THE VERGE MUSIC AWARDS
Rules and Regulations
July 2008
The Verge Music Awards is sponsored by XM Canada™. XM Canada™ is a registered business
name of Canadian Satellite Radio Inc. Whenever we refer to 'we,' 'our,' 'us' or 'xmradio.ca' in
these Rules and Regulations (the “Rules”) we are referring to XM Canada™ and its affiliates.
The Verge Music Awards will be run in accordance with these Rules, subject to applicable
federal, provincial and municipal laws and regulations. The Rules are subject to change without
notice in order to comply with any federal, provincial and municipal laws, as applicable. All
issues and questions concerning the construction, validity, interpretation and enforceability of the
Rules or the rights and obligations as between the Prize Winners (as defined below) and XM
Canada™ shall be governed by and construed in accordance with the laws of the province of
Ontario including procedural provisions without giving effect to any choice of law or conflict of
law rules or provisions that would cause the application of any other jurisdiction’s laws.
These Rules incorporate by reference our Terms of Use, which apply to everyone who accesses
and uses our Website. We reserve the right to change the Terms of Use without notice. You may
view our current Terms of Use at
http://www.xmradio.ca/about/terms-of-use.cfm.
1)
Eligibility:
a) Eligible Artists
Artist of the year will be selected from among the 150 Artists in regular rotation on the Verge
between June 1, 2007 and June 30, 2008 (“Eligible Artists”). There is no submission process or
entry fee.
b) Eligible Albums
Album of the year will be selected from the 73 Albums released and played in regular rotation on
the Verge between June 1, 2007 and June 30, 2008 (“Eligible Albums”). There is no submission
process or entry fee.
2)
Additional Interpretations:
Any additional interpretations of the Rules shall be at the sole discretion of The Verge Music
Awards and XM Canada™. XM Canada™ reserves the right to make the final decision in respect
of any and all matters concerning The Verge Music Awards, including, but not limited to the
determination of Eligible Artists, Eligible Albums, voting eligibility and Prize Winners. All
rulings are final.
3)
Selection Process
a) Voting.
There is no submission process. Prize Winners are selected from among Eligible Artists and
Albums, for their respective category by a combination of online voting by XM Canada™
listeners (“Online Voters”) and final determination by a jury appointed by management of XM
Canada™ (the “XM Jury”). Online votes count for 50% of the total vote for each category. XM
Jury votes count for the other 50% of the total vote for each category.
b) Online Voting Eligibility.
By submitting a vote for The Verge Music Awards through our Website, 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.
c) How to Vote Online.
XM Canada™ listeners may vote online for Artist of the Year and Album of the year by going to
www.xmradio.ca and submitting their votes. NO PURCHASE NECESSARY TO VOTE
ONLINE. Limit of one (1) vote per person (identified by IP address), per category. Online Voters
agree that their participation in The Verge Music Awards 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. Online voting will commence on July 17,
2008 and ends September 1, 2008.
d) Indemnification by Online Voters.
By submitting a vote online, Online Voters release and hold harmless XM Canada™, their
affiliates and respective directors, officers, owners partners, employees agents, dealers,
representatives, successors and assigns (the Releasees) from any and all liability for any injuries,
loss or damage of any kind to the Online Voter or any other person, including personal injury,
death, or property damage, resulting in whole or in part, directly or indirectly, from online voting, or any breach of the Rules.
e) Limitation of Liability.
XM Canada™ is not responsible for any incorrect or inaccurate information whether caused by
any equipment associated with or utilized in the Online Voting or by any technical or human error
which may occur in the administration of The Verge Music Awards. XM Canada™ assumes no
responsibility for any error, omission, theft or destruction or unauthorized access to, or alteration
of, Online Votes. Nor is responsibility assumed for printing errors appearing in these Rules or
related Verge Music Awards materials. Online Voters assume liability for injuries caused or
claimed to be caused by voting online or otherwise participating in The Verge Music Awards.
XM Canada™ assumes no responsibility or liability in the event that the Verge Music Awards
cannot be conducted as planned, for any reason, including those reasons beyond the control of
XM Canada™, including Acts of God, war or terrorism, weather conditions, strike, lock-out or
other labor dispute and other reasons such as tampering, unauthorized intervention, fraud,
technical failures, or corruption of the administration, security, fairness, integrity or the proper
conduct of The Verge Music Awards.
f) XM Jury
XM Canada™ reserves the right to appoint, in its sole discretion, the members of the XM Jury.
4)
The Verge Music Awards Prize Money:
a) Prizes.
The Verge Music Awards prizes will be announced live on The Verge XM52 on September 24,
2008.
For the Artist of the Year category, the winning band or artist or group will receive CND$25,000.
For the Album of the Year category, the winning band or artist or group will receive
CND$25,000.
b) Release.
Prizes must be accepted as awarded and cannot be transferred, assigned or substituted. Each Prize
Winner will be required to execute and return a legal agreement and release (“Release”) that
confirms Winner’s: i) eligibility; ii) acceptance of the Prize, as offered; (iii) release of each of
XM Canada™ and its parent company, subsidiaries, affiliates and/or related companies and each
of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees,
representatives, advertising, media buying and promotional agencies (collectively, the
“Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of
participation in The Verge Music Awards, participation in any related activity or the acceptance,
use, or misuse of any Prize, including but not limited to costs, injuries, rights of publicity or
privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising
therefrom; and (iv) grant to XM Canada™ and The Verge Music Awards the unrestricted right, in
their discretion, to produce, reproduce, publish broadcast, communicate by telecommunication,
exhibit, distribute, adapt, and otherwise use or re-use the Winner’s name, photograph, likeness,
and biography, in any and all media now known or hereafter devised, in connection with The
Verge Music Awards and the promotion and exploitation thereof. Each Prize Winner must
provide the executed Release in order to collect the applicable Prize.
5)
General.
XM Canada™ reserves the right to terminate, withdraw amend or suspend The Verge Music
Awards (and/or any aspect thereof, including methods for selection of the Prize Winners), in
whole or in part, at any time without notice for any reason, without liability, at their sole
discretion. In the event a substitute prize is awarded, such prize must be accepted as awarded and
cannot be exchanged for cash or otherwise.
6) Privacy.
Our use of any personal information you provide us through the XM Canada™ Website will be
governed by our Privacy Policy. You may view our current Privacy Policy at
http://www.xmradio.ca/about/privacy-policy.cfm.