FACTION LISTENER PROGRAMMING PROMOTION
OFFICIAL RULES
1.NO PURCHASE NECESSARY TO ENTER.
2.Eligibility. The Faction Listener Programming Promotion (this "Promotion") is open only to individual persons (each, an "Entrant") who are legal residents of the continental United States (the "Territory") and are 18 years or older as of the date of entry. 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., and each of their respective immediate families and household members are not eligible to enter this Promotion.
3.How to Enter. No purchase is necessary to enter or win this Promotion. This Promotion begins at 9:00 A.M. Eastern Time ("ET") on February 28, 2007 and ends at 8:59 A.M. ET (the "End Time") on January 28, 2008 (the "Promotion Period"). To enter this Promotion, go to the www.sirius.com/Faction (the "Promotion Website"), complete the online entry form and click "submit" ("Entries"). Entries must be received by the End Time on the last date of the Promotion Period. We are looking for the best listener generated programming to air on Sirius' Faction Channel. Entries must include a proposed play list of 10 to 15 songs from publicly releases albums. Entrants must have the ability to record themselves at home or from another location and to burn their recordings onto compact disc. Sirius is not responsible for any 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 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.
4.Prizes. Sirius will award weekly prizes consisting of the playing of Winners' recordings on Sirius' Faction channel on days and times determined by Sirius in its sole discretion (the "Prizes"). Sirius reserves the right to play no recordings on Sirius' Faction channel during any week in the event that no suitable entries are received. The approximate retail value of the Prize is $100. 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.
5.Drawing and Odds of Winning.
  Round 1. Each week during the Promotion Period, a panel of judges made up of programming staff from Sirius' Faction channel (the "Judges") will select two to ten entries using the following criteria: (i) Suitability for airplay on Sirius' Faction channel (60%); (ii) originality of theme, (20%); (iii) originality of music choices (20%); and (iv) overall quality (20%). In the event of a tie, the tying Entrants will be re-judged and the highest score in criterion (i) will be named the tying finalists. In the event of a further tie, the tying entrants, with the highest score in criterion (ii) will be named the tying finalists.
  Round 2. Round 2. Each week, the selected Entrants with the highest scores in Round 1 will be asked to record voice tracks to introduce the songs on their play lists. The recordings may not include any music or commercial advertisements. Entrants will be required to send such recordings to Sirius on compact disk, within three days of being notified by Sirius. Together with each recording submission Sirius will require Entrants to return an executed affidavit of eligibility, assignment and release (the, "Release"). If an Entrant does not execute and return the Release together with the recording, such Entrant will be disqualified. If an Entrant is a person who is not of the legal age of majority in his/her state of residence (a "Minor"), the Minor's parent or legal guardian will be required to execute the Release on the Minor's behalf. The Judges will select one or more winners using the following criteria: (i) overall suitability for airplay on Sirius' Faction channel (60%); (ii) sound quality of recording, (20%); (iii) quality of Entrant's voice (20%); and (iv) appeal of Entrant to Faction listener-base (20%). In the event of a tie, the tying Entrants will be re-judged and the highest score in criterion (i) will be named the tying winner. In the event of a further tie, the tying entrants, with the highest score in criterion (ii) will be named the tying winner. The Judges will select at least one winner each week if at least one recording is suitable for airplay on Sirius' Faction channel, and reserve the right to select multiple winners./td>
6.Prize Winners. Each potential Prize winner and his/her entry shall be subject to verification and the requirements of these Official Rules. Sirius will notify Prize winners by e-mail or telephone. 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. By entering this Promotion, unless prohibited by law, each Entrant grants to Sirius the right to use, display, distribute or publish such Entrant's recordings, 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. Entrant hereby waives 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 partners may use Entrant's, physical and/or e-mail 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 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 a list of Prize winners, send a self-addressed, stamped envelope, 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.