The Kim Komando Show® "Win a trip for two to Phoenix to meet Kim" Sweepstakes #62 Official Rules and Regulations
The following constitutes the Official Rules and Regulations (herein, "Rules") for The Kim Komando Show® “Win a trip for two to Phoenix to meet Kim” (herein, “Sweepstakes #62”).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
These rules govern the operation of Sweepstakes #62. Sweepstakes #62 begins June 19, 2014, at 12:01 a.m. Mountain Standard Time (UTC-7) and ends on September 30, 2014, at 11:59 p.m. Mountain Standard Time (UTC-7).
WestStar Multimedia Entertainment is the Administrator (herein, "we", "the Administrator," “sponsor,” or "the Network") of this Sweepstakes #62.
In order to be eligible to win a prize in this Sweepstakes #62, you must first enter in exact accordance with these Rules. As an entrant (herein, "entrants", "you" or “your”), you hereby agree to, and, upon your entry, shall be bound by, all of the Rules listed herein. Your entry signifies your full acceptance of, complete agreement with, and your willingness to fully abide by all of these Rules.
1. You will be required to provide, among other things, your name, address and email address.
3. All entries become the sole property of the Administrator. No entries will be acknowledged.
4. The complete Terms and Conditions of using our website are here: http://www.komando.com/terms.aspx.
1. Sweepstakes #62 is open to entrants 18 years of age or older, legal residents of the United States of America, Guam, Puerto Rico, and the U.S. Virgin Islands, are actually and legally residing in the United States of America, Guam, Puerto Rico, and the U.S. Virgin Islands at the time of entry and subsequent prize awards.
2. If you do not reside in the above locations, you are not eligible to enter or win. (This restriction is due, in part, to certain governmental import/export prohibitions.)
3. Exceptions to this Eligibility Rule are made for active duty U.S. Military personnel and their families who are stationed overseas, and who also have a valid A.P.O. or F.P.O. military mailing address.
4. To enter using a military mailing address, give us the name of your unit in the "Address:" field, enter A.P.O. or F.P.O. in the "City:" field, and select the appropriate Military "State" based on the theater of deployment:
o Armed Forces Africa – AE
o Armed Forces Americas (except Canada) - AA
o Armed Forces Canada - AE
o Armed Forces Europe - AE
o Armed Forces Middle East - AE
o Armed Forces Pacific – AP
5. Employees, their immediate families and sponsors of The Kim Komando Show® and its affiliate broadcast stations, together with the employees and the immediate families of WestStar Multimedia Entertainment, WestStar Television Productions, Inc., WestStar Affiliate Sales, Inc., WestStar Digital Audio Services, Inc., The Komando Corporation, Inc., Barry Young Entertainment, Inc., the sponsor or any of the other companies or entities which may supply prizes or any other service to this Sweepstakes #62, may not enter and shall not be eligible to win a prize.
C. How to Enter & Win
1. There are two (2) ways to enter:
(a) On-line: – Visit club.komando.com] and sign up for a membership to Kim’s Club. All Kim’s Club members are automatically entered into contests. See automatic entry information below
(b) FREE Entry by Mail – Hand print your first/last name, mailing address and e-mail address on a 3” x 5” card and mail in a hand addressed envelope to: Sweepstakes #62, WestStar Multimedia Entertainment, Inc. 2711 N. 24th Street, Phoenix Arizona 85008. Mailed Entries must be postmarked no later than September 30, 2014 and received no later than October 7, 2014.
1. Automatic daily online entry for Kim's Club members: All eligible and active Kim's Club members will be automatically entered online each day of this Sweepstakes #62.
2. Kim's Club membership is determined valid if the member's paid subscription account is active as of 1:00 a.m. Mountain Time (UTC-7) each day of this Sweepstakes #62. Kim's Club account status can be determined by viewing the member's Account Information page.
3. If an eligible and active Kim's Club member manually enters Sweepstakes #62 daily before 1 a.m. Mountain Time (UTC-7), that entry will supersede their automatic daily entry. The automatic daily entry for Kim's Club members will not alter the member's Newsletter subscription preferences.
4. Should any automatic entry be selected as a prize winner, by acceptance of that prize, the Kim's Club member agrees to full acceptance and complete agreement with all of these Rules, and to be bound hereunder and to abide by all of the Rules listed herein.
5. Neither shall we incur any responsibility nor obligations for any real or perceived deficiency in the levels of telephone service or Internet access at any levels or regions or areas across the United States of America or anywhere else.
6. Winners shall be determined by drawing conducted by Kim Komando or her authorized representative. Entries will be accepted between June 19, 2014 and September 30, 2014.
7. The Grand Prize winner will be determined by a drawing conducted by Kim Komando or her authorized representative. Drawing will be conducted on or about October 1, 2014.
8. Winner names will be published on or about October 10, 2014, on the www.Komando.com website, at http://
119. THE ODDS OF WINNING DEPEND UPON NOT ONLY THE NUMBER OF VALID ENTRIES RECEIVED AT THE TIME OF DRAWING, BUT ALSO A NUMBER OF DYNAMIC AND VARIABLE FACTORS. (See Paragraph 3., "How to Enter and Win.") All decision(s) by the Sponsor shall be final.
1210. Attempts to circumvent any rule of this Sweepstakes #33 62 shall result in immediate and permanent disqualification from this entire Sweepstakes #3362.
1311. Winner will be required to complete and sign a Declaration of Eligibility and Liability/Publicity Release to receive any and all Prizes. Declaration of Eligibility and Liability/Publicity Release must be completed, signed and returned within ten days of receipt. Failure to return such documentation within the designated time period voids the Sponsor’s obligation to award any prize.
1412. Winners' names may be published at any time on the Komando.com® website, located at http://komando.com/contests/meet-kim or elsewhere as determined by Sponsor. In addition to this Paragraph 11, all of the previsions of Paragraph G., below, also apply to the above referenced publication.
1513. All entries become property of the Sponsor, and no entries will be acknowledged.
D. Limitations of Liability
1. By participating in this Sweepstakes #3362, you hereby forever and unconditionally release and hold harmless the Administrator, Kim Komando®, The Kim Komando Show®, WestStar Multimedia Entertainment, its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, sponsors, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, from any and all liability or claims for damages or potential damages caused or allegedly caused by any performance, failure of performance, defects or damages in products or workmanship, error, omission, or interruption, deletion, delay in operation or transmission, computer virus, communication line failure(s), breakdown of equipment, software error(s), unauthorized access to, or theft, destruction or alteration related in any way whatsoever to the receipt of any prizes awarded hereunder or to this Sweepstakes #62.
2. You hereby specifically agree to forever release and hold harmless Kim Komando®, The Kim Komando Show®, WestStar Multimedia Entertainment, its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, sponsors, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, against any and all liability, claims, demands, damages and expenses (including attorneys fees) arising directly or indirectly out of the operation of any part of this Sweepstakes #3362.
1. The prize for this Sweepstakes #33 62 is described on the Komando.com website, at http://komando.com/contests/meet-kim/prizesprizes. The prize may be substituted or upgraded by the Administrator at any time. There is one prize package, consisting of the most current version of the prize.
2. Winner(s) hereby specifically agree to forever release and hold harmless Kim Komando®, The Kim Komando Show®, WestStar Multimedia Entertainment, its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, sponsors, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, against any and all liability, claims, demands, damages and expenses (including attorneys fees) arising directly or indirectly from this contest.
3. An awarded prize or prizes shall not be substituted, traded, exchanged or sold back to the Administrator for its equivalent (or less) cash value, nor shall it be modified in any way whatsoever from the descriptions listed herein, except as provided under these rules.
4. Prize winner(s) will be notified within 30 days, if possible, using the information which they, as entrants, provided to us and we shall make all reasonable efforts to contact each winner using that information. However, the Administrator shall not held be responsible for any incorrect information, regardless of the reason or reasons.
5. If we are not able locate or contact a selected prize winner after a period of forty five (45) days from the conclusion of Sweepstakes #3362, then that particular prize may be donated to a suitable charitable organization or may be disposed of in any manner at the Administrator’s sole discretion.
6. We will use our best efforts to deliver prize to the winner in a short and timely manner (estimated 2-3 weeks, but possibly as long as 12 weeks). We shall not be responsible or obligated for any event or events that may delay shipment or deliveries, which are reasonably beyond our control. In addition, Administrator shall have no liability whatsoever with respect to any shipping prohibitions or delays or any other rules or regulations which could, in any way, prohibit, delay or interfere with Administrator’s ability to ship or to transfer any prizes to military or any other address.
7. UNDER NO CIRCUMSTANCES SHALL ANY PRIZE OR AWARD BE SHIPPED OR TRANSFERRED TO AN ADDRESS OUTSIDE THE UNITED STATES OF AMERICA, PUERTO RICO, GUAM OR THE U.S. VIRGIN ISLANDS, except to active duty United States military personnel (and their immediate families) who are stationed outside the United States or its possessions or territories, but who have a valid A.P.O. or F.P.O. mailing address, and are otherwise eligible to enter and win in this Sweepstakes #3362.
8. In the event that a prize winner declines or refuses to accept the awarded prize(s), or in the event that notification cannot be accomplished within thirty (30) days of the first notification attempt, that prize winner shall be disqualified and the Administrator may select an alternate prize winner for that particular prize or dispose of the prize at the sole discretion of the Administrator.
1. The winning of a prize, especially a prize of high value, may have certain tax ramifications for you. As required by Federal & State Law, we may issue to you an IRS 1099 form in the amount of the manufacturer's suggested retail value (which shall be stipulated by the manufacturer or supplier of your prize) or as otherwise determined by us. Further, we may be required to report to the IRS the value of your winnings.
2. The value of any prize awarded hereunder shall be the published Manufacturer’s Suggested Retail Price (M.S.R.P.) in effect on a date on or near the date of the prize award.
3. In order to receive your prize, you hereby agree to accurately report to us any and all information that we may be required by law to collect for tax purposes (including your Social Security or Taxpayer Identification Number).
4. In the event that you fail to provide this legally required tax information to us, we may, at our sole option, cancel the prize award to you. In such an event, you agree that you shall have no recourse against us, and you hereby release and hold harmless Kim Komando®, The Kim Komando Show®, WestStar Multimedia Entertainment, its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, sponsors, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, against any and all liability, claims, demands, damages and expenses forever (including attorney’s fees) and that we shall have no further obligation to you in any way whatsoever.
5. Federal law requires that the tax or taxes which are due on any prize valued at $5,100.00 or greater must be collected from winners through an IRS procedure not directly involving the Administrator herein before the award and distribution of the prize. However, all federal and state withholding laws are subject to change without notice. The tax withholding laws which are in effect at the time of a prize award or distribution will be followed by the Administrator. Check with your financial advisor for additional information and how the awarding of any prize as described herein will affect you.
G. Your Privacy & Our Rights to Publicize Winners Information
1. As a prize winner herein, you agree that we and our prize suppliers and/or our sponsors may use, for promotional purposes and in ways to be determined by the Administrator, your photograph, name, voice, face and/or likeness, together with your city and state of residence, the description and value of the prize that you shall have won hereunder, and your local radio station information (herein, "your information"). Information such as your telephone number and street address will not be made public. We may, from time to time, use your information over the air, online and in print as we, in our sole judgment and discretion, see fit and deem to be appropriate and necessary.
2. By entering and/or accepting any awarded prizes hereunder, and for good and valuable consideration to be transferred from the Administrator (namely, the privilege to enter to win and to possibly receive any prize awarded in the operation of this Sweepstakes #3362), you hereby grant to us an irrevocable, perpetual, unlimited and ongoing right to utilize any and all information provided as described herein without any further notice or obligation to you in any way whatsoever. You further hereby specifically agree that the use of your information by the Administrator, prize suppliers and/or sponsors of Sweepstakes #33 62 in any way and through any means now known or later devised shall not be deemed or considered a violation of any of your privacy or intellectual property rights in any way whatsoever.
3. The validity and operation of this rule shall survive and continue in full force and effect past the ending date of this Sweepstakes #33 62 and shall inure to the benefit of the Administrator, sponsor, its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, sponsors, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, in perpetuity.
H. Revision of Rules
1. The Administrator hereby reserves the right to modify and/or revise these Rules at any time during this Sweepstakes #33 62 by the act of publication at this Web location (at any time and without any form of prior notification).
2. Rules shall be considered revised and/or updated upon their publication.
3. All prior rules shall thereby be rendered null and void and shall not be enforceable in any way whatsoever.
I. Miscellaneous Provisions
1. Entrants hereby specifically agree that any and all issues and/or questions concerning these Rules, the operation of this Sweepstakes #3362, or the rights and obligations of entrants or the Sponsor(s) in connection herein shall be governed according to, and under the laws of, the State of Arizona without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona.
2. Entrants hereby specifically agree that and indicate their agreement by the act of having entered this Sweepstakes #3362, should any litigation arise out of the operation of this Sweepstakes #33 62 concede that the court which shall have first jurisdiction in any legal matters pertaining hereto, shall be a court of appropriate jurisdiction which shall be located within Maricopa County, Arizona. This rule is binding upon all entrants, whether they are a winner or not, and whether or not the matter of winning is in dispute.
3. Entrants hereby specifically agree that neither the Administrator or its sponsor shall be held liable in any way whatsoever for any delay or failure in performance of any part of this Sweepstakes #33 62 from any cause beyond its control and without its fault or negligence, including, but not limited to, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, nuclear accidents, strikes, lockouts, extended power blackouts, natural disasters such as earthquakes, floods, volcanic action, unusually severe weather conditions or other major environmental disturbances, inability to secure transportation facilities, failure or partial failure of software or hardware products or the services of other persons, acts or omissions of transportation or communications, common carriers and legal and/or regulatory constraints affecting the Administrator or its sponsor in their performance of their obligations hereunder (herein, “Force Majeure").
4. Entrants hereby specifically agree that any and all claims and/or causes of action which arise or could arise from, or in connection with, this Sweepstakes #3362, shall be resolved individually, without resort to any form of class action, and that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with this Sweepstakes #3362, but in no event shall such damages include attorneys fees. Each entrant (and/or entrant’s parent/legal guardian [if entrant is a minor]) hereby waives all rights to punitive, incidental, consequential, or any other damages, other than actual out-of-pocket expenses. No entrant (and/or entrant’s parent/legal guardian [if entrant is a minor]) shall claim or receive any damages subject to being multiplied or otherwise increased.
5. In the event that any rule or any provision of this Sweepstakes #33 62 is found to be in conflict with any state, municipal or governmental statute, regulation or law, then that rule (or rules) shall be deemed changed as necessary in order to conform to all statutes, regulations or laws, if possible. If not possible, then this entire Sweepstakes #3623 shall be deemed to be void in that jurisdiction or municipality, and those living in that jurisdiction or municipality shall be deemed ineligible to participate or win hereunder. And in such an event, neither the validity nor enforceability of any other rule in this Sweepstakes #33 62 shall be affected in any way whatsoever and shall remain in full force and binding effect.
6. Entrants hereby specifically agree that the Administrator is and shall be the sole interpretative and final authority as to these rules and the operation of this Sweepstakes #3362. The Administrator’s decisions hereunder are final. Should there be any conflict or potential conflict with any other rule herein, that conflict shall be resolved by the Administrator and in the Administrator’s best interests.
7. These rules are the full and complete rules and hereby supersede, nullify and void any and all prior rules.
J. Inquiries and Questions
1. Inquires of any type shall be submitted in writing, via U.S.P.S. Certified Mail, Return Receipt Requested, and shall be directed to:
Sweepstakes #33 62 Administrator
WestStar Multimedia Entertainment
2711 N. 24th Street
Phoenix, AZ 85008
2. The Administrator shall not be responsible for lost, misdirected, or late mail.
K. FCC & Radio Sweepstakes
1. This Sweepstakes #33 62 is not a part of any other sweepstakes, contests or promotions.
2. This Sweepstakes #33 62 is conducted primarily via the Internet. Nevertheless, to the best of the Administrator’s ability and knowledge, Sweepstakes #33 62 conforms to the standards set by the National Association of Broadcasters’ (NAB) guidelines pertaining to radio Contests and Sweepstakes and all applicable FCC rules, regulations and requirements (47 C.F.R - 73.1211).
3. NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
L. Trademarks, Copyrights, Logos
1. The Administrator hereby specifically disclaims any and all other copyrights, trademarks and/or trade names that are used herein which are not owned by the Administrator or its sponsor. In such cases of use, the Administrator hereby states and affirms that the use herein is for descriptive purposes only
The Kim Komando Show® and all material pertaining thereto is a Registered Trademark/Servicemark: No. 2281044. America's Digital Goddess® and all material pertaining thereto is a Registered Trademark/Servicemark: No. 3,727,509 and together with this Sweepstakes #3362 is protected by Copyright © 1995 - 2014 WestStar Multimedia Entertainment. All rights reserved.