Kim Komando Photo Contest

The following information is provided as our official rules and regulations (herein, “the Rules”) that govern all of those who enter (herein, “entrants” or “you”) “The 2007 Kim Komando Show ® RadioShack Photo Contest” (herein, “the Contest”). In order to be eligible to enter and win in the Contest, you must enter and by doing so you hereby agree 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, “we” or “the Administrator” or “the Network”) of this Contest.

1. Introduction

When you enter this Contest, 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. You may unsubscribe at any time from these e-mails simply 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 will never be given or sold to any third party or entity. By entering this contest, you give us permission to send you e-mail.

2. Eligibility

No purchase of any kind is necessary to be eligible to enter and win. This Contest 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.)

There are 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. (For complete information regarding active duty U. S. Military, please read Paragraph 4, Section 6 of these Rules.)

Employees (and their immediate families) or sponsors of RadioShack, The Kim Komando Show® and/or any of its over 400 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 Contest are not eligible to enter or win.

Besides the Grand Prize, only one (1) prize will be awarded to any one household. The winning of any prize (whether on-air or online) disqualifies any other members of that household or at that address from entering or winning any other prizes (except the Grand Prize) in this promotional Contest.

3. How to Enter

All eligible contestants may participate in this contest by entering via the Web page entry form. Only one photo may be entered in each of the three categories, and a maximum of three photos may be submitted per entrant. If more than one photo is submitted per category, only the first image entered in any single category shall be deemed eligible. Each entrant is eligible to win a maximum of one prize. Entries will be accepted until Sunday, October 28, 2007 at 11:59 p.m. (Eastern Daylight Savings Time).

No entries via e-mail, U.S. Mail, FedEx, etc., or any other means will be accepted.

Images must be in either "jpg" or "gif" format, and no larger than 1024 x 768 pixels (maximum 500k as a compressed file).

Photographs will be accepted only from the original photographer. The photographer must hold the copyright to all photos submitted to the contest. Photographs that violate the laws of copyright will be disqualified. The use of public domain images is prohibited.

Photographers retain ownership of resale copyrights, however, by your submission and entry you grant WestStar TalkRadio Network and its sponsors permissions and rights to store and display your image(s) and thumbnails thereof indefinitely and in any format or in any advertising or promotional materials in any media or format known or presently unknown.

4. Photo Technical Specifications

Photographs that include sculptures, statues, paintings and other works of art will be accepted as long as they do not, in our sole opinion, constitute copyright infringement or fraud. When photographing the artwork of others, it must be as a circumstantial object in its environment and not a full-frame or close-up or the primary subject of the photograph.

Photographers must have sufficient permission of any recognizable models or other persons appearing in the photograph to be able to grant to WestStar TalkRadio Network and its sponsors the right to display their photographic submission and you must immediately supply proof of this permission/release upon our request to you.

Any contest entries which receive legal challenges from either copyright or insufficient model permissions will be removed and deemed ineligible.

Images may be cropped and rotated as long as a rectangular format is maintained. Images may be resized as long as aspect ratio is maintained. No borders or frames shall be added to images prior to submission. Spot editing is not permitted, although removal of red-eye for the sole purpose of giving an image a more natural look is permitted. Elements or objects that do not exist in the original photo may not be added to an image.

Other permitted photo modifications are: one step enhancement (auto levels, auto contrast, auto color); sharpening/unsharp mask; contrast/brightness; hue/saturation. Any other manipulations are not allowed. Use of a cloning/rubber stamp or "healing brush" is specifically prohibited.

Watermarks, signatures or copyright notices are not permitted and images thus modified will be deemed to be ineligible entries.

WestStar TalkRadio Network reserves the right to review original images for compliance with these rules. Any image may be rejected for any reason at any time. All rulings by the contest judge or Administrator are final.

No images containing nudity or other material which, in our sole opinion is unsuitable, will be considered.

5. Limitation of Liability

By participation in this Contest, all entrants assume sole liability for 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 reasonable attorney’s fees) arising directly or indirectly out of any part of this Contest.

6. Prizes:

Submissions will be filtered by WestStar TalkRadio staff. Qualifying entries will then be judged personally by Kim Komando. Prizes will be awarded as follows:

One (1) Grand Prize winner will receive ($2,500) Two Thousand Five-Hundred Dollars (US).
One (1) Second Place winner will receive ($1,000) One Thousand Dollars (US).
Three (3) Third Place winners will each receive ($500) Five Hundred Dollars (US).
Three (3) Runner-up Category winners will each receive ($200) Two Hundred Dollars (US).
Nine (9) Honorable Mention winners will each receive ($100) One Hundred Dollars (US).

All winners will be notified via the information which they, as entrants, provide us (e-mail, U.S Mail or telephone) and we will make all reasonable efforts to contact each winner. However, WestStar shall not be responsible for any incorrect information and/or our inability to reach or notify any winner(s). If we unable contact or locate a selected winner after a period of six (6) weeks from the Contest’s conclusion, the prize will be donated to a suitable charitable organization or disposed of as we see fit, which shall be at the sole discretion of the Administrator. All prizes will be sent to the winner’s home address only.

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, are eligible to enter and win in this Contest.

However, we 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.

7. 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).

By your entry in this Contest together with your agreement to accept any prize in this Contest (should you subsequently become a winner), you hereby acknowledge, affirm and agree that you will bear sole responsibility for the payment of any and all taxes for any and all prizes. In the event that you are unwilling to provide the legally required tax information to us, we may, at our sole option, cancel the prize award to you without recourse by you or any further obligation to you 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.

8. Your Privacy & Our Publication of Winner Information

As a prize winner, you agree to the use by RadioShack, 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 entry photograph, your name, face, voice and/or likeness may be used on the air and in print and by 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 entry photograph name, voice, face or likeness or use of their descriptions in any way and through any means now known or later devised, will not be deemed a violation of their privacy or individual intellectual property rights. The validity and operation of this rule will continue past the duration of the Contest and will survive in perpetuity.

9. Revision of Rules

The Kim Komando Show®/WestStar TalkRadio Network and/or any of its affiliated companies and/or sponsors reserves the right to modify these Rules at any time and as a entrant, you are encouraged to re-read this document during the Contest.

10. Miscellaneous Provisions

All of the Rules herein shall be governed according to and under the laws of The State of Arizona. Should any litigation arise out of the operation of this Contest, by having entered this Contest, all entrants or other participants, 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.

In the event that any rule or any provision of this Contest shall be found to be, or have been, in conflict with any state, municipality or government jurisdiction, that rule or rules shall be deemed changed as necessary to conform to all laws and governmental regulations, if possible. If not possible, then the entire Contest 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 Contest 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 Contest shall be affected in any way whatsoever and shall remain in full force and effect during the operation of this promotional Contest.

WestStar TalkRadio Network shall be the sole interpretative authority of these rules and as to the operation of the Contest under these Rules and its judgment and opinions shall be final. All prize award decisions are final. Inquires should be directed in writing to: RadioShack Kim Komando Photo Contest Rules, WestStar TalkRadio Network, 2711 N. 24th Street, Phoenix, Arizona, 85008.

11. FCC & Radio Contests

This on-air radio Contest conforms to all FCC rules (47 C.F.R § 73.1211) and requirements and all NAB guidelines pertaining to radio Contests. This Contest is not a part of any other radio Contest 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 Contest, please contact the Contest Administrator.

12. 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 – 2007 WestStar TalkRadio Network except that all other copyrights, trademarks and names herein which are not owned by WestStar are retained by their respective owners.

The term, “Podcast” is owned by Apple Computer and is used herein for descriptive purposes only. All products and logos used herein (whether trademarked or otherwise) are specifically disclaimed by the Network and are the sole property of their respective owners.