The Kim Komando Show® "13th Annual Great Giveaway" Official Rules and Regulations

The following Official Rules (herein, "the Rules") govern all who enter (herein, "entrants" or "you") the Kim Komando Show® "13 th Annual Great Giveaway" (herein, "2008 Giveaway"). NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. In order to be eligible to win a prize in this 2008 Giveaway, you must first enter according to these Rules. In entering this 2008 Giveaway, you hereby agree to be bound hereunder and to abide by all of the Rules listed herein. Your entry signifies your full acceptance and complete agreement with of all of these Rules. WestStar TalkRadio Network is the Administrator (herein, the "Sponsor", "we", "the Administrator" or "the Network") of this 2008 Giveaway.

1. Introduction
When you enter this 2008 Giveaway, your e-mail address will automatically be subscribed to The Kim Komando Show® Newsletter, The Kim Komando Show® Tip of the Day, The Kim Komando Show® Cool Site of the Day and the Kim Komando Show® News of the Day. These are free e-mail subscriptions and you will not be billed for these subscriptions. You may unsubscribe from these e-mails at any time by following the instructions included in each issue of each respective Newsletter. However, by entering you will NOT automatically become a member of the www.komando.com premium Web site content known as "Kim’s Club." Your e-mail address and entry information will never be given or sold to any third party or entity. Also, by entering this 2008 Giveaway, you give us permission to send you e-mail.

All entries become property of the Sponsor, and no entries will be acknowledged. All individual valid entries have an equal chance of winning.

Please note: When you click the "Enter Now!" button to submit your entry, a security feature encrypts your name and e-mail address as this information is transmitted to us. You may see this as a "blanking out" of these fields on the entry form, but all of your entry information has been retained and automatically recorded.

Also note: You must have JavaScript enabled on your Web browser in order to enter the Sweepstakes. This requirement provides validation of the entry form. If your Web browser does not have JavaScript enabled, here are instructions to do so:
Internet Explorer
On the Tools menu, click Internet Options.
Select the Security tab.
Click Custom Level.
Scroll down to Active scripting.
Click Enable (or Prompt).
Click OK.
Click OK.

FireFox:
On the Tools menu, click Options.
Click on the Content icon.
Check the box next to Enable JavaScript.
Click OK.
Click OK.

2. Eligibility
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. This 2008 Giveaway is open to all legal residents of the United States of America, Guam, Puerto Rico, and the U.S. Virgin Islands and who 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, and who are 18 years of age or older. NOTICE: 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.) This 2008 Giveaway is subject to all state and Federal laws. It is void where prohibited by law and in certain states where sweepstakes registration is required.

We make exceptions to this Eligibility Rule for active duty U.S. Military personnel and their families: U.S. Military personnel (and their immediate families) who are stationed overseas, and also have a valid A.P.O. or F.B.O. military mailing address are eligible to enter and win.

Employees (and their immediate families) or sponsors of The Kim Komando Show® and/or any of its over 450 affiliate broadcast stations, WestStar TalkRadio Network, WestStar Television Productions, Inc., WestStar Affiliate Sales, Inc., WestStar Digital Audio Services, Inc., The Komando Corporation, Inc., Barry Young Entertainment, Inc., or any other of the companies or entities that supply prizes to this 2008 Giveaway may not enter and are not eligible to win a prize.

3. How to Enter & Win
All eligible entrants may participate in this 2008 Giveaway by calling and participating on the Kim Komando Show® live on the air, or you may enter via the Web page entry form. These two (2) ways to enter are the only means of entering this 2008 Giveaway. Attempting to enter by any other means will result in an invalid entry and disqualification. No entries via e-mail, U.S. Mail, FedEx, personal deliveries, telephone (other than by calling and participating on the Kim Komando Show® live on the air), or any other means shall be accepted.

Entering Online:

To enter online, fill out the online entry from. See http://giveaway.komando.com/enter.asp You may enter online via the web page only once per day Mountain Standard Time (the entry day resets at 12:00:01 AM MST).

By entering online, you will be limited to the possibility of winning one (1) of the nine (9) available Grand Prizes. However, by entering On-Air, you may also win any one of a number of other smaller prizes (which are listed in detail at http://giveaway.komando.com) and in addition, you will have a chance to also win one (1) of the nine (9) available Grand Prizes. (See Rules Section 5. "Prizes.")

When entering online, you must fill out all nine (9) fields of the online entry form completely and accurately. "The 2008 Kim Komando Show™ 13th Annual Anniversary Great Giveaway" begins at 12:00 AM Eastern Standard Time, Saturday, November 22, 2008 online. The On-Air entry phase and awarding of minor prizes in the Giveaway ends at the conclusion of live broadcast of The Kim Komando Show™ Saturday, December 20, 2008. The online entry phase of the Giveaway ends Monday, December 22, 2008, as detailed below. The Grand Prize winners will be determined by a random drawing and drawings shall be personally conducted by Kim Komando™.

Entering Live On The Air:

To be eligible to enter and win on the air, you must first call in to The Kim Komando Show™ and then, your call must be accepted for on-air broadcast, pursuant to our industry standard radio talk show call screening procedures.

You shall be eligible to win only if your call is accepted by our call screeners for live, on-air broadcast. Calls are accepted or rejected for broadcast based upon a number of factors which primarily include (but are not limited to) our immediate judgment as to how (or if) the call will fit in to the general on-air discussion at the time; the technical quality of the calls' transmission to us; the ability of the caller to make himself or herself understood and; the overall relevancy of the caller's comments and/or questions. In all cases, calls are accepted or rejected for broadcast at our sole judgment and discretion.

Nevertheless, in all cases, industry accepted standard on-air screening policies and procedures will be utilized (exactly as they are for every other broadcast of the Show) and no extraordinary screening requirements shall be implemented during or for this Giveaway.

Calls will be expressly rejected if the caller is calling-in for the sole purpose to win a prize and/or if the caller has no relevant comment or question suitable for the program at that time. Our call screeners are not responsible for, and will not provide information to a caller in order to help the caller prepare a relevant question or comment.

Once a call has been accepted for broadcast, the caller must then wait on hold until Kim Komando™, at her sole discretion, selects and actually takes that call, live on the air. At the conclusion of that call, the caller will be awarded one of the Giveaway prizes, selected by Kim Komando at that moment and will also be entered to win any one of the Grand Prizes.

We are not responsible if, while waiting to go on the air, for any reason whatsoever, the caller is disconnected. In such an event, no prize will be awarded for that call.

Any callers, who may, after having been properly screened, get on the air but have no relevant comments or questions or are, in anyway, disruptive to the program, will be immediately taken off the air and no prize will be awarded. Neither The Kim Komando Show™ nor WestStar TalkRadio Network (any sponsors, affiliates, suppliers or manufacturers) will be responsible for busy signals, full or partial failure of any telephone or Internet service by any company or entity, failure of any communications equipment or services which may play a part in the operation of this Giveaway, regardless of who may be at fault.

Neither shall we incur any responsibility or 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.

Calls to the radio Show must be made and received by the show while the program is actually being broadcast live over the air. Calls to the show will not be answered, screened or accepted at any other time. The toll-free (and only) number to call is: 1-888-825-5254.

The Show is broadcast live for three hours every Saturday Morning at the following times:

10:00 AM to 1:00 PM — Eastern Standard Time
9:00 AM to Noon — Central Standard Time
8:00 AM to 11:00 AM — Mountain Standard Time
7:00 AM to 10:00AM — Pacific Standard Time
6:00 AM to 9:00 AM — Alaska (in most areas)
5:00 AM to 8:00 AM — Hawaii

In some cities the local affiliate radio station may broadcast The Kim Komando Show™ at a later time or day than the date and time of the live broadcast. Regardless, you can only call when the Show is being broadcast live. No calls will be taken or accepted at any other times.

NOTICE: All potential participants and callers to the radio Show shall be presumed to be fully aware that their call, their name and voice and the name of their city and state may be used, live on the air, and archived for future broadcast, use or distribution, and will subsequently be heard by an audience of millions of listeners, on radio, the Internet, "Podcasts" (which, with respect to The Kim Komando Show are known as "Kim-Casts™" or other Internet broadcasts or streaming, and other kinds of news and/or entertainment media world-wide, as is customarily expected with a call-in radio talk show. The call itself, and the entire contents of the call, shall become the permanent property of WestStar TalkRadio Network and may be used in perpetuity, as WestStar, or any of its affiliates, assigns, sponsors or heirs may dictate, direct, need or desire. No caller to the Show will be paid, remunerated or compensated in anyway whatsoever for the use of the call. Nor will any caller be formally instructed as to this notice before their call (if selected) is used on the air. (47 C.F.R § 73.1206)

Prize winners shall be determined by multiple random drawings conducted by Kim Komando once each day except that drawings for Saturdays and Sundays shall be delayed until the next business day, so that on certain days, more than one drawing shall be conducted. Drawing shall begin on November 24, 2008 and end on December 22, 2008. THE ODDS OF WINNING DEPEND UPON NOT ONLY THE NUMBER OF VALID ENTRIES RECEIVED AT THE TIME OF EACH DRAWING, BUT ALSO A NUMBER OF DYNAMIC AND VARABLE FACTORS. (See Paragraph 3., "How to Enter and Win.") All decision(s) by the Sponsor shall be final.

Attempts to circumvent any rule of this 2008 Giveaway shall result in immediate and permanent disqualification from this entire 2008 Giveaway.

A complete list of prize winners can be found at: giveaway.komando.com/winners.asp (a text version is available at: winners text version).

4. Limitation of Liability
All entries become property of the Sponsor, and no entries will be acknowledged. All valid entries have an equal chance of winning. By participating in this 2008 Giveaway, you hereby unconditionally and forever release the Network from any and all liability or claims hereunder and you assume sole liability for any damages or potential damages caused or allegedly caused by any failure of performance, error, omission, or interruption, deletion, defect, 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 and hereby agree to forever release and hold harmless Kim Komando, The Kim Komando Show®, WestStar TalkRadio Network, 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 attorney’s fees) arising directly or indirectly out of the operation of any part of this 2008 Giveaway.

5. Prizes
The complete listing and full description of all prizes, together with the MSRP value of each is located here: http://giveaway.komando.com/prizes.asp The total MSRP value of all prizes to be awarded herein is $80,796.61. There are no cash prizes. No prizes awarded herein shall be exchanged for cash. No awarded prize shall be substituted, modified, changed or exchanged for another or alternate prize regardless of the circumstances.

Only one (1) prize grand prize shall be awarded to any one household. Upon winning any prize herein, any other members of the same household or address shall be disqualified from entering or winning any other prize(s) relating to this 2008 Giveaway. THE ODDS OF WINNING DEPEND UPON NOT ONLY THE NUMBER OF VALID ENTRIES RECEIVED AT THE TIME OF EACH DRAWING, BUT ALSO A NUMBER OF DYNAMIC AND VARABLE FACTORS. (See Paragraph 3., "How to Enter and Win.") (A "Valid Entry" is an entry which is entered in accordance with the Rules of this 2008 Giveaway).

For the purpose of this 2008 Giveaway, we define a Grand Prize as a prize which has a MSRP of $1,000.00 or more.

Under no circumstances shall more than one (1) of each of the nine (9) "Grand Prize" prizes be awarded to the same person that person’s immediate family. All winners will be notified within ten days using the information which they, as entrants, provided us and we will make all reasonable efforts to contact each winner using that information. However, WestStar shall not be responsible for any incorrect information, regardless of the reason or reasons. If we are not able locate or contact a selected prize winner after a period of ten days from the 2008 Giveaway conclusion, then that prize will be donated to a suitable charitable organization or may be disposed of in any manner as we shall see fit at the time.

Prizes shall be sent to the winner’s home address only and we will use our best efforts to deliver all prize awards to the prize 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 for any event or events which may delay shipment or deliveries, which are reasonably beyond our control.

UNDER NO CIRCUMSTANCES WILL ANY PRIZE OR AWARD BE SHIPPED OR TRANSFERRED TO AN ADDRESS OUTSIDE THE FIFTY UNITED STATES OF AMERICA, PUERTO RICO, GUAM OR THE US 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 2008 Giveaway.

Sponsor 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 our ability to ship or to transfer any prizes to these military addresses.

If a prize winner declines or refuses to accept the prize(s) awarded, or in the event notification cannot be accomplished within ten days of the first notification attempt, that prize winner shall be disqualified and the Sponsor shall select an alternate prize winner.

6. Taxes
The winning of a prize, especially a prize of high value, may have 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. Further, we may be required to report to the IRS the value of your winnings. Therefore, 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). In the event that you are unwilling 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 agree to forever release and hold harmless Kim Komando, The Kim Komando Show®, WestStar TalkRadio Network, 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 attorney’s fees) and that we shall have no further obligation to you in any way whatsoever.

NOTICE: Current 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 upon 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 any and all prize awards or distribution will be followed by the Administrator.

7. Your Privacy & Our Publication of Winner Information
As a prize winner herein, you agree to the use by The Kim Komando Show®/WestStar TalkRadio Network, prize suppliers and/or our sponsors, of your name and photograph in the prize winners' lists and for other promotional purposes to be determined by The Kim Komando Show®/WestStar TalkRadio Network. Your photograph, full name, city and state of residence, local radio station information, face, voice and/or likeness may be used on the air, in print or in electronic publication as we deem appropriate and in entering and /or accepting any prize, you hereby grant us the right to do so without further notice to you. Information such as your telephone number and street address will not be made public. Winners further specifically agree that use by The Kim Komando Show®/WestStar TalkRadio Network, prize suppliers and/or sponsors of their name, voice, face or likeness or use of their descriptions in any way and through any means now known or later devised, shall not be deemed a violation of their privacy or individual intellectual property rights or any other rights. The validity and operation of this rule shall continue past the duration of the 2008 Giveaway and shall survive (and winners agree to be bound by this rule) in perpetuity.

8. Revision of Rules
The Kim Komando Show®/WestStar TalkRadio Network and/or any of its affiliated companies and/or sponsors reserve the right to modify these Rules as allowed by the law governing this 2008 Giveaway (and upon entering you fully agree to be bound by all rules and all such modifications to our rules) at any time during this 2008 Giveaway.

9. Miscellaneous Provisions
All issues and questions concerning these Rules, the operation of this 2008 Giveaway, or the rights and obligations of entrants or a particular entrant and/or the Sponsor(s) in connection herein shall be governed in accordance with, and under the laws of, the State of Arizona or applicable United States Federal Law, 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 could or would cause the application of the laws of any jurisdiction other than the State of Arizona.

Should any litigation arise out of the operation of this 2008 Giveaway, by having entered, (whether an entrant is a winner or not, and whether or not the matter of having won is in dispute), all entrants specifically agree and concede that the court which shall have first jurisdiction in any legal matters pertaining to these rules or the operation of this 2008 Giveaway, shall be a court of appropriate jurisdiction which shall be located within Maricopa County, Arizona.

Entrants specifically agree that any and all claims and/or causes of action which could or shall arise out of, or in connection with this 2008 Giveaway or any prize awarded hereunder, 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 2008 Giveaway, but in no event shall such damages include attorneys’ fees. Each entrant (and 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 (or entrant’s parent/legal guardian if entrant is a minor) shall claim or receive any damages subject to being multiplied or otherwise increased.

In the event that any rule or any provision of this 2008 Giveaway is, or shall be found to be in conflict with any state, municipality or government statute, law, ordinance, code or rule, then that 2008 Giveaway rule (or rules) shall be deemed changed as necessary to conform to all laws, statues and/or governmental regulations and the like, if possible. If not possible, then the entire 2008 Giveaway shall be deemed to be void in that jurisdiction or municipality and those living there shall be deemed ineligible to participate or win. In the event that any rule of this 2008 Giveaway shall be found to be invalid or in conflict with any state, municipality or government jurisdiction, neither the validity or enforceability of any other rule of this 2008 Giveaway shall be affected in any way whatsoever and shall remain in full force and effect during the operation of this promotional 2008 Giveaway.

WestStar TalkRadio Network, as the administrator, shall be the sole interpretative authority of these rules and the operation of this 2008 Giveaway and its judgment and opinions shall be final. All prize award decisions are final. Should there be any conflict or potential conflict found or alleged within these Rules, the conflict shall be deemed resolved by Sponsor and in the Sponsor’s best interests. Inquires should be directed in writing to: 2008 Giveaway, WestStar TalkRadio Network, 2711 N. 24th Street, Phoenix, Arizona, 85008. No responsibility will be assumed for lost, misdirected, or late mail.

10. FCC & Radio Sweepstakes/No Consideration
Even though this 2008 Giveaway is primarily conducted via the Internet, to the best of our knowledge, it nevertheless conforms to all FCC rules (47 C.F.R § 73.1211) and requirements and to all NAB guidelines pertaining to radio Sweepstakes. This 2008 Giveaway is not a part of any other sweepstakes or promotion. It is not a lottery. No consideration of any kind is required for entry. If you have any questions regarding these rules or the operation of this 2008 Giveaway, please contact the 2008 Giveaway Administrator in writing: 2008 Giveaway, WestStar TalkRadio Network, 2711 N. 24th Street, Phoenix, Arizona, 85008.

11. Trademarks, Copyrights, Logos
The Kim Komando Show® and all material pertaining thereto is a Registered Trademark/Servicemark: No. 2281044. Any and all other material herein is protected by Copyright © 1995 – 2009 WestStar TalkRadio Network except that all other copyrights, trademarks and names herein which are not owned by WestStar are specifically disclaimed by WestStar and are retained by their respective owners. All rights reserved.