Official rules and regulations

The Kim Komando Show® “Win a $100 Gift Card” Sweepstakes Official Rules and Regulations

The following constitutes the Official Rules and Regulations (herein, “Rules”) for The Kim Komando Show® “Win a $100 Gift Card” Giveaway (herein, “Sweepstakes #109”).

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

To the greatest extent possible, we use our best efforts to make all contest rules consistent from one contest to the next; however, each contest giveaway has unique prizes and rules requirements. These rules, therefore, govern only the operation of Sweepstakes #109, which begins October 11, 2022, at 12:01 a.m. Pacific Standard Time (UTC-7) and ends on October 17, 2022, at 11:59 p.m. Pacific Standard Time (UTC-7). No rules, actions or inactions from past contests made by any entity whatsoever shall be considered or applied in this contest.

WestStar MultiMedia Entertainment, Inc., is the Administrator (herein, “we,” “the Administrator,” “sponsor” or “the Network”) of Sweepstakes #109.

In order to be eligible to win a prize in Sweepstakes #109, 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 full willingness to fully abide by all of these Rules.

Attempts to circumvent any rule of Sweepstakes #109 shall result in immediate and permanent disqualification from the entire Sweepstakes #109 and could serve as the basis for disqualification from all future contests operated or controlled by the Administrator.

A. Introduction

In order to enter, you are required to provide, among other things, your name and email address. The winner(s) may then have to provide their physical mailing or delivery address in order to receive the prize.

None of your entry information will be given or sold to any third party or entity. (Please read our complete Privacy Policy at http://www.komando.com/privacy-policy.)

All entries become the sole property of the Administrator. 

The complete Terms and Conditions of using our website are here: http://www.komando.com/terms-conditions.

B. Eligibility

Sweepstakes #109 is open to entrants 18 years of age or older; legal residents of the United States of America, Guam, American Samoa, Puerto Rico and the U.S. Virgin Islands; and persons who are actually and legally residing in the United States of America, Guam, American Samoa, Puerto Rico and the U.S. Virgin Islands at the time of entry and subsequent prize awards.

If you do not reside in any of the above locations, you are not eligible to enter or win. (This restriction is due to governmental import/export prohibitions.)

Exceptions to this Eligibility Rule are made for active-duty U.S. military personnel and their families who are stationed outside the United States and who also have a valid A.P.O. or F.P.O. military mailing address.

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:

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, Inc.; WestStar Television Productions, Inc.; WestStar Affiliate Sales, Inc.; The Komando Corporation, Inc.; Barry Young Entertainment, Inc.; and the sponsors, advertisers, or any of the other companies or entities which may supply prizes or any other service to this Sweepstakes #109 may not enter and shall not be eligible to win a prize.

C. How to Enter and Win

All eligible entrants may participate in Sweepstakes #109 by emailing Kim through a submission form on Komando.com. This method is the only means of entering Sweepstakes #109. Attempting to enter by any other means will result in an invalid entry. (No entries via email, U.S. mail, FedEx, personal deliveries, telephone, fax or any other means shall be accepted.) You may enter only one time.

A potential entrant’s ability to access the entry page of our website is a matter beyond our reasonable control, and we, therefore, shall have no responsibility or obligations for any real or perceived deficiency of the quality (or lack thereof) of any telephone service or internet service in any regions or areas across the United States of America or anywhere else.

One winner will be determined by a drawing conducted by Kim Komando® or her authorized representative. Drawing will be conducted on or about October 17, 2022.

The prizewinner’s name will be published on or about October 17, 2022, on the Komando.com website.

THE ODDS OF WINNING DEPEND UPON NOT ONLY THE NUMBER OF VALID ENTRIES RECEIVED AT THE TIME OF DRAWING, BUT ALSO A NUMBER OF OTHER DYNAMIC AND VARIABLE FACTORS (see Paragraph C., “How to Enter and Win,” No. 3). All decision(s) by the Sponsor and/or Administrator shall be final.

Prizewinner(s) shall 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 (10) days of receipt.

We may publish the winner’s/winners’ name(s) at any time before, during and after the selection of the winner(s) on the Komando.com® website. In addition to Paragraph C., “How to Enter and Win,” No. 11, all of the provisions of Paragraph G. below also apply to the above-referenced publication.

D. Limitations of Liability

By participating in Sweepstakes #109, 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 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 or any other failure(s) beyond our reasonable control related in any way whatsoever to the receipt of any prize(s) awarded hereunder.

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, or any failure(s) beyond, our reasonable control in any part of Sweepstakes #109.

E. Prizes

The prize for Sweepstakes #109 is a $100 gift card. The prize may be substituted or upgraded by the Administrator at the Administrator’s sole discretion at any time.

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. In any and all cases wherein there may be multiple prizes to be awarded to multiple winners, and the award, or the order of the award, of any of those prizes is not specifically described in these Rules, then the Administrator and/or Sponsor(s) shall determine which prize shall be awarded to which winner(s), and winner(s) shall not determine these decisions.

Prizewinner(s) will be notified within 10 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 be held responsible for any incorrect information, regardless of the reason(s).

If we are not able to locate or contact a prizewinner after a period of thirty (30) days from the conclusion of Sweepstakes #109, 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.

We will use our best efforts to deliver prizes to winners in a short and timely manner (estimated 2-3 weeks, but possibly up to 12 weeks). We shall not be responsible or obligated in any way whatsoever for any event or events that may delay shipment or deliveries of prizes to winners, which are beyond our control. In addition, the Administrator shall have no liability whatsoever with respect to any shipping prohibitions or delays or any other laws, ordinances, rules or regulations from any jurisdiction, 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.

UNDER NO CIRCUMSTANCES SHALL ANY PRIZE OR AWARD BE SHIPPED OR TRANSFERRED TO AN ADDRESS OUTSIDE THE UNITED STATES OF AMERICA, AMERICAN SAMOA, PUERTO RICO, GUAM OR THE U.S. VIRGIN ISLANDS, except to active-duty U.S. military personnel (and their immediate families), as provided herein.

In the event a prizewinner declines or refuses to accept the awarded prize(s) for any reason whatsoever, or in the event that notification of winning a prize cannot be accomplished within thirty (30) days of the first notification attempt, that prizewinner shall be disqualified, and the Administrator may select an alternate prizewinner for that particular prize or dispose of the prize at the sole discretion of the Administrator.

F. Taxes

The winning of a prize, especially a prize of high monetary value, may have certain tax ramifications for you. As required by federal and state laws, we may issue you an I.R.S. 1099 in the amount of the Manufacturer’s Suggested Retail Price (herein, “M.S.R.P.), as stipulated by the manufacturer or supplier of the prize. If so, we will be required by U.S. federal law to report to the I.R.S. the value of your winnings.

The value of any prize awarded hereunder shall be the published M.S.R.P. in effect as of the date the prize is awarded.

In order to receive your prize, you hereby agree to accurately report to us any and all information that we shall be required by law to collect for tax purposes, including your Social Security number and/or Taxpayer Identification Number.

In the event that you fail to provide this legally required tax information to us, we may, at our sole discretion and option, cancel the prize awarded 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 attorneys’ fees), and that we shall have no further obligation to you in any way whatsoever.

At the time of the writing of these rules, U.S. federal law requires that the tax or taxes which are due on any prize valued at $600.00 or greater must be collected from winners through an I.R.S. 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 can affect you. (NOTICE: Should this $600.00 federal threshold requirement change, then such change shall be incorporated into these rules herein to the extent necessary to conform to the law.)

G. Your Privacy and Our Rights to Publicize Prizewinner Information

As a prizewinner herein, you hereby 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, 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.

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 Sweepstakes #109), you hereby grant to us an irrevocable, perpetual, unlimited and ongoing right to utilize any and all of your information provided to us by you, as described herein, and 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 #109 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.

The validity and operation of this rule (herein, “Paragraph G”) shall survive and continue in full force and effect past the ending date of Sweepstakes #109 and shall inure to the benefit of the Administrator, sponsor(s), its affiliates and affiliate stations, subsidiaries, their respective officers, directors, shareholders, agents, suppliers, manufacturers, employees, and representatives, and their successors, heirs and assigns, in perpetuity.

H. Revision of Rules

The Administrator hereby reserves the right to modify and/or revise these Rules at any time during Sweepstakes #109 by the act of publication at this web location, without any form of prior or post notification.

Rules shall be considered revised and/or updated upon their publication.

At such a time, all prior rules shall be rendered null and void and shall not be enforceable in any way whatsoever.

I. Miscellaneous Provisions

Entrants hereby specifically agree that any and all issues, concerns and/or questions concerning these Rules, the operation of Sweepstakes #109, or the rights and obligations of entrants or the Sponsor(s) in connection herein shall be governed pursuant to applicable U.S. Federal Law and 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.

By the act of having entered Sweepstakes #109, an entrant hereby specifically indicates his or her full acceptance, without reservation, to all rules herein and to fully abide by all these rules. Should any real or potential litigation arise out of the operation of Sweepstakes #109, entrants hereby agree and concede that the court which shall have first jurisdiction 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.

Entrants hereby specifically agree that neither the Administrator nor its Sponsor(s) shall be held liable in any way whatsoever for any delay or failure in performance of any part of Sweepstakes #109 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”).

Entrants hereby specifically agree that any and all claims and/or causes of action which arise or could arise from, or in connection with, Sweepstakes #109, 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 Sweepstakes #109, 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.

Entrants hereby specifically agree the Administrator is now and shall be the sole interpretative and final authority as to these rules and the operation of Sweepstakes #109. The Administrator’s decisions hereunder are final. Should there be any conflict or potential conflict with any rule herein, then that conflict shall be resolved by the Administrator in the Administrator’s best interests.

In the event that any rule or any provision of Sweepstakes #109 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 #109 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, even if they have entered into this contest giveaway. Such decisions shall be made at the sole discretion of the Administrator. In such an event, neither the validity nor enforceability of any other rule in Sweepstakes #109 shall be affected in any way whatsoever and shall remain in full force and binding effect.

These rules are the full and complete rules and hereby supersede, nullify and void any and all prior rules.

J. Inquiries and Questions

Inquiries of any type shall be submitted in writing via U.S.P.S. certified mail, return receipt requested, and shall be directed to:

Sweepstakes #109 Administrator
The Kim Komando Show® Sweepstakes
6135 N. 7th Street
Phoenix, AZ 85014

In no event shall the Administrator be responsible for lost, undelivered, misdirected or misaddressed, or late mail.

Questions or comments submitted to us via email, telephone or any other means shall not receive a response. 

No person or entity has any authority to comment or provide answers, advice or guidance on this contest except the Administrator as described herein. 

K. FCC and Radio Sweepstakes

Sweepstakes #109 is not a part of any other sweepstakes, contests or promotions.

Sweepstakes #109 is conducted primarily via the Internet. It may be mentioned or referenced on the air on The Kim Komando Show® and its broadcast affiliates. Nevertheless, to the best of the Administrator’s ability and knowledge, Sweepstakes #109 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).

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

L. Trademarks, Copyrights, Logos

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. 2,281,044. America’s Digital Goddess® and all material pertaining thereto is a Registered Trademark/Servicemark: No. 3,727,509. Digital Diva® and all material pertaining thereto is a Registered Trademark/Servicemark: No, 2,463,516. Any and all other material herein is protected by Copyright © 1995-2023 WestStar MultiMedia Entertainment, Inc. All Rights Reserved.