NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
Any person who has won a prize in the 90 days prior to July 23, 2004 in a Sirius Satellite Radio Inc. is not eligible to enter.
Promotion Period: KISS & Makeup Weekend Sweepstakes (the “Sweepstakes”) begins at 12:00 Noon Eastern Daylight Time (“ET”) on July 23, 2004 and ends at 5:00 PM ET on August 2, 2004 (the “Promotion Period”).
How to Enter: To enter online, complete the official entry form found at Sirius.com during the Promotion Period. All required data must be completed to be eligible to enter. Online entries must be received by 5:00 PM ET on August 2, 2004. 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 as of date of entry. Limit one entry per person, per e-mail address and per household. Multiple entries submitted by an entrant, or any effort by an entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify all entries of that entrant. All mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sirius Satellite Radio Inc. (“Sponsor”), with offices at 1221 Avenue of the Americas, 36th Floor, New York, New York 10020, 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/Internet/web site/use net accessibility or availability, traffic congestion, (d) unauthorized human intervention, (e) the incorrect or inaccurate capture of entry information or the failure to capture any such information. By entering this Sweepstakes, entrant agrees that, unless entrant otherwise opts out in the manner set forth on , Sponsor may use entrant’s, physical and/or e-mail address to contact entrant regarding Sponsor’s satellite radio service and other Sponsor offers and/or promotions.
Selection of Winner: Potential winner will be determined in a random drawing from all eligible entries received throughout the Promotion Period. Random drawing will be conducted on or about August 2, 2004 by an independent judging organization whose decisions are final and binding in all matters related to the sweepstakes. Sponsor will notify the potential winner by phone on August 2, 2004. If the potential winner is unreachable after 24 hours, Sponsor reserves the right to select an alternate winner. Winner will be required to sign and return an Affidavit of Eligibility and Liability and a Publicity Release which will require verification of social security number for tax purposes (“Affidavit/Release”) and an IRS Form W-9 within 5 working days of date printed on notification or he or she will be disqualified and an alternate winner will be selected in a separate random drawing. Winner’s travel companion must be over 18 and complete and sign a travel release (“Release”) prior to travel. If a notification is returned as undeliverable, the prize will be awarded to an alternate winner in a separate random drawing. No substitutions for prizes, except the Sponsor may substitute any portion of the prize with something of equal or greater retail value. Prizes are not transferable or redeemable for cash. If an eligible potential winner is selected who is a minor (as defined under applicable state law) or the Winner’s travel companion is a minor, his or her parent or legal guardian must sign the Affidavit/Release and/or Release on his or her behalf. If Grand Prize winner is a minor, a parent or legal guardian must accompany the winner. Travel companion may only be a minor, if winner is his/her parent or legal guardian. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown, likeness, photograph, voice, address (city and state) and biographical information for purposes of advertising, online posting, promotion and publicity without additional compensation. The Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate winners, if any.
Prize and Approximate Retail Value (“ARV”): 1 Grand Prize: 2-night trip for two to New Orleans, Louisiana for the KISS/Poison Concert (“Event”) (ARV: $4,850; value depends on location of winner and fares at time of departure). Trip includes: round-trip coach air transportation for two to New Orleans Metro Area 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 New Orleans, Louisiana); airport transfers; 2-nights hotel accommodations (one double occupancy room and room tax only); $250 spending money; transportation between concert and hotel; Two (2) Platinum Tickets to KISS/Poison Concert Event on August 7, 2004. All other expenses not mentioned herein, including but not limited to, transportation not specified herein, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of winner and traveling companion. Travel and hotel accommodations subject to availability. If selected Grand Prize winner is unable to travel on dates specified, tentatively scheduled for August 6, 2004 – August 8, 2004, the selected Grand Prize winner will forfeit the prize and an alternate winner will be selected in a separate random drawing from among the remaining eligible entries received. Certain blackout dates and material restrictions may apply. Dates and location subject to change by sponsor of Event and is not the responsibility of Sponsor. In the event the Event is postponed or cancelled, Sponsor’s only obligation to the winner is to award the remaining trip to New Orleans, Louisiana. Odds of winning depend on the number of eligible entries received. Taxes, if any, are the responsibility of the winner. Arrangements for the fulfillment of Grand Prize will be made by Pop2Life, LLC.
Eligibility: Sweepstakes is open to individual persons who are legal residents of the Contiguous United States (including the District of Columbia), age 18 or older. Employees of the Sponsor, Pop2Life, LLC, XM Satellite Radio Inc., and their affiliates, subsidiaries, distributors, retailers, advertising and promotion agencies, and the immediate families of each as well as any person who has won a prize in any Sirius Satellite Radio Inc. promotion 90 days prior to the start of this Promotion Period, is not eligible to enter this Sweepstakes. All federal, state and local laws and regulations apply. Void where prohibited by law.
Dispute Resolution; Limitation of Liability. Each entrant agrees to release, defend, indemnify and hold harmless Sponsor- and Pop2Life, LLC, those working on their 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 Sweepstakes 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 Sweepstakes 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.
Miscellaneous: Participating entrants agree to these rules and the decisions of the judges and release the Sponsor, - Pop2Life, LLC and all other companies involved in the Sweepstakes, and all of their respective employees, directors, officers, agents and parent, subsidiary and affiliated companies, from all claims or liability relating to their participation in the Sweepstakes or acceptance or use of any prize. By participating in the Sweepstakes, entrant: (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of the Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor is not responsible for any typographical or printing errors in these Official Rules. An "authorized account holder" is defined as the natural person who is assigned to an email address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, government, institution, etc.) that is responsible for assigning email addresses.
Winner’s List and Rules: For a copy of the official rules and/or the name of the Winner (available after August 5, 2004) send a stamped, self-addressed envelope by October 6, 2004 to: Sirius Satellite Radio Inc., Attention: Marketing and Promotions Department KISS & Makeup Weekend Sweepstakes, 244 Madison Avenue, #111, New York, New York 10036, and specify that you are requesting the rules and/or the name of the winner.
Notice to Online Entrants: By entering, participants agree that neither Sponsor- nor Pop2Life, LLC are responsible for: (i) any injury or damages to the entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the Sweepstakes; (ii) lost, interrupted or unavailable network server or other connection, miscommunications, failed phone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or for late, lost, damage, misdirected entries or other error of any kind whether human, mechanical or electronic. In the event the Sweepstakes is, in the opinion of Sponsor, or Pop2Life, LLC, compromised by a virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor and/or Pop2Life, LLC, which corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes and select winners from all eligible entries received prior to termination.
Legal Warning: ANY ATTEMPT BY AN individual, whether or not an ENTRANT, TO DELIBERATELY DAMAGE, destroy, tamper or vandalize this WEB SITE OR interfere with the OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS and THE SPONSOR, CORPORATION RESERVES THE RIGHT TO SEEK DAMAGES and diligently pursue all remedies against ANY SUCH individual TO THE FULLEST EXTENT PERMITTED BY LAW.
