SiriusXM Aviation Sweepstakes

The SiriusXM Aviation Sweepstakes (the "Sweepstakes") is subject to these Official Rules (“Rules”). No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning.

1. Sponsor: Sirius XM Radio LLC, 1221 Avenue of the Americas New York, New York 10020.
2. Sweepstakes Period: This Sweepstakes begins at 12:01 a.m. Eastern Time ("ET") on November 9, 2020 and ends at 6:00 p.m. ET on November 22, 2020 (the "Sweepstakes Period"). Any entries received after the Sweepstakes Period will not be considered.
3. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations) who are at least 18 years of age or older as of the start of the Sweepstakes Period. Entrants must have a valid Instagram account throughout the Sweepstakes Period. Employees of Sponsor and its affiliates and members of their immediate families, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
4. COVID-19 ADVISORY: This Sweepstakes may be cancelled in the event the COVID-19 virus or resulting challenges make it impossible to continue to administer the Sweepstakes.
5. Mandatory Instagram Disclosure: This promotion is in no way sponsored or endorsed by, or associated with, Instagram. You are providing your information to Sponsor and not to Instagram. The information you provide will only be used for administering the Sweepstakes and for marketing purposes in accordance with Sponsor’s Privacy Policy, linked in Section 1 above.
6. How to Enter, Instagram entries only: You must have an Instagram account and be logged into your account to enter. You may create an Instagram account for free by accessing Instagram at http://instagram.com and following the instructions to create an account. Information you provide to Instagram to open an account is subject to Instagram’s privacy policy, located at http://instagram.com/about/legal/privacy/. Make sure that the “Private Account” setting is turned off, or Sponsor won’t be able to see your entry and you won’t be able to participate in the Sweepstakes. By making this change to your account setting, you understand that all of your future posts on Instagram will be visible to the public. You agree to comply with all Instagram terms and conditions. Once you have an Instagram account, to enter this Sweepstakes, during the Sweepstakes Period:
   
   
   • Follow SiriusXM Aviation (@siriusxm_aviation) on Instagram (the “Feed”);
   • Like the SiriusXM Aviation Sweepstakes announcement post; and
   • Post your favorite aviation music/entertainment memory along with an accompanying image or video (:30 or less) and include the following hashtags: #sxmaviation2020 and #sweepstakes (your “Submission”)
   Satisfying all of the instructions and eligibility requirements during the Sweepstakes Period shall be considered an “Entry” and the person doing so, an “Entrant.” Limit: one (1) Entry per person. Submitting more than one Entry may disqualify all Entries from that Entrant. Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete entries. Persons discovered entering under multiple identities will be disqualified. Sponsor reserves the right to disqualify Entries that are or suspected of being false. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed to be the person in whose name the Instagram account was opened.
7. Submission Guidelines: Your Submission can be as creative as you’d like within the following guidelines. Your Submission should ---
   
   
   • be in keeping with Sponsor’s goodwill and image;
   • not disparage Sponsor or any other person or party affiliated with the Sweepstakes, or Sponsor’s competitors;
   • not be offensive or contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libellous, or in the sole discretion of Sponsor not in good taste, or that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
   • not contain brand names other than Sponsor’s, tradenames other than Sponsor’s, trademarks other than Sponsor’s, or any other third-party identifying marks;
   • not refer to third parties without their express permission;
   • not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created;
   • not defame or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s personal or proprietary rights (including without limitation any intellectual property rights), as determined by the Sponsor in its sole discretion;
   • not infringe any third-party rights; and
   • not use parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to show the Submission in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Sweepstakes, or from allowing Sponsor to use the Submission online, or in other venues or properties including in television and any and all media.
   By submitting an Entry, each Entrant represents and warrants that he or she has all rights to use and license all aspects of the Submission submitted and that he or she has obtained all necessary permissions from relevant third parties (including those appearing in the Submission) to submit the Submission. Any images used in the Submission must be an original work of authorship under U.S. Copyright Law. All photographs of any minor or third-party must have the permission of each minor’s parent or legal guardian, or of the third-party, authorizing the Submission and Sponsor’s right to use the Submission as set forth herein. Sponsor may contact you via phone or email requesting a minor or third-party release and if you are unable to produce such release you may forfeit any prize. Each entrant agrees to indemnify the Releasees (as defined in Section 12) for all claims relating to violations of copyright, trademark and right of publicity resulting from or in connection with such entry.
   
   
   • • Although Sponsor is not reviewing Submissions for copyright or trademark violations, if, in the sole discretion of Sponsor, it is believed the Submission constitutes or may constitute copyright or trademark infringement, the Submission will be disqualified. Entries will not be judged, all winners will be determined solely by a random drawing.
   • Sponsor reserves the right to exclude any Submission that it believes, in its sole discretion, doesn't meet these Submission Guidelines, and to delete any such Submission from any and all location(s) under Sponsor’s control.
8. Odds: Odds of winning a prize depends on the number of eligible Entries received.
9. Prizes: Three (3) Grand Prizes will be awarded (each a “Prize,” and collectively the “Prizes”).
   
   
   • Each Grand Prize winner will receive a SiriusXM Tour radio with 360L (Approx. Retail Value "ARV": $150) and a 12-month SiriusXM All Access subscription (ARV: $264). Total ARV per Grand Prize: $414.00
   Total ARV of Grand Prizes: $1,242.00
   
   All Prizes are awarded "AS IS." No substitution, transfer, or cash redemption of Prize permitted, provided however that Sponsor reserves the right to substitute a Prize with another prize of equal or greater value should the advertised Prize become unavailable for any reason, and no winner is entitled to any difference between the actual value and the retail value of any Prize. Winners may not assign or transfer their Prize to another person or business. Selected Entrant is solely responsible for any and all federal, state, and local taxes on Prize. If Prize notification or any Prize is returned as undeliverable, or if Selected Entrant may not accept or receive a Prize for any reason, Prize will be forfeited. Sponsor will not make multiple attempts to contact Selected Entrants. Garmin is not a sponsor or endorser of this Sweepstakes. Prizes depicted in marketing materials may vary from final Prize awarded (color, size, model, generation).
10. Winner Selection and Notification of Selected Entrant: On or about December 15, 2020 three (3) Grand Prize winners will be chosen in a random drawing from among all eligible Entries received (each, a “Winner,” and collectively, the “Winners”).
    
    Winners will be notified of their selection via Instagram direct message to confirm they are at least eighteen (18) years of age and live in the United States and satisfy all other eligibility requirements in these Rules. Selected Winners must maintain their Instagram account in public (Not Private) mode in order to receive the Instagram direct message. Winners will have forty-eight (48) hours to respond and claim their Prize. If they do not respond within 48 hours, Sponsor may, in its discretion, randomly select another Entrant as a Winner from among the remaining eligible Entries. Winners may also be required to execute and return to Sponsor a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Winners will be required to complete and return the Release within five (5) days from the date of the notification. An alternate Entrant may be randomly selected from among the remaining eligible Entries if a selected Winner: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the Prize for any reason. Sponsor will send Prizes to Winners who satisfy all of the above requirements via U.S. postal mail within eight (8) to ten (10) business days of the date on which Sponsor receives the Winner’s address and the completed, signed Release (as applicable) (exact timing subject to change based upon availability of Prize).
11. Publicity: By participating in the Sweepstakes, Entrants irrevocably grants Sponsor and its affiliates and agents and their respective successors, assigns and licensees (“Licensees”), the right to use Entrant’s, name, Submission and Entry in any and all media, now known and hereinafter developed, for any reason, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Feed or the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
12. General Conditions: Except where prohibited, Entrants agree to be fully and unconditionally bound by these Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond its control impairs the integrity or proper and intended functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Feed, to be acting in violation of these Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed Prizes will not be awarded. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the Winners. U.S. Entrants may be issued an IRS Form 1099 for the ARV of any awarded Prize. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution, except where prohibited.
13. Limitations of Liability: If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the affected Entrant's sole remedy is another entry in the same Sweepstakes during the Sweepstakes Period. Except where prohibited, Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and its affiliates and their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any Prize, (ii) participation in any activity, event, or excursion offered in connection with the Prize, (iii) use of any facility, service and/or accommodation related to the Prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Disputes: By entering the Sweepstakes, 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 Sweepstakes 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 Sweepstakes, but in no event include 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 Sweepstakes 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 Rules or terminate or rescind any of the rights granted in these Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the respective rights and obligations of the Entrants and Sponsor in connection with the Sweepstakes 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 Sweepstakes or relating to these 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 Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Rules shall prevail.
15. Use of Information: By participating in the Sweepstakes, each Entrant agrees that information submitted via the Entry process as well as during any other stage of the Sweepstakes will be subject to Sponsor's Privacy Policy available at siriusxm.com/privacy and may be used as permitted pursuant to such policies, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes (including Winner notification and provision of the Winner’s name when requested).
16. Sweepstakes Results: For a list of Winners and/or a copy of these Rules, send a hand-printed, self-addressed, stamped envelope no later than December 31, 2020 to SiriusXM, Inc., Attn: SiriusXM Aviation Sweepstakes, 1221 Avenue of the Americas, 37th Floor, New York, New York 10020.