, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Sirius otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Sirius, without compensation. Acceptance of a Prize constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.
7. Use of Entrant Information for Marketing Purposes. By entering this Promotion, Entrant agrees that, unless Entrant otherwise opts out by telling us that he/she wants to "opt-out" when entering, Sirius or its partners may use Entrant?s, physical and/or e-mail address to contact Entrant regarding Sirius? satellite radio service and other offers and/or promotions.
8. Dispute Resolution; Limitation of Liability. Each Entrant agrees to release, defend, indemnify and hold harmless Sirius, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant?s participation in this Promotion or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees 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 PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY?S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. General Conditions. This Promotion is subject to all applicable Federal, State and local laws and regulations. By entering this Promotion, each Entrant agrees to be bound by these Official Rules and the decisions of Sirius, and to accept delivery of the Prize based upon availability. In addition, each Entrant represents and warrants that all information contained in his/her entry is true and accurate. Sirius is not responsible for any printing errors in these Official Rules. Sirius is not responsible for injury or damage to Entrants? or to any other person's computer related to or resulting from participating in this Promotion. In the event this Promotion is compromised for any reason (including computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Sirius) which, in the sole opinion of Sirius, corrupts or impairs the administration, security, fairness or proper play of this Promotion, Sirius reserves the right in its sole discretion to suspend, modify or terminate this Promotion. Sirius is not responsible if any Promotion cannot be implemented or prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way in Sirius' sole discretion shall be disqualified. This Promotion is void where prohibited.
10. Promotion Sponsor; Obtaining a Winner's List. This Promotion is sponsored by Sirius Satellite Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020. To receive a list of Prize winners, send a self-addressed, stamped envelope, and a note identifying the name of this Promotion, after the Promotion Entry Period has ended but within 120 days of the last date of the Promotion Entry Period, to the address above, Attention: Promotions Department.