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Rules

The Kim Komando Show® "Kim Komando's Small Business iPad Giveaway sponsored by Carbonite" Sweepstakes #19 Official Rules and Regulations

The following constitutes the Official Rules and Regulations (herein, "Rules") for the “Kim Komando's® Small Business iPad® Giveaway Sponsored by Carbonite® ” (herein, “Sweepstakes #19”).

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

These rules govern the operation of Sweepstakes #19. Sweepstakes #19 begins September 26, 2011 at 12:00 a.m. Mountain Time (UTC-7) and ends on January 9, 2012 at 11:59 p.m. Mountain Time (UTC-7).

Carbonite is the sponsor of this Sweepstakes #19. However, WestStar TalkRadio Network is the Administrator (herein, "we", "the Administrator" or "the Network") of this Sweepstakes #19.

In order to become eligible to win a prize in this Sweepstakes #19, you must first enter in exact accordance with these Rules. As an entrant (herein, "entrants" , "you" or “your”), you hereby agree to, and shall be bound by, all of the Rules listed herein. Your entry signifies your full acceptance of, complete agreement with, and willingness to abide by all of these Rules.

A. Introduction

  1. Your e-mail address and entry information will never be given or sold to any third party or entity. (Please read our complete Privacy Policy at http://www.komando.com/privacy.aspx).
  2. All entries become the sole property of the Administrator. No entries will be acknowledged.
  3. NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

B. Eligibility

  1. This Sweepstakes #19 is open to those who are 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. 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.P.O. military mailing address are eligible to enter and win.
  4. To enter using a military mailing address, input 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:
  • Armed Forces Africa – AE
  • Armed Forces Americas (except Canada) - AA
  • Armed Forces Canada - AE
  • Armed Forces Europe - AE
  • Armed Forces Middle East - AE
  • Armed Forces Pacific – AP
5. Employees (and their immediate families) an sponsors of The Kim Komando Show® and its affiliate broadcast stations, together with the employees of WestStar TalkRadio Network, 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 #19, may not enter and shall not be eligible to win a prize.

C. How to Enter & Win

  1. All eligible entrants may participate in this Sweepstakes #19 by entering via the Web page entry form, http://enter.komando.com/enter. This is the only means of entering this Sweepstakes #19. All eligible entrants may enter once per day throughout the duration of this Sweepstakes #19.
  2. In many of our giveaway contests, Kim’s ClubÒ Members are automatically entered. However, in this Sweepstakes #19, because of the entry requirements as described herein, Kim's ClubÒ Members shall not automatically be entered. Kim's ClubÒ Members may enter via the standard entry procedure as described herein. The complete Terms and Condition of using our website are here: http://www.komando.com/terms.aspx.)
  3. All entry form fields are required. Entrants must provide a URL link to their business' social networking (Facebook®, Twitter®, etc.) presence, blog page or actual business Webpage. Entrants should list the specific URL which best exemplifies your business.
  4. Additionally, entrants must provide a "story" in 150 words or less (actual maximum of 1,024 characters including spaces and punctuation) about your business—your challenges, your goals and your dreams for what you want to accomplish with your company.
  5. All fields of the entry form must be filled in completely, accurately, and with the entrant's valid USPS postal address, phone number and e-mail address. Incomplete entries are invalid and ineligible to win any prize and shall be discarded and disqualified.
  6. Attempting to enter by any other means will result in an invalid entry. No entries via email, U.S. Mail, delivery services, in-person deliveries, telephone, FAX or any other means shall be accepted. Attempts to circumvent this or any portion of the rules of this Sweepstakes #19 shall result in immediate disqualification.
  7. All eligible entries will be evaluated on the following four criteria:

i.   The suitability of entrant's business "story"

ii   The overall quality of entrant's business "story"

iii  The overall persuasiveness of entrant's business "story"

iv  The entrant's rationale and desire for achieving entrant’s  business' goals

8. All prizewinners shall be selected by Kim Komando® (or her authorized representatives) based on the above four criteria, and at their sole discretion and judgment. Selection of each of the thirteen (12) weekly winners shall take place on the Monday (or as soon as practicable) following the conclusion of each weekly entry period.
9. The Grand Prize winner shall be chosen from the completed pool of weekly winners, using the same criteria as set forth above. Selection of the Grand Prize winner shall take place on or about January 10, 2012.
10. Upon entering, entrant hereby warrants and affirms to the Administrator that the “story” entered and used by the entrant is of the entrant’s own work, that it is original and that it is not taken from any other source or work, whether published or not, and that, to the best of entrant’s knowledge and belief, it is not an infringement of any intellectual property rights (in whole or in part) of any person or entity, whether living or dead. Upon the discovery of any violation of this rule, entrant shall be disqualified and any prizes(s) awarded shall be immediately forfeited and retuned to the Administrator.
11. Winner's names may be published at anytime during and after the selection of any winners on the Komando.com® web site, located at http://enter.komando.com, in addition to the previsions of Paragraph G., below. A complete list of winners is also available by U.S. Postal Mail by sending a self-address envelope with first-class postage to:

  • List of Winners
  • Sweepstakes #19
  • WestStar TalkRadio Network
  • 2711 N. 24th Street
  • Phoenix, AZ  85008

12. THE ODDS OF WINNING WILL DEPEND UPON A NUMBER OF FACTORS INCLUDING BUT NOT LIMITED TO: THE NUMBER OF VALID ENTRIES RECEIVED AT THE TIME OF EACH WINNER'S SELECTION; THE QUALITY OF EACH ENTRANT'S "BUSINESS STORY" PURSUANT TO THE JUDGES OPINIONS  (as described above). NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
13. Winners hereby acknowledge their awareness that they shall be required to complete and sign a Declaration of Eligibility and Liability/Publicity Release before they will receive any prizes.

D. Limitations of Liability

  1. All entries become property of the Sponsor, and no entries will be acknowledged.
  2. By participating in this Sweepstakes #19, you hereby forever and unconditionally release and hold harmless the Network together with others listed herein, from any and all liability or claims or 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 related in any way whatsoever to the receipt of any prizes awarded hereunder.
  3. You hereby specifically 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 attorneys fees) arising directly or indirectly out of the operation of any part of this Sweepstakes #19.

E. Prizes:

  1. The total cash value of all prizes of this Sweepstakes #19 is $7954.00 or $8258.99, depending upon the Grand Prizes winner’s selection of the Grand Prize.
  2. There are twelve (12) weekly prizes and one (1) Grand Prize.
  3. The weekly prize is a new Apple® 16 GB iPad 2® valued at $499.00 together with a one (1) year Carbonite® online backup subscription valued at $59.00.
  4. The Grand Prize winner (herein, “winner”) shall receive their choice of either a new MacBook Pro® laptop computer (13” screen, 4GB Memory, 320 GM hard drive) valued at approximately $1199.00 or a new Dell® Inspiron® 17R-2nd Gen Laptop valued at approximately $1503.98, together with a one (1) year Carbonite® online backup subscription valued at $59.00, plus a one hour personal telephone consultation (herein, “consultation”) with Kim Komando® regarding your business which shall be arranged at a mutually agreeable time. There is no equivalent cash value to this consultation.
  5. Gran Prize winner hereby affirms their understanding that any observations, evaluations or conclusions made or implied by Kim Komando® during this consultation are Kim Komando’s® opinions only and are offered for consideration and discussion only. Before implementing any concepts which may have been discussed, stated, implied, derived or inferred in any manner whatsoever form or as a result of this consultation, winner is hereby advised to seek many other opinions from qualified sources.
  6. In any and all events, winner hereby specifically agrees 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 attorneys fees) arising directly or indirectly from this consultation.
  7. Any awarded prize 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.
  8. Prize winner(s) will be notified within 10 days, if possible, using the information which they, as entrants, provided us and we will 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.
  9. If we are not able locate or contact a selected prize winner after a period of thirty (30) days from the conclusion of Sweepstakes #19, 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.
  10. Where applicable, prizes will be sent to the winner's supplied address directly from Apple®. We will supply a shipping tracking number for that prize to the winner in a timely manner.
  11. Administrator shall not be responsible or obligated for any event or events which may delay shipment or deliveries, which are reasonably beyond our control.
  12. UNDER NO CIRCUMSTANCES WILL ANY PRIZE OR AWARD BE SHIPPED OR TRANSFERRED TO AN ADDRESS OUTSIDE THE 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 Sweepstakes #19.
  13. 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 our ability to ship or to transfer any prizes to these military address.
  14. In the event that a prize winner declines or refuses to accept the prize(s) awarded, or in the event 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.

F. Taxes

  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. 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 as of September 26, 2011.
  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 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 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 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 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 "story" and/or "business story," 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, 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 #19), you hereby grant to us an irrevocable, perpetual, unlimited and on-going right to utilize any and all information provided as described herein without any further notice or obligation to you in anyway whatsoever. You further hereby specifically agree that the use of your information by the Administrator, prize suppliers and/or sponsors of Sweepstakes #19 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 #19 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 #19 by the act publication at this web location at any time and without any from of prior notification. Rules shall be considered revised and/or updated upon their publication. All prior rules are thereby rendered null and void and shall not be enforced 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 #19, 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 should any litigation arise out of the operation of this Sweepstakes #19 (by having entered this Sweepstakes #19), all entrants, whether a winner or not, and whether or not the matter of winning is in dispute, specifically agree and 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.
  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 #19 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, lock outs, 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, software products or 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 performing 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 from or in connection with this Sweepstakes #19 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 #19, but in no event shall such damages include attorneys fees. Each entrant (and entrants parent/legal guardian if entrant is a minor) hereby waives all rights to punitive, incidental, consequential, or 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.
  5. In the event that any rule or any provision of this Sweepstakes #19 is found to be in conflict with any state, municipality or government statute, then that rule (or rules) shall be deemed changed as necessary to conform to all laws, statues and/or governmental regulations, if possible. If not possible, then the entire Sweepstakes #19 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.
  6. In the event that any rule of this Sweepstakes #19 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 any of the other rules in this Sweepstakes #19 shall be affected in any way whatsoever and shall remain in full force and effect.
  7. Entrants hereby specifically agree that the Administrator shall be and is the sole interpretative and final authority as to these rules and the operation of this Sweepstakes #19. The Administrator’s decisions hereunder are final. Should any conflict or potential conflict be found (or alleged to have been found) within the body of these Rules, that conflict shall be resolved by the Administrator and in the Administrator’s best interests.
  8. These rules are the full and complete rules and hereby supersede and void any and all prior rules.

J. Inquiries and Questions

  1. Inquires of any type shall be submitted in writing, via USPS Certified Mail, Return Receipt Requested, and shall be directed to:

Sweepstakes #19

WestStar TalkRadio Network

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 #19 is not a part of any other sweepstakes, contests or promotions.
  2. This Sweepstakes #19 is conducted primarily via the Internet. Nevertheless, to the best of the Administrator’s ability and knowledge, Sweepstakes #19 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. 2281044. America's Digital Goddess® and all material pertaining thereto is a Registered Trademark/Servicemark: No. 3,727,509 and together with this Sweepstakes #19, is protected by Copyright © 1995 - 2011 WestStar TalkRadio Network. All rights reserved.

View contest rules

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