Capital One Incentive OfferTerms and Conditions
1. Eligibility: Capital One Incentive Offer (the "Offer") is open to individuals who are legal residents of the 50 United States and D.C., Puerto Rico & U.S. Virgin Islands, are eighteen (18) years old or older and qualify pursuant to these terms and conditions. Offer is void where prohibited or restricted by law.
Additionally, to be eligible, individuals must:
(a) own a qualifying Samsung Galaxy device (“Qualifying Devices”). Current list of Qualifying Devices are listed on www.samsung.com/us/support/owners/app/samsung-pay#compatibility;
(b) have activated and registered the Samsung Pay application (the "App") on their Qualifying Device (please check www.Samsung.com/pay for App version requirement);
(c) have a qualifying Capital One credit card that is compatible with the App and is eligible for this Offer ("Qualifying Card"). For a full list of Qualifying Cards, see: www.samsung.com/us/samsung-pay/compatible-cards/;
(d) have a mobile plan with a U.S. carrier that is compatible with the App for a Qualifying Device; and
(e) have a valid Samsung Account ID. Eligible individuals are each a “Participant”, collectively the “Participants”.
2. Timing: The Offer begins on July 17, 2017 at 5:00 p.m. Pacific Time ("PT") and ends on August 17, 2017 at 5:00 p.m. PT (the "Offer Period"). Sponsor’s server is the official time-keeping device for the Offer.
3. How to Earn an Amazon.com Gift Card: During the Offer Period, Participants must enroll in this Offer by visiting the “Promotions” option within the App, and then selecting “Capital One Incentive Offer.” Follow the links and instructions to confirm agreement to the Samsung Pay Privacy Notice and these Offer Terms and Conditions and to give permission to allow Capital One to share with Sponsor the date, time and number of purchases made with a Qualifying Card through Samsung Pay.
Then, complete three (3) purchases using the App with a Qualifying Card on a Qualifying Device during the Offer Period (“Qualifying Purchases”).
A Qualifying Purchase can be completed by using the App to authorize payment with a Qualifying Card. Only one (1) Qualifying Purchase per three (3) minutes will count toward this Offer. If multiple purchases are made within three (3) minutes, only one (1) will count toward this Offer.
Participants failing to accept the Offer Terms and Samsung Pay Privacy Notice before completing a purchase will not receive an Amazon.com Gift Card. Any purchases made before enrolling in this Offer will not be considered Qualifying Purchases.
4. Award of an Amazon.com Gift Card: If Participant completes three (3) Qualifying Purchases after having enrolled in this Offer, one (1) $10 Amazon.com Gift Card will be digitally added to Participant's Samsung Pay account. Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards cannot be transferred for value or redeemed for cash. Amazon.com Gift Cards may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. Amazon.com Gift Cards are issued by ACI Gift Cards LLC, a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees. Amazon.com Gift Cards cannot be returned, exchanged, transferred, replaced and are non-refundable. Limit: One (1) Amazon.com Gift Card per Qualifying Device and Samsung Pay Account.
5. Sponsor: Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, NJ 07660.
6. Release: By receipt of the Amazon.com Gift Card, Participant agrees to release and hold harmless Sponsor, Capital One Financial Corporation, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion, agents, and offer suppliers, and each of their respective parent companies and each such entity’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Offer or receipt or use or misuse of the Amazon.com Gift Card.
7. General Conditions: Sponsor and Capital One Financial Corporation each reserves the right to cancel, suspend and/or modify the Offer, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Offer, as determined by Sponsor and Capital One Financial Corporation in their sole discretion. Sponsor and Capital One Financial Corporation each reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the operation of the Offer or to be acting in violation of these Terms and Conditions, such as in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Offer may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Capital One Financial Corporation each reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s or Capital One Financial Corporation’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Offer; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the operation of the Offer; (4) technical or human error which may occur in the administration of processing the Amazon.com Gift Card or the processing of Qualified Purchases of Participants; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or receipt or use or misuse of any Amazon.com Gift Card.
IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM RELEASED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RELEASED PARTIES’ CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Disputes: Except where prohibited, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Offer shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court in New York or an appropriate New York State Court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Released Parties in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Abbreviated Disclosures for Advertising
Open to legal residents of the 50 United States including D.C., Puerto Rico & U.S. Virgin Islands who are 18+. Must enroll in promotion and complete 3 Qualified Purchases by 8/17/17 5 p.m. PT to obtain Amazon.com Gift Card. Only one (1) Qualifying Purchase per three (3) minutes will count toward this Offer. If multiple purchases are made within three (3) minutes, only one (1) will count toward this Offer. See Terms http://www.samsung.com/us/samsung-pay/rewards-capital-one-promotion-terms/ for all details and requirements.