2008 NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION PERIOD: The Steve Harvey Morning Show “Kmart Gift Card Giveaway” Sweepstakes (the “Sweepstakes”) begins at 6:00:01am Eastern Time on November 12, 2008 and concludes at 11:59:59pm Eastern Time on December 17, 2008 (the “Promotion Period”). All entries must be received during the Promotion Period. ELIGIBILITY: Participants and winners must be legal residents of the fifty (50) United States and District of Columbia (excluding Rhode Island) and at least 18 years or older at the time of entry. Subject to all laws and regulations and void in Rhode Island and where prohibited or restricted by law. Individuals who have won a prize from the Sponsor or Radio Show (each as defined below) within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible. Employees of Nu-Opp Inc. (the “Sponsor”), Steve Harvey Radio Network Inc. (the “Administrator”), Kmart (the “Prize Provider”), Premiere Radio Networks, Inc., The Steve Harvey Morning Show (the “Radio Show”) (collectively, the “Sweepstakes Entities), each radio station contracted to broadcast the Radio Show, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, agents and advertising agencies, as well as members of the immediate family of any such employees, are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. HOW TO ENTER: Submit your entry by visiting http://www.SteveHarvey.com during the Promotion Period and follow the Sweepstakes link to complete all required information in the online entry form. Entries limited to one (1) entry per person. Sweepstakes winners will be drawn from online entries only. One (1) prize per household. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. The Sweepstakes Entities will not verify receipt of entries. By entering, participants acknowledge compliance with the Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the participant. PRIZE DRAWING: A random drawing will be conducted by the Administrator on or about each Thursday between November 13, 2008 and December 18, 2008 (excluding November 27, 2008) (the “Weekly Drawing(s)”) from among all eligible entries received by 11:59:59pm Eastern Time the preceding day. Odds of winning depend upon the number of eligible entries received per Weekly Drawing. Non-winning entries will be carried over into subsequent Weekly Drawings. Each winner will be notified by telephone and/or mail within seven (7) days after each Weekly Drawing. If a winner cannot be contacted from the information provided on the online entry form, the Sponsor reserves the right to select another winner at its sole discretion. Each winner (or a winner's parent/legal guardian if winner is deemed a minor in his/her state of residence) will be required to sign, have notarized, and return an Affidavit of Eligibility and Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within fourteen (14) days of notification. Failure to return the executed Affidavit within the time allowed may result in forfeiture of prize and random selection of alternate winner from remaining eligible entries. A parent or legal guardian of any participant who is a minor must sign a release on behalf of the minor for the minor to be eligible to receive a prize. A prize won by a minor may be awarded to the minor’s parent or legal guardian in the Sponsor’s sole discretion. Winners will be subject to a verification process, to include winner’s name, address, home phone number, work/cell phone number, and social security number. The Sweepstakes Entities are not liable if prize letter is lost in the mail or returned as undeliverable when delivery is attempted by regular mail. PRIZE(S): One (1) eligible winner from each of the five (5) Weekly Drawings will win five (5) Kmart Gift Cards valued at one hundred dollars ($100.00) each (Retail Value: $500.00). The Total Retail Value of all prizes is $2,500.00. Any and all expenses not specifically mentioned herein are the sole responsibility of each winner. Gift Cards are subject to terms and conditions on the back of each card and as otherwise specified by the Prize Provider. The Sponsor reserves the right to substitute any portion of the prize for an alternate prize of equal or greater value. No transfer, assignment, change of the prize, or cash substitution is permitted. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner, in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of each winner. TELEPHONE AND DELIVERY DISCLAIMER: If a sweepstakes is a call in to win sweepstakes and/or a telephone is needed to participate in the Sweepstakes, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Sweepstakes. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Sweepstakes Entities disclaim all liability for the inability of a participant to complete an online entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Sweepstakes Entities disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. The Sweepstakes Entities are not responsible for human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in participant’s e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online participant's ability to participate in the Sweepstakes, and any injury or damage to participant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. The use of automated software or computer programs to register or enter the Sweepstakes is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. All entries and information become property of the Sponsor and will not be returned. PUBLICITY; USE OF PERSONAL INFORMATION: By participating, where allowed by law, the winners and all participants grant the Sweepstakes Entities exclusive permission to use their names, geographical data, characters, photographs, voices, video, and/or likenesses in connection with promotion of this and other sweepstakes and waive any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, where allowed by law, participants agree that the Sponsor may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes. TAXES: Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600.00 in prizes from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. CONDUCT AND DECISIONS: By participating in the Sweepstakes, participants agree to be bound by the decisions of the Sponsor’s personnel and judges. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims, or ambiguities concerning the rules or the Sweepstakes, and the Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference, or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions made by the Sponsor are final. The Sponsor reserves the right to cancel or suspend the Sweepstakes should virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Sweepstakes, in which case prize(s) will be awarded via a random drawing from among all correct, eligible entries received prior to cancellation. All decisions will be made by the Sponsor and are final. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. RELEASE: Participants release Nu-Opp Inc., Steve Harvey Radio Network Inc., Kmart, Premiere Radio Networks, Inc., The Steve Harvey Morning Show, each radio station contracted to broadcast the Radio Show, and their respective subsidiaries and affiliated companies, divisions, parent companies, franchisees, officers, directors, employees, agents and advertising agencies and all others associated with the development and execution of the Sweepstakes, from and against any and all liability with respect to or in any way arising from this Sweepstakes and the awarding and use of the prize, including without limitation liability for death, personal injury and/or disability. MISCELLANEOUS: Each winner must submit proof of eligibility and sign the Sponsor’s release form to claim the prize. The Sponsor may substitute prizes, as well as extend, modify, or discontinue the Sweepstakes at any time without prior notice. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes or in the announcement of the Sweepstakes prizes. For a copy of the rules, or where required by law, a winners list, mail a written request with a stamped, self-addressed return envelope to The Steve Harvey Morning Show “Kmart Gift Card Giveaway” Sweepstakes, P.O. Box 632, Los Angeles, CA, 90078. Vermont residents only may omit return postage. Winners list will be available for six (6) months beginning January 16, 2009. JURISDICTION: These Official Rules shall be governed by and construed in accordance with the laws of the State of California. Venue and jurisdiction for any claims associated in any way with these rules shall only be proper in the State of California. |