Kim Komando Show Podcast Subscription Sweepstakes – Win A 5night Trip For Two To Maui, Hawaii
Rules – Win a 5-night luxury Hawaiian Getaway
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The Kim Komando Show® “Win a 5-night luxury Hawaiian Getaway” Sweepstakes Official Rules and Regulations
The Kim Komando Show® “Podcast Subscription” Sweepstakes #108 Official Rules and Regulations
The following constitutes the Official Rules and Regulations (herein, “Rules”) for The Kim Komando Show® “5-Night Getaway to Maui” (herein, “Sweepstakes #108”).
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 connect to the next. However, each contest giveaway has unique prizes and rules requirements. Therefore, these rules govern only the operation of Sweepstakes #108 which begins April 27, 2018, at 12:01 a.m. Pacific Standard Time (UTC-7) and ends on November 5, 2018, 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 this Sweepstakes #108.
In order to be eligible to win a prize in this Sweepstakes #108, 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 this Sweepstakes #108 shall result in immediate and permanent disqualification from this entire Sweepstakes #108 and could serve as the basis for disqualification from all future contests operated or controlled by the Administrator.
1. In order to enter, you are required to provide, among other things, your name, and email address. The winner will then have to provide their physical mailing/delivery address in order to receive the prize.
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-conditions.
1. Sweepstakes #108 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 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.
2. If you do not reside in any the above locations, you are not eligible to enter or win. (This restriction is due to 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 outside the United States, 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, Inc., WestStar Television Productions, Inc., WestStar Affiliate Sales, Inc., The Komando Corporation, Inc., Barry Young Entertainment, Inc., the sponsors, advertisers, or any of the other companies or entities which may supply prizes or any other service to this Sweepstakes #108, may not enter and shall not be eligible to win a prize.
C. How to Enter & Win
1. NOTE: Kim’s Club® members—See automatic entry information (Paragraph #3) below.
2. All eligible entrants may participate in this Sweepstakes #108 by subscribing to Kim Komando’s podcast email newsletter. Current email subscribers will automatically be entered to win. These methods are the only means of entering this Sweepstakes #108.
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 in each 24-hour period.
3. Automatic online entry for Kim’s Club® members: All eligible and active Kim’s Club® members will automatically entered online for Sweepstakes #108.
4. Kim’s Club® membership is determined to be 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 #108. Your Kim’s Club membership account status can be determined by viewing the member’s Account Information page.
5. If an eligible and active Kim’s Club® member manually enters Sweepstakes #108 daily before 1:00 a.m. Mountain Time (UTC-7), that entry will supersede their automatic entry. The automatic entry for Kim’s Club members will not alter the member’s Newsletter subscription preferences.
6. Should any automatic entry be selected as a prizewinner, then by entrant’s acceptance of that prize, the Kim’s Club member agrees to fully abide by, and be bound hereunder by all of these Rules listed herein.
7. 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.
8. One winner will be determined by a drawing conducted by Kim Komando® or her authorized representative. Drawing will be conducted on or about November 12, 2018.
9. Winner name will be published on or about, November 12, 2018 on the Komando.com website, at http://enter.komando.com/.
10. 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 3, “How to Enter and Win.”) All decision(s) by the Sponsor and/or Administrator shall be final.
11. Winners 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 days of receipt.
12. We may publish winners’ names at any time before, during and after the selection of any winners on the Komando.com® website, located at http://enter.komando.com/winners. In addition to this Paragraph C. 11, all of the provisions of Paragraph G., below, also apply to the above referenced publication.
D. Limitations of Liability
1. By participating in this Sweepstakes #108, 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 prizes awarded hereunder.
2. You hereby specifically agree to forever release and hold harmless Kim Komando®, The Kim Komando Show®, WestStar Multimedia Entertainment, Inc., 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 this Sweepstakes #108.
1. The prize for this Sweepstakes #108 is the winner will receive a 5-night stay in Kim Komando’s condo on Maui. Also included will be a welcome package and a scuba trip. A $600 airfare giftcard will be given to the winner for their airline of choice.
2. 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 shall determine which prize shall be awarded to which winner or winners, and winners shall not determine these decisions.
3. Prize winner(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 held be responsible for any incorrect information, regardless of the reason or reasons.
4. If we are not able locate or contact a selected prize winner after a period of thirty (30) days from the conclusion of Sweepstakes #108, 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.
5. We will use our best efforts to deliver prizes to the winners in a short and timely manner (estimated 2-3 weeks, but possibly as long as 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, 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.
7. 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 United States military personnel (and their immediate families) as provided herein.
8. In the event that a prize winner 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 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 monetary value, may have certain tax ramifications for you. As required by Federal & State Law, we may issue to you an IRS 1099 in the amount of the manufacturer’s suggested retail value (which shall be stipulated by the manufacturer or supplier of the prize). If so, we will be required by U.S. Federal Law 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 as of the date the prize is awarded.
3. Therefore, 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 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 discretion and 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. 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 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 can affect you. (NOTICE: Should this $600.00 federal threshold requirement change, then such change shall be incorporated to these rules herein to the extent necessary to conform to the law.)
G. Your Privacy & Our Rights to Publicize Winners Information
1. As a prize winner 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, 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 #108), you hereby grant to us an irrevocable, perpetual, unlimited and ongoing right to utilize any and all of your information provided to us buy 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 #108 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 (herein this “Paragraph G”) shall survive and continue in full force and effect past the ending date of this Sweepstakes #108 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 #108 by the act of publication at this Web location (at any time and without any form of prior or post notification).
2. Rules shall be considered revised and/or updated upon their publication.
3. 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
1. Entrants hereby specifically agree that any and all issues, concerns, and/or questions concerning these Rules, the operation of this Sweepstakes #108, 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.
2. By the act of having entered this Sweepstakes #108, an entrant hereby specifically indicates his or her full acceptance, without reservation, to all rules herein, and to fully abide by to all these rules. Should any real or potential litigation arise out of the operation of this Sweepstakes #108, entrants hereunder 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.
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 #108 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 #108, 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 #108, 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. Entrants hereby specifically agree that the Administrator is now and shall be the sole interpretative and final authority as to these rules and the operation of this Sweepstakes #108. 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.
6. In the event that any rule or any provision of this Sweepstakes #108 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 #108 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 this Sweepstakes #108 shall be affected in any way whatsoever and shall remain in full force and binding effect.
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 #108 Administrator
WestStar Multimedia Entertainment, Inc.
The Kim Komando Show® Sweepstakes
6135 N. 7th Street
Phoenix, AZ 88014
2. In no event shall the Administrator be responsible for lost, undelivered, misdirected or misaddressed, or late mail.
3. Questions or comments submitted to us via email, telephone or any other means shall not receive a response.
4. 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 & Radio Sweepstakes
1. This Sweepstakes #108 is not a part of any other sweepstakes, contests or promotions.
2. This Sweepstakes #108 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 #108 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.
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. 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 – 2018 WestStar MultiMedia Entertainment, Inc. All Rights Reserved.
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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. Any and all other material herein is protected by Copyright © 1995 – 2018 WestStar Multimedia Entertainment, Inc. All Rights Reserved.