ELIGIBILITY. To be eligible for this Contest, an individual must:
(a) be a legal resident of Canada; and
(b) be 18 years old or older at time of Entry;
(c) be an individual. No submissions by comedy troupes or group acts will be considered.
Employees of Sirius Canada Inc.("Sponsor"), Russell Peters or The Comedy Network and their household members or immediate family are not eligible to participate in the Contest. In these Contest Rules, "immediate family" means husband, wife, spouse, mother, father, brothers, sisters, sons and daughters, whether or not they reside in the same household.
Sirius Canada Inc. reserves the right to disqualify any participant for any reason, including but not limited to inappropriate or disruptive behavior, as determined in the sole and unfettered discretion of Sirius Canada Inc. By participating in this Contest, participants agree to be bound by these Rules and by the decisions of Sirius Canada Inc. which are final in all matters relating to this Contest and furthermore acknowledge compliance with these Rules. All entries and all material submitted including all uploaded audio and video recordings become the property of Sirius Canada Inc. and will not be returned. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Sirius Canada Inc. reserves the right to make the final decision in respect of any and all Contest matters.
DEADLINES FOR ENTRY. The Contest begins at 8:00 a.m. Eastern Standard Time ("E.S.T") on October 5, 2009 and closes at 12:00 a.m. E.S.T. on October 31, 2009 (the "Contest Period").
HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest.
(b) There is only one way to enter the Contest. Visit www.sirius.ca to fill out the online Entry form and upload a video recording of your comedic performance (a "Performance Clip"). NOTE: Performance Clips submitted may be no longer than five (5) minutes in duration and up to a maximum of 100 mb. To enter this Contest your computer must accept cookies or any successor or similar technology (whether known of hereafter devised or discovered) which may be used by Sirius Canada Inc. for the purpose of tracking entries to this Contest. By becoming a registered contestant (a "Contestant") of the Contest you agree to be bound by these Rules our website Terms and Conditions and Privacy Policy.
(c) By uploading your Performance Clip you represent that you are the sole owner of the rights to the recorded material. Contestants may submit more than one Performance Clip, provided each submission contains unique material, up to a maximum of 3 clips. Entries that are incomplete will not be accepted.
(d) All entries must be received by the Contest Closing Date.
(e) Limit of three (3) Entries per person during the Contest Period. All Entries must be submitted no later than the end of the Contest Period. All Entries become the property of Sponsor and none will be returned. Illegible, incomplete, late or garbled Entries will be disqualified. No Entries will be accepted by any other means.
(f) No mechanically or electronically reproduced Entries will be accepted. Potential winners may be requested to provide Sponsor with proof of identification and eligibility.
(g) Sirius Canada Inc. shall not be responsible for lost, late, mutilated, illegible or misdirected entries. Sirius Canada Inc. is not responsible for typographical errors in the Entry forms or the Rules and/or the selection of or the announcement of the Finalists or Winner. Sirius Canada Inc. reserves the right in its sole discretion to cancel, terminate, modify, delay or suspend the Contest due to any reason of a technical, creative or other nature in Sirius Canada Inc.'s sole discretion. Entries that have been tampered with or altered are void.
AGREEMENT TO LICENSE PERFORMANCE CLIP. By entering the Contest you agree to the following license terms ("License Agreement"):
(a) Sirius Canada Inc. is authorized and licensed by the Contestant to record and reproduce the Contestant's Performance Clip for the purpose of broadcasting, on an exclusive basis, the Performance, in whole or in part, an unlimited number of times by satellite radio by Sirius Satellite Radio in Canada, by Sirius XM Satellite Radio in the United States of America, and in any other countries chosen by Sirius Canada Inc. as well as by means of any satellite or cable television systems authorized by Sirius Canada Inc. (the "Broadcast").
(b) Sirius Canada Inc. is authorized and licensed by the Contestant to record and reproduce (at Sirius Canada Inc.'s sole expense) the Performance Clip, in whole or in part, for the purpose of promoting the Sirius Canada Inc.'s satellite radio service (the "Promotion").
(c) Sirius Canada Inc. is authorized and licensed by the Contestant to edit the Performance in any manner that Sirius Canada Inc. may deem necessary for the purpose of the Broadcast, the Other Permitted Use, or the Promotion.
(d) Sirius Canada Inc. is authorized and licensed by the Contestant to use portions of the Performance Clip, as well as the Contestant's name and likenesses, for the purposes of the Promotion.
(e) The Contestant represents and warrants to Sirius Canada Inc. that he or she controls the Performance Clip, including all rights to all of the spoken and or musical works and other works contained in the Performance Clip, to the extent necessary to grant the authorizations and licences granted to Sirius Canada Inc. pursuant to this License Agreement without the consent of any third party, and that such grant will not violate the terms of any other agreement to which the Contestant is a party, including any agreements between the Contestant and recording companies or copyright collecting societies.
(f) This License Agreement and the rights granted may by assigned and sub-licensed by Sirius Canada Inc.
SELECTION PROCESS
FINALIST SELECTION
After the contest upload period ending October 31, 2009 and during the entry voting period November 1, 2009 to November 8, 2009 at 5pm EST, Eligible Contestants will have the opportunity to vote for their favourite Performance Clip.
(a) Online Voting Eligibility.
By submitting a vote for a favourite Performance Clip and participating in the Contest through www.sirius.ca, you warrant that:
- You are at least 18 years old;
- You are a resident of Canada; and
- You are providing accurate and current information about yourself.
(b) How to Vote Online.
Vote your favourite Performance Clips by going to www.sirius.ca. NO PURCHASE NECESSARY TO RATE ONLINE Limit of one (1) vote per person (identified by IP address). Online voters agree that their participation in the Contest will be in compliance with the Rules, our website's Terms of Use and applicable laws. If the identity of an Online voter is disputed, the individual assigned the Internet Protocol (IP) address associated with the online voting submission will be deemed to be the Online Voter.
PRIZES.
(a) Grand Prize. There will be 1 Grand Prize awarded consisting of 2 round-trip economy airfares (from the International Airport located closest to the Winner's home) to attend a mutually agreed upon upcoming Russell Peters Show determined by Russell Peters, SIRIUS and CPI Management; Life-time opportunity performance for Grand Prize Winner at agreed upon upcoming Russell Peters Show; 2 nights' accommodation ; 2 VIP backstage passes; $2,500 spending money; and a Sportster 5 radio plus 1 year subscription to SIRIUS Satellite Radio. The Grand Prize has an approximate retail value of $6,000.
(b) Secondary Prizing. There will be 9 Secondary Prizes of SIRIUS Prize Packs awarded to all Finalists. Prize packs consist of SIRIUS sweatshirt, hat, and keychain and Sportster 5 radio and 3 month subscription to SIRIUS Satellite Radio. Secondary Prizes have an approximate retail value of $300.
(c) Winners will be sent their prize within 30 days of the end of the Contest Period, after the Grand Prize winner (and guest) has been successfully contacted and notified of their prize and have complied with all Contest Rules and requirements. Grand Prize winner and their guest must be available to travel during the agreed upon show date outlined in the Grand Prize. Should the Grand Prize winner be unable to travel on the dates and times designated by Sponsor, the prize package will be forfeited and awarded to an alternate Grand Prize winner. Additional meals, transportation, gratuities, telephone calls, in-room charges and all other expenses and taxes, including any income tax, associated with the Grand Prize are not included and are the responsibility of the Grand Prize winner.
(d) The Grand Prize must be accepted as awarded and cannot be transferred, substituted or redeemed for cash. Sponsor reserves the right, in its sole discretion, to substitute any and all of the Grand Prize for another prize of equal or greater value should all or part of the Grand Prize become unavailable for any reason.
WINNER SELECTION. Winner shall be selected as follows:
(a) On October 31, 2009 the 10 Finalists will be announced and their Performance Clips will be posted on the Russell Peters BFF website (sirius.ca). Russell Peters will then select the Grand Prize Winner on November 9, 2009 and the Winner of the Contest will be announced.
(b) THE SELECTED POTENTIAL WINNER WILL BE NOTIFIED BY PHONE or EMAIL NO LATER THAN WITHIN 3 BUSINESS DAYS AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected potential winner must respond by telephone to the contact number provided in the notification and the selected potential winner's response must be received by Sponsor within two (2) business days of such notification. If the selected potential winner does not respond in accordance with the Contest Rules or the selected potential winner does not comply with the Contest Rules, he/she will be disqualified and will not receive a prize and another potential winner will be selected. Sponsor is not responsible for the failure for any reason whatsoever of selected potential Winner to receive notification or for Sponsor to receive a selected potential winner's response.
(c) Grand Prize winner and their guest will each be required to execute a legal agreement and release ("Release") that confirms: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Grand Prize as offered; and (iii) release of Sponsor and its parent companies, subsidiaries, affiliates, Member Clubs, employees directors, officers, suppliers, agents, sponsor and administrators from any and all liability for any loss, harm, damages, cost or expense arising out of or in connection with participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of the Grand Prize including without limitation, costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to Sponsor of the unrestricted right, in Sponsor, collective or individual discretion, to publish without any further compensation the name, picture, portrait, likeness, audio-video recording, interview, voice and ideas and any web site dissemination or broadcast thereof of that entrant for advertising and promotional purposes. The executed Release must be returned within two (2) business days of the notification or the selected Grand Prize winner will be disqualified and the Grand Prize forfeited.
GENERAL CONDITIONS.
(a) All Entries become property of Sponsor upon receipt and will not be returned and no correspondence will be entered into except with selected entrants.
(b) Any attempt to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
(c) Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
INDEMNIFICATION BY ENTRANTS. By entering the Contest, entrant (a) releases and holds harmless Sponsor and its directors, officers, employees, parent companies, subsidiaries, affiliates, related companies, suppliers, sponsor and agents from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from or in connection with acceptance, possession, use or misuse of the Grand Prize, participation in this Contest, any breach of these Contest Rules, or in any prize-related activity; and (b) agrees to fully indemnify Sponsor and its directors, officers, employees, parent companies, subsidiaries, affiliates, related companies, suppliers, sponsor and agents from any and all claims by third parties relating to the Contest, without limitation.
CONDUCT. By entering this Contest, entrants agree to be bound by these Contest Rules. Sponsor reserves the right, in their sole discretion, to disqualify any entrant it finds to be: (a) violating the Contest Rules; (b) uploading content deemed harmfully offensive in nature; (c) tampering or attempting to tamper with the entry process or the operation of the Contest; or (d) acting in an unsportsman-like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
LIMITATION OF LIABILITY. Sponsor assumes no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies, or any Release. If the Contest cannot be conducted as planned for any reason, including reasons beyond the control of Sponsor, Sponsor reserves the right in their sole discretion to cancel, terminate, modify or suspend the Contest. Entrants assume liability for injuries caused or claimed to be caused by participating in the contest, or by the acceptance, possession, use of, or failure to receive any prize.
RELEASE / PRIVACY / USE OF APPLICANT INFORMATION. By entering this Contest, entrant agrees to (a) use of entrant's personal information by Sponsor for the purposes of administering the Contest and awarding the Grand Prize; (b) execute a Release as described in the these Contest Rules; and (c) the use by Sirius Canada Inc. of the entrant's personal and other information, in a manner consistent with Sponsor's Privacy Policy at: http://www.siriuscanada.ca/privacy-e.htm. Entrant's personal information will not be provided to any third parties, other than as may be provided for in these Contest Rules. Entrants further grant the Sponsor the right to use and publish their proper name, city and province of residence in any media, in connection with the Contest. By accepting a prize, Grand Prize winner grants permission to Sponsor to use his or her name, photograph, likeness, voice, prize information and/or biographical information for publicity and promotional purposes without further compensation unless prohibited by law.
WINNERS LIST. The name of the Grand Prize winner and their respective city of residence will be available upon request from Sponsor by contacting ssimpson@siriuscanada.ca.
TERMINATION. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsor reserves the right to amend or terminate all or any portion of this Contest at any time for any reason without prior notice.
LAWS. These are official Contest Rules. This Contest is subject to federal, provincial and municipal laws and regulations. These Contest rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor.
FOR RESIDENTS OF QUEBEC: 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.