The SiriusXM Marine Sea Dub Fishing Team 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.
- Sponsor: Sirius XM Radio LLC, 1221 Avenue of the Americas, 35th Floor, New York, New York 10020.
- Entry Period: This Sweepstakes begins at 12:01 a.m. Eastern Time ("ET") on October 3, 2021 and ends at 6:00 p.m. ET on October 17, 2021 (the "Entry Period"). Any entries received after the Entry Period will not be considered.
- Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age or older as of the start of the Entry Period. Entrants must have a valid Instagram account throughout the Entry Period. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Sponsor, Sea Dub Fishing Team and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
- 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.
- Mandatory Instagram Disclosure: This promotion is in no way sponsored or endorsed by, or associated with, Instagram. By participating in the Sweepstakes, entrants hereby agree Sea Dub Fishing Team and Sponsor's collection and usage of their personal inforamtion for purposes of administering the Sweepstakes and for marketing purposes. Please review Sponsor's Privacy Policy, available at siriusxm.com/privacy.
- 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 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 instagram.com/about/legal/privacy/. Make sure that the “Private Account” setting is turned off, or Sea Dub Fishing Team and 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. During the Entry Period, complete the following steps to earn an entry into the Sweepstakes
- Follow SiriusXM Marine (@siriusxm_marine) and Sea Dub Fishing Team (@seadubfishingteam) on Instagram (the "Feed");
- 'Like' the Sea Dub Fishing Team (@seadubfishingteam) Sweepstakes announcement post; and
- In the comments to teh post, tag three (3) friends along with #MarineSweepstakes who you think would benefit from SiriusXM's weather service.
- Odds: Odds of winning a prize depends on the number of eligible Entries received.
- Prizes: One (1) Grand Prize and Two (2) First Prizes will be awarded provided a sifficient number of entries are received.
- The Grand Prize winner will receive a 6-month subscription to SiriusXM Marine Offshore weather (Approx. Retail Value "ARV" $360)
- Each First Prize winner will receive a Fish Mapping hat and buff (ARV: $20)
The Grand Prize will be awarded in the form of a non-refundable service credit placed on the winner's existing or new SiriusXM account. Sponsor will work with Grand Prize winner to set up any necessary account needed to award the prize. Prizes cannot be transferred, sold or redeemed for cash or refund. 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 prizewinners are solely responsible for any and all federal, state, and local taxes. If any prize notification or any Prize is returned as undeliverable, or if winner is not able to accept or receive a Prize for any reason, prize will be forfeited. Neither Sea Dub Fishing Sponsor will not make multiple attempts to contact potential winners. Any prizes depicted in marketing materials may vary from final prize awarded (color, size, model, generation). - Winner Selection and Notification of Selected Entrant: On or about October 25, 2021 one (1) Grand Prize winner and two (2) First Prize winners will be chosen at random from among all eligible Entries received (each, a "Winner," and collectively, the "Winners").
Potential Winners will be notified via Instagram. If user has enabled direct messaging on their Instagram account, potential winner will be notified via direct message on their Instagram account from Sea Dub Fishing Team. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification via a comment on their submitted Instagram comment from Sea Dub Fishing Team. Potential winners may be required to execute and return a Declaration of Eligibility and Liability Release, and, where lawful, publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, or a prize or prize notification is returned as undeliverable, or Sea Dub Fishing Team is unable to contact a potential winner, or potential winner does not respond to Sea Dub Fishing Team communication with 48 hours from time of contact for any reason, or a potential winner is not in compliance with these Official Rules, the Prize will be forfeited and, at Sponsor’s discretion up to three (3) alternate Winners may be determined, after which the applicable prize will go un-awarded. - Publicity: By participating in the Sweepstakes and accepting a prize, Entrants grant Sea Dub Fishing Team and Sponsor and their affiliates and agents and their respective successors, assigns and licensees ("Licensees"), the right to use Entrant’s, name, 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 Sea Dub Fishing Team and Sponsor from any liability with respect thereto, unless prohibited by law.
- 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.
- Limitations of Liability: Except where prohibited, Selected Entrants agree to release, discharge, indemnify and hold harmless Sponsor, Sea Dub Fishing Team and their respective affiliates, 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 either Sponsor or Sea Dub Fishing Team 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.
- 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, Sea Dub Fishing Team 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.
- Winner List: For a list of Winners send a hand-printed, self-addressed, stamped envelope no later than November 15, 2021 to SiriusXM, Inc., Attn: SiriusXM Marine- Sea Dub Fishing Team Sweepstakes 1221 Avenue of the Americas, 35th Floor, New York, New York 10020.
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