CAPITAL ONE® AUTO FINANCE BIG PAYOFF℠ SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE
WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND
THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME
OF ENTRY AND HAVE AN EXISTING CAPITAL ONE AUTO FINANCE ACCOUNT
PRIOR TO SEPTEMBER 16, 2017.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Capital One® Auto Finance Big Payoff℠ Sweepstakes (“Sweepstakes”) is
sponsored by Capital One, N.A. (“Sponsor”), 1680 Capital One Drive, McLean, VA 22102
and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite
405, Southfield, MI 48033.
- SWEEPSTAKES TIMING: The Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on October 1, 2017 and ends at 11:59:59 PM ET on November 30, 2017 (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes’ official clock.
- ELIGIBILITY: The Sweepstakes is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry and have an existing Capital One Auto Finance Account prior to September 16, 2017. In order to be awarded a Grand Prize, First Prize, Second Prize, or Third Prize (each defined below), an individual must have his/her account current (i.e., no more than three  days past due) as of November 30, 2017 and cannot have incurred any fees during the Sweepstakes Period. Note: Individuals with accounts in open bankruptcy, discharged bankruptcy, written off, deficiency, garnishment, deceased, legal hold, and cease & desist statuses are not eligible to enter the Sweepstakes. Employees, officers, and directors of: (i) Sponsor, (ii) Sponsor’s retailer affiliates (including shareholders and other owners therein), (iii) Sponsor’s advertising, public relations, and promotion agencies (including, without limitation, Administrator) and all other individuals and entities associated with the creation, administration or fulfillment of the Sweepstakes, and (iv) the respective parent companies, affiliates, agents, and/or subsidiaries of each of the foregoing entities; and the immediate family members (parents, children, spouse, and siblings) and members of the household of such persons (collectively “Sweepstakes Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) are not eligible to participate in the Sweepstakes. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law. Participation consists of entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. A winner must be a U.S. person for tax purposes (U.S. citizen or resident alien) and be able to complete an IRS Form W-9.
HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant may enter the Sweepstakes as described below:
- Online Entry: An eligible entrant may earn one (1) Sweepstakes entry (“Entry”) by visiting www.capitalone.com/thebigpayoff and following the instructions to verify or update his/her contact information (including full address, phone number, e-mail address, and contact permissions). If an entrant participates using a mobile device, message and data rates may apply. Entrants should review their mobile devices’ capabilities for specific mobile application instructions and check with their service providers for fees/costs. By submitting an Entry, each entrant hereby agrees to be bound by these Official Rules.
- Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address, city, state, ZIP code, telephone number and mail it in an envelope (“Mail-In Entry”) with sufficient postage to: Capital One® Auto Finance Big Payoff℠ Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. All Mail-In Entries must be postmarked no later than November 30, 2017 and received on or before December 6, 2017, in order to be eligible. Mail-In Entries must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries.
- USE OF INFORMATION OBTAINED: This is an attempt to collect a debt. Any information obtained will be used for that purpose. Contact information obtained from your entry into the Sweepstakes will only be used by the Sponsor to relay important information related to your existing Capital One Auto Finance Account and for the purpose of administering the Sweepstakes.
- RANDOM DRAWINGS: On or about December 7, 2017, Administrator will randomly select one (1) potential grand prize winner, one (1) potential first prize winner, one (1) potential second prize winner, one (1) potential third prize winner, and one hundred (100) potential fourth prize winners from all eligible Entries received during the Sweepstakes Period. Each winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor, in its sole and absolute discretion.
PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
- Grand Prize (1): The grand prize winner will have his/her outstanding Capital One Auto Finance Account (maximum $60,000) paid by Sponsor and receive a check made out to the grand prize winner for the value of thirty-three percent (33%) of the account payment (maximum $20,000) (“Grand Prize”). If the Grand Prize winner’s account has been paid in full at the time of winner notification, Sponsor will provide a check to the Grand Prize winner for a value equal to (i) the balance due on the Grand Prize winner’s account at the time of Entry (the “Entry Balance”) (maximum $60,000) and (ii) thirty-three percent (33%) of the Entry Balance (maximum $20,000), subject to Sponsor’s discretion. The ARV of the Grand Prize is up to $80,000.
- First Prize (1): The first prize winner will have each of his/her next twelve (12) monthly Capital One Auto Finance Account payments paid by Sponsor (maximum $6,000 total value) and receive a check made out to the first prize winner for the value of thirty-three percent (33%) of the total account payments (maximum $2,000) (“First Prize”). If the first prize winner has less than twelve (12) months remaining on his/her Capital One Auto Finance Account, then Sponsor will pay the remaining months on the first prize winner’s Account and provide a check to the first prize winner for a value equal to (i) twelve (12) monthly Account payments minus the amount paid by Sponsor to satisfy the Account (maxium $6,000) and (ii) thirty-three percent (33%) of twelve (12) monthly Account payments (maximum $2,000). One (1) First Prize will be available in the Sweepstakes. The ARV of the First Prize is up to $8,000.
- Second Prize (1): The second prize winner will have each of his/her next six (6) monthly Capital One Auto Finance Account payments paid by Sponsor (maximum $3,000 total value) and receive a check made out to the second prize winner for the value of thirty-three (33%) of the total account payments (maximum $1,000) (“Second Prize”). If the second prize winner has less than six (6) months remaining on his/her Capital One Auto Finance Account, then Sponsor will pay the remaining month(s) on the second prize winner’s Account and provide a check to the second prize winner for a value equal to (i) six (6) monthly Account payments minus the amount paid by Sponsor to satisfy the Account (maximum $3,000) and (ii) thirty-three percent (33%) of six (6) monthly Account payments (maximum $1,000). One (1) Second Prize will be available in the Sweepstakes. The ARV of the Second Prize is up to $4,000.
- Third Prize (1): The third prize winner will have each of his/her next three (3) monthly Capital One Auto Finance Account payments paid by Sponsor (maximum $1,500 total value) and receive a check made out to the third prize winner for the value of thirty-three (33%) of the total account payments (maximum $500) (“Third Prize”). If the third prize winner has less than three (3) months remaining on his/her Capital One Auto Finance Account, then Sponsor will pay the remaining month(s) on the third prize winner’s Account and provide a check to the third prize winner for a value equal to (i) three (3) monthly Account payments minus the amount paid by Sponsor to satisfy the Account (maximum $1,500) and (ii) thirty-three percent (33%) of three (3) monthly Account payments (maximum $1,000). One (1) Third Prize will be available in the Sweepstakes. The ARV of the Third Prize is up to $2,000.
- Fourth Prizes (100): Each fourth prize winner will receive a code redeemable for a $100 retailer gift card in an eGift catalog (“Fourth Prize”). Each Fourth Prize code will be sent to a verified winner in an e-mail with a link to the eGift catalog website and redemption instructions. The e-mail will be sent to the e-mail address corresponding with the verified winner’s Capital One Auto Finance Account, including any updated email address provided by the verified winner at Entry. Available retailer gift cards will be chosen by Sponsor in its sole discretion. Codes expire at 11:59:59 PM ET on October 1, 2018; expired codes will not be replaced. The use of a code is subject to the terms and conditions set forth by the issue which shall govern the use of the code. Use of a code constitutes the user’s acceptance of any terms and conditions associated with the code. A code will not be redeemed or exchanged for cash, except where required by law. A code will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without a winner’s permission and will be voided if altered or defaced. All retailer gift cards are subject to the terms and conditions set forth by the issuer. One hundred (100) Fourth Prizes will be available in the Sweepstakes. The value of each Fourth Prize is $100. The total ARV of all Fourth Prizes is $10,000.
- Total ARV: The total ARV of all available prizes (each a “Prize”) in the Sweepstakes is up to $104,000.
- Odds of Winning: The odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period.
- General: Each account payment prize will be made in one (1) lump sum payment, subject to Sponsor’s sole discretion. In no event will more Prizes than are stated in these Official Rules be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. Limit one (1) Prize per account. No other Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure.
WINNER VERIFICATION: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be sent a notification via e-mail or phone with further instructions on how to claim a Prize. Each potential winner has forty-eight (48) hours to respond to the Administrator’s e-mail with the requested information or the Prize may, at the Sponsor’s sole discretion, be forfeited. Each potential winner will be required to sign and execute a Declaration and/or an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents within the time frame provided, where applicable, the winner may be disqualified and an alternate winner may be selected. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries received during the Sweepstakes Period, as determined by Sponsor in its sole discretion. Upon verification of eligibility, each Grand Prize, First Prize, Second Prize, and Third Prize winner will be contacted to arrange prize delivery. Each Fourth Prize will be e-mailed to the to the e-mail address corresponding with each Fourth Prize winner’s Capital One Auto Finance Account, including any updated email address provided by the verified winner at Entry. All Fourth Prizes must be used by 11:59:59 PM ET on October 1, 2018. All federal, state, and local taxes imposed on the acceptance of a Prize are solely the responsibility of each winner. Administrator will issue an IRS Form 1099-MISC for each winner.
Administrator will attempt to notify each potential winner as set forth above, but Administrator and Sponsor is not responsible for any undelivered e-mails or other attempts at contact, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a Prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely a winner’s responsibility. Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason. Each Prize will only be awarded to a verified winner.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including Entry Requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prizes will be awarded in a random drawing from among all verified Prize claims received.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF VIRGINIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN VIRGINIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION WILL BE CONDUCTED IN VIRGINIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
- GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple Facebook, Instagram, or Twitter accounts, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such Entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- WINNER LIST AND OFFICIAL RULES: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - Capital One® Auto Finance Big Payoff℠ Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than January 31, 2018. For a copy of these Official Rules, interested individuals should mail a self-addressed stamped business envelope to: Rules Request - Capital One® Auto Finance Big Payoff℠ Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325.
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