Weddings Week 2008 Contest Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Martha Stewart Living Radio Weddings Week 2008 Honeymoon Contest (this "Promotion") is open only to individual persons (each, an "Entrant") who are legal residents of the contiguous United States (the "Territory") and are 21 years or older as of the beginning of the Promotion Period (as defined below) and are engaged to be married to a person 21 years or older. 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. Entries generated by a script, macro or other automated means are void. Entrants who disregard these Official Rules are ineligible to win. Officers, directors, employees, contractors, representatives and agents of Sirius Satellite Radio Inc. ("Sirius"), XM Satellite Radio Inc. Martha Stewart Living Omnimedia ("MSLO") and each of their respective immediate families and household members are not eligible to enter this Promotion.
3. How to Enter.
This Promotion begins at 7 am Eastern Time ("ET") on 6/23/08 and ends at 5 pm ET (the "End Time") on 7/11/08 (the "Promotion Period"). To enter this Promotion, entrants must submit the name, address, phone number, and email address of both themselves and their partner via email along with an original essay of 250 words or less specifying how Entrant became engaged and the wedding ideas created or inspired by Martha Stewart that Entrant plans to incorporate into his or her wedding (each, an "Essay" and together with the contact information, an "Entry", with each Entry collectively referred to as, "Entries"). Entries may be submitted (1) via e-mail sent to: email@example.com (please put "Weddings Week Contest" in the subject line) or (2) via first class US mail sent to: Martha Stewart Living Radio "Weddings Week Contest" 11 West 42nd Street 25th Floor, New York, NY 10036. Regardless of the method of submission, Entries must be received by Sirius by the End Time on the last date of the Promotion Period.
Express, Priority, Registered, Certified and messenger mail are ineligible. Sirius is not responsible for any postage-due, misdirected, lost, late, inaccurate or incomplete entries, and such entries will be void. Sirius is not responsible for: (1) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, (2) garbled or jumbled transmissions, (3) service provider/Internet/web site/use net accessibility or availability, traffic congestion, (4) unauthorized human intervention or (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information. All entries and other materials submitted by Entrants in connection with this Promotion become the property of Sirius and will not be returned or acknowledged. Proof of sending or submission will not be deemed to be proof of receipt by Sirius. By entering this Promotion, unless prohibited by law, each Entrant grants to Sirius the right to use, display, distribute and/or publish (and to authorize MSLO to use, display, distribute and/or publish) such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived therefrom, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Sirius otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Sirius, MSLO, its and their products and/or services, without compensation. Acceptance of a Prize constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.
Apple Vacations offers round-trip charter air to Cancun from the following gateway cities: Baltimore, Buffalo, Chicago, Cincinnati, Cleveland, Columbus, Dallas-Fort Worth, Denver, Detroit, Hartford, Milwaukee, Minneapolis, Newark, New York, Philadelphia, Pittsburgh, Rockford and St. Louis. Subject to change throughout the year. The Prize cannot be substituted, exchanged or transferred, except that Sirius reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Each Winner must sign a release prior to booking travel. Actual retail value of the Prize depends on location of Winners and fares at time of departure.
All vacations are approved on a promotional basis & are subject to availability. Blackout dates do apply. Travel is not permitted during from 2/1-3/31 and during holiday periods (including 5 days prior and after).This trip is valid through December 15, 2008. Travel dates are final and will not be extended. Trips are non-transferable and cannot be exchanged for cash. Apple Vacations reserves the right to substitute the vacation with another of equal value, equal Apple rating or within the same hotel chain should any unforeseen circumstance occur. Hotel to be determined by Apple Vacations. Trips are valid for 2 adults ONLY per room and do not include any special promotions. NO room upgrades. Winner must be at least 21 years old or traveling with a legal guardian.
Sirius and Apple Vacations will award (1) three-night trip to Secrets Maroma Beach Riviera Cancun in Riviera Maya, Mexico for two adults departing from Apple Vacations' nearest charter gateway. Trip includes three-night accommodations, round-trip charter air, transfers to/from resort, non-motorized water sports, all food/drinks and the assistance of an in-resort Apple Representative. Trip is valued at $2500 and is valid for travel through December 15, 2008. Taxes and additional expenses (such as optional excursions, spa treatments, phone calls, and souvenirs) are the sole responsibility of the winner.
5. Drawing and Odds of Winning.
Within three (3) days after the Submission Due Date, weddings editors of MSLO will select three (3) Entrants who submit the best Essays (each such Entrant and his/her fiance, a "Finalist") using the following criteria: overall dramatic impact of the engagement story (33 percent); level of incorporation of wedding ideas created or inspired by Martha Stewart (33 percent) and originality (33 percent). The submissions will then be posted online to be voted on by Martha Stewart listeners.
All Finalists must be available via telephone (or, at the applicable Finalist's election, live at Sirius' New York studios at such Finalist's sole cost and expense) to appear on a Martha Stewart Living Radio segment on July 18, 2008 when the winner, chosen by listeners will be announced on air. Each Finalist must sign a waiver and release prior to the segment taping concerning Finalist's appearance and granting rights to use such appearance in any and all media, including without limitation, radio and television. All Finalists must be available at the time of such segment taping to be eligible for the Prize.
Each potential Finalist and his/her entry shall be subject to verification and the requirements of these Official Rules. Sirius will notify Finalists by telephone. If required by IRS regulations Sirius will require Finalists to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 prior to participation in the trivia contest and, if applicable, prior to the delivery of any Prize (collectively, "Affidavit"). If a Finalist or Winners do not respond to any notification by Sirius within 2 days, is found to be ineligible, fails to execute any documentation required by Sirius and/or a Prize is returned as undeliverable, Sirius will consider such Finalist to have forfeited participation in the trivia contest or, if applicable, the Prize, and in each such instance another Finalist will be selected as time allows. Sirius reserves the right to modify notification procedures in its sole discretion, if necessary due to time constraints. Sirius reserves the right to disqualify any Entrant for any reason, including without limitation, if that Entrant has not complied with these Official Rules or has interfered, in Sirius' sole opinion, with the proper conduct of this Promotion. Payment of all taxes is the sole responsibility of the Winners. Winners may be issued an IRS Form 1099 for the approximate retail value of the applicable Prizes. By entering this Promotion, unless prohibited by law, each Entrant grants to Sirius the right to use, display, distribute or publish such Entrant's name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived there from, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Sirius otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Sirius, its products and/or services, without compensation. Participation in the trivia contest constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.
7. Use of Entrant Information for Marketing Purposes.
By entering this Promotion, Entrant agrees that, unless Entrant otherwise opts out on the Promotion Website, Sirius or its designees may use Entrant's, physical and/or email address to contact Entrant regarding Sirius' satellite radio service and other offers and/or promotions that Sirius believes may interest Entrant.
8. Dispute Resolution; Limitation of Liability.
Each Entrant agrees to release, defend, indemnify and hold harmless Sirius, those working on its 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 Promotion 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 Promotion 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.
9. General Conditions.
This Promotion is subject to all applicable Federal, State and local laws and regulations. By entering this Promotion, each Entrant agrees to be bound by these Official Rules and the decisions of Sirius, and to accept delivery of the Prize based upon availability. In addition, each Entrant represents and warrants that all information contained in his/her entry is true and accurate. Sirius is not responsible for any printing errors in these Official Rules. Sirius is not responsible for injury or damage to Entrants' or to any other person's computer related to or resulting from participating in this Promotion. In the event this Promotion is compromised for any reason (including computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Sirius) which, in the sole opinion of Sirius, corrupts or impairs the administration, security, fairness or proper play of this Promotion, Sirius reserves the right in its sole discretion to suspend, modify or terminate this Promotion. Sirius is not responsible if any Promotion cannot be implemented or any Prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way in Sirius' sole discretion shall be disqualified. This Promotion is void where prohibited.
10. Promotion Sponsor; Obtaining a Winner's List.
This Promotion is sponsored by Sirius Satellite Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020. To receive the names of Winners, send a self-addressed, stamped envelope (except where prohibited), and a note identifying the name of this Promotion, after the Promotion Period has ended but within 120 days of the last date of the Promotion Period, to the address above, Attention: Promotions Department.