SXM App Gift Card Giveaway
1. The Contest
SXM App Gift Card Giveaway (the “Contest”) by SiriusXM Canada (“SiriusXM Canada”), the business name of SiriusXM 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 SiriusXM 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 province of Ontario, 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 open to automotive franchise and independent dealers whose business entities are registered in Canada (each an “Entrant”). By participating in this Contest, each Entrant agrees 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 acknowledges compliance with these Rules. Each Entrant may have one (1) authorized person, which is a legal resident of Canada and of age of majority in their Province or Territory of residence, entering the contest on the Entrant’s behalf (the “Representative”). However, the entry is deemed to be entered by the Entrant, not the Representative. If the entry is selected, the prize will be awarded to the Entrant, not the Representative. Employees, agents or representatives of Live Nation, SiriusXM Canada, its member teams, and their respective subsidiaries, affiliates, advertising and promotion agencies, retailers and distributors and their immediate families (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 employees are domiciled, are not eligible to enter or win. SiriusXM Canada reserves the right to make the final decision in respect of any and all Contest matters.
3. Special Publicity Notice
By entering this Contest, if an Entrant is selected as a winner, the Entrant and its Representative grant to SiriusXM Canada, to SiriusXM Radio Inc., and their respective promotional agents their express permission (except where prohibited by law) to use their 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 Entrant and Representative consent to all of the above, SiriusXM Canada has no obligation to do any of it.
4. How to Enter
No purchase necessary. The Contest will commence at 12:00:00 am ET on July 21, 2022 until 11:59:59 pm ET on August 30, 2022 (the “Contest Period”).
All Entrants who have already completed all training modules will automatically receive one (1) entry into the Contest without taking any action. All other Entrants may enter into the Contest by having a Representative visit sxmdealer.ca/training during the Contest Period and complete all training modules. Upon the completion of enrollment, the Entrant will receive one (1) entry to the Contest.
There is a limit of one (1) entry per Entrant. If a Representative submits multiple entries, only the first entry that results in success enrollment will be considered, all other entries will be deemed null and void. SiriusXM Canada reserves the right to disqualify a Qualified Business Customer if a Representative has improperly entered the Contest on behalf of the Entrant or if more than one (1) Representative has entered the Contest on behalf of an Entrant.
All entries become the property of SiriusXM Canada Inc. and will not be acknowledged or returned.
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 any of the prizes 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.
Five (5) prizes are available to be won in Canada.
- Concert cash (gift card)
Approximate Retail Value (ARV): CAD$500.00 Estimated value of prize does not include applicable taxes. Actual retail value may vary. The winner will not be entitled to any difference between actual and approximate retail value of the prize. Prize winner is solely responsible for all costs not expressly described herein. Prize winner must abide by any rules or requirements. Any terms and conditions associated with the gift card apply. All federal, provincial, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner.
No responsibility is assumed by Live Nation and SiriusXM Canada for cancelled, delayed, suspended or re-scheduled events once arrangements are made for any reason whatsoever beyond its control, including if the event is delayed, postponed or cancelled for any reason. The winner will not be reimbursed for any portion of the prize that may become unavailable. SiriusXM Canada reserves the right to change travel dates and travel arrangements at its sole discretion.
Entries will be drawn randomly by SiriusXM Canada at its corporate headquarters, located at 400-135 Liberty Street, Toronto, Ontario within 48 business hours of the contest close on 11:59 pm ET, August 30, 2022 to determine five (5) potential winners from all eligible entries received during the Contest Period (“Selected Entrant”) 12:00:00 am ET on July 14, 2022 until 11:59:59 pm ET on August 30, 2022. Odds of being selected are dependent on the total number of eligible entries received during the Contest Period.
8. Prize Substitution
Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash or credit, in whole or in part. 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.
The Entrant will be notified by email or telephone at the email/number provided by the Entrant on the enrollment form. If the Entrant is not available to receive the notification email or telephone call at the time SiriusXM Canada chooses to contact the Entrant:
- If possible, SiriusXM Canada will record a voicemail message at the telephone number provided by the Entrant. The voicemail message will include a telephone number at which SiriusXM Canada may be contacted. The Entrant must call SiriusXM Canada at this number and must acknowledge receipt of SiriusXM Canada’s voicemail message within 24 hours of such voicemail message being recorded by SiriusXM Canada at the telephone number provided by the Entrant, or;
- If it is not possible to record a voicemail message destined for the Entrant, SiriusXM Canada will attempt to contact the Entrant by email or by telephone two further times within 24 hours of the first such contact attempt (for a total of three contact attempts).
10. Skill-Testing Question / Compliance With Rules / Release Of Liability
In order to be declared a winner, the Entrant will be required to correctly answer, without assistance of any kind, whether mechanical or electronic, a mathematical skill-testing question, to be administered by email and will be required to sign a Publicity Release and a Declaration of Compliance and Release of Liability (collectively the “Declaration and Release Documents”), releasing Live Nation, SiriusXM Canada, its 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 prizes, including any travel related liability.
Declaration and Release Documents will be sent to winning Entrant together with their notification and must be returned within 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. Entrant will be required to provide proof of age and residence and identify and confirm compliance with all Rules before the Selected Entrant can be declared a winner. The award of the prize may also be contingent upon individuals (and his/her guest) designated by the winner to sign documentation related to the acceptance and use of the prize, including but not limited to, Declaration and Release Documents within the time period as specified by the Sponsor. In awarding prizes, the decision of SiriusXM Canada is final. By accepting the prize, the winner and designated individuals agrees to their name and/or photo and/or likeness being used by SiriusXM Canada without notice or compensation for publicity purposes.
Prize will be awarded within 30 days after receipt and verification of completed prize notification. If the Selected Entrant cannot be contacted within twenty four (24) hours of the first attempt to contact, including failure to respond to the prize notification, or if contacted, the return the completed Declaration and Release Documents within the time required, or in the event of non-compliance with these Rules, the prize will be forfeited, and an alternate potential winner will be selected at random from the remaining eligible entries, who will be subject to disqualification in the same manner.
11. 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, each 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.
12. Important Information
All entries become the property of SiriusXM Canada and will not be acknowledged or returned to Entrants.
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:
- Tampering with the entry process or the operation of the Contest or website; or
- Acting in violation of the Rules. By entering, you agree to not knowingly:
- interfere in or cause any interruption of the Contest;
- prevent others from participating in the Contest; or
- obtain or modify another user’s non-public account information without their consent.
- Any use of automated devices is prohibited.
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.
15. Limitation Of Liability
THE ENTRANT PERSONALLY, ACKNOWLEDGES AND AGREES THAT SIRIUSXM CANADA AND THE RELEASEES SHALL NOT BE RESPONSIBLE FOR, AND THE ENTRANT 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 PRIZES. 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 RELEASEES 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, INCLUDING ANY TRAVEL AND ACCOMMODATIONS THAT MAY BE PROVIDED BY INDEPENDENT SUPPLIERS.
IF, FOR ANY REASON, THE CONTEST CANNOT RUN AS PLANNED OR THE PRIZES 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, SUBJECT TO APPLICABLE LAW AND THE APPROVAL OF THE RÉGIE DES ALCOOLS, DES COURSES ET DES JEUX, 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 WINNERS 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 Régie only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the English language version and the French language version of these Rules, the English version shall prevail, govern and control.
The Sponsor of this promotion is SiriusXM Canada Inc., 400-135 Liberty Street, 4th Floor, Toronto, Ontario M6K 1A7. Live Nation will have no liability or responsibility for any claims arising in connection with participation in this Promotion or any prize awarded. Live Nation have not offered or sponsored this contest in any way.
Participant irrevocably waives all claims against Live Nation, its members, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “Entities”) and agrees that the Entities will have no liability or responsibility for any claim arising in connection with participation in this Contest or the prizes awarded. The Entities have not offered or sponsored this Contest in any way.
© SiriusXM Canada Inc. 2022