NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANGES OF WINNING. PROMOTION SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED BY LAW.
THIS PROMOTION IS NOT OPEN TO THE PUBLIC.
1. ENTRY PERIOD: This promotion (“Promotion”) begins at 12:01 a.m. Eastern Time (ET) on June 1, 2020 and continues until 11:59 p.m. ET on June 30, 2020 (the “Entry Period”).
2. ELIGIBILITY: This Promotion is open to all Nissan Southeast Region dealership employees who are residents of the 50 U.S. or D.C and are at least 18 years of age or older (each an “Entrant). Employees of SiriusXM Radio Inc. (“Sponsor”) or any of its subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Promotion, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. In order to receive a prize, Entrant must be an employee of a Nissan Southeast Region dealership at the time of prize award.
3. HOW TO ENTER: Complete Sponsor’s e-learning course at siriusxmelearning.com (“Training”) during the Entry Period to receive one (1) entry (each an “Entry”) into the drawing. Limit one (1) Entry per person. All Entries are subject to verification. Entrant proof of completion of the Training does not constitute proof of entry. By submitting an Entry in the Promotion, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Promotion.
4. PRIZES/ODDS: Twenty-Five (25) prizewinners will each receive a one-year SiriusXM Premier Streaming subscription. Approximate Retail Value (“ARV”) of each prize is $156.00/each. Total ARV of all prizes $3,900. Odds of winning depend on the number of eligible entries received during the Entry Period. Taxes, if any, are the sole responsibility of each winner. An IRS Form 1099-MISC will be issued as required by law. No substitution, cash redemption or transfer of the right to receive a prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, without limitation, streaming or mobile device, Internet connection and/or data costs) are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded.
5. WINNER SELECTION: Potential winners will be selected in a random drawing, from among all eligible entries, on or about July 7, 2020. The drawing will be conducted by Sponsor whose decisions are final and binding. Sponsor will attempt to notify all potential winners on or about July 8, 2020 at the email address provided in the Training tool. Sponsor is not responsible for any change of address by entrants. All winners are subject to verification for eligibility and compliance with the Official Rules prior to prize award. Winners may be required complete and return an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the winner’s eligibility and confirmation of the releases, and grant of rights set forth in these Official Rules (“Verification Documents”). Winners must respond to Sponsor’s initial notification attempt within the time frame indicated in the notification and must complete and return to Sponsor any required Verification Documents within 3 business days after the Verification Documents are provided to the winner. If any winner fails to respond to any notification attempt within the time period indicated in the notification above or if any attempted notification is returned as undeliverable, or if any winner fails to complete and return any required Verification Documents, or if any winner does not meet the eligibility requirements or does not otherwise comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected, at Sponsor’s sole discretion from among the remaining eligible entries.
6. GRANT OF RIGHTS: By accepting a prize, each winner irrevocably grants to Sponsor and its subsidiaries and affiliates, agents and licensees, and each of their respective successors and assigns (collectively, the “Licensees”) the right to use, display, publish, perform, and broadcast the Entrant’s name, likeness, voice, biographical information and statements attributed to the Entrant (“Publicity Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s and third-party websites, audio streaming service, and social media and digital channels), for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law.
7. RELEASE AND LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each Entrant releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Promotion or exercise of the rights in herein, the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, without limitation (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the Entrant ever had, now has or might in the future have arising out of or relating to the Promotion, participation in the Promotion, the acceptance, receipt, participation in or use of any prize or any component thereof and/or any use of the Entrant’s Publicity Rights pursuant to these Official Rules, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any Entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each Entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Promotion, the use of any Promotion-related website, or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Promotion or in the announcement of prizes or winners, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Entries, entry information, or any other human, mechanical or technical error of any kind relating to the operation of the website, communications or attempted communications with any Entrant, the submission, collection, storage or processing of entries or the administration of the Promotion, (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay or prevent the provision of any prize, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by an Entrant’s Internet service provider and/or e-mail client or for insufficient space in Entrant’s e-mail account to receive e-mail or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Promotion. In no event will more than the number of prizes identified in these Official Rules be awarded.
8. FORCE MAJEURE: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Promotion at any time, including without limitation if a virus, bug, technical problem, Entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts or impacts in any way the administration, integrity, security or proper operation of the Promotion or if for any other reason Sponsor is not able to conduct the Promotion as planned (including without limitation in the event the Promotion is interfered with by any fire, flood, epidemic, pandemic, virus, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of the website or the application or interpretation of such terms. In the event of termination or suspension of the Promotion, a notice will be posted on the Training website and Sponsor reserves the right to award or not award any prize in its sole discretion.
9. GENERAL RULES: Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Promotion any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Promotion Webpage or the Promotion by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other Entrant or any representative of Sponsor and/or Administrator or (iii) has attempted or intends to attempt any of the foregoing. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any Entrant that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an Entry, the entry will be deemed to have been submitted by the registered user of the e-mail account provided in connection with the Entry. All federal, state and local laws and regulations apply. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
10. DISPUTES: By entering the Promotion, each Entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each Entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Promotion will be an action at law for the recovery of actual sustained monetary damages only, and in no event will the Entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the Entrants and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each Entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Promotion information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
12. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after July 17, 2020, or a copy of these Official Rules, send a self-addressed, stamped envelope to the Sponsor at the address set forth below, Attention: Promotions Department/Nissan Employee Training Incentive Program.
13. SPONSOR: The Sponsor of this promotion is Sirius XM Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020.