TrailNorth Sweepstakes Amazing Auto Loan Payoff
OFFICIAL RULES
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1. Rules and Regulations
TrailNorth Federal Credit Union (“TrailNorth”) is the administrator and sponsor of the “Amazing Auto Loan Payoff" Contest (the “Contest”). These Official Contest Rules (the “Rules”) will govern the Contest and be binding on all entrants in the Contest (collectively, the “Entrant(s)”).
BY ENTERING THE CONTEST, THE ENTRANT AGREES TO COMPLY WITH THESE RULES, INCLUDING ALL ELIGIBILITY REQUIREMENTS.
2. Contest Period
The Contest begins on December 17, 2022, at 12:00:01 a.m. EST (the “Contest Opening Date”) and ends on December 9, 2023, at 23:59:59 p.m. EST (the “Contest Closing Date”). The time between the Contest Opening Date and the Contest Closing Date will be referred to herein as the “Contest Period.”
3. Eligibility
The Contest is open to all current members of TrailNorth aged 18 years or older at time of entry. TrailNorth members must have all accounts and loan(s) in “good standing” in order to be eligible to win this Contest. For purposes of clarification, a TrailNorth member in “good standing” is a member who maintains at least the minimum share set forth in Article III, Section 1 of the TrailNorth Federal Credit Union bylaws; who is not significantly delinquent on any TrailNorth loan; who has not had any account with TrailNorth closed due to abuse or negligent behavior; who has not caused a financial loss to TrailNorth; and who has not engaged in violent, belligerent, disruptive, or abusive activities, such as:
(a) Violence, intimidation, threats, harassment, or physical or verbal abuse of duly elected or appointed officials or employees of the credit union, members, or agents of the credit union. This includes actions while on credit union premises and through use of telephone, mail, email or other electronic method.
(b) Causes or threatens damage to credit union property.
(c) Unauthorized use or access of credit union property.
(d) Knowingly disseminating incorrect, misleading, confidential, or proprietary information regarding the credit union.
(e) Any actions that may cause material risk or financial harm to the credit union.
Notwithstanding the above, officers, directors, and employees of TrailNorth, and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
4. How to Enter the Contest
Entrants are automatically enrolled and eligible for this Contest by RECEIVING a “funded” auto loan with TrailNorth to purchase or refinance an auto loan 8 model years or newer between December 17, 2022 – December 9, 2023. Refinanced loans must be from competitive lenders only. This Contest is not eligible for auto loans already financed with TrailNorth. A “funded” TrailNorth auto loan means that a member has applied for, completed, signed, and met all of the TrailNorth loan agreement and documentation requirements and TrailNorth has received all required and signed agreements, documents, notes, and other paperwork, (including all required verifications, title-work, secured filed lien, and all other TrailNorth required lending information and documents). In the case of an auto purchase, a “funded” auto loan also means TrailNorth has provided funds to the dealership and/or seller of the automobile for the purpose of the eligible member purchasing and financing the automobile through TrailNorth.
If the TrailNorth auto loan has more than one borrower, the Entry will be considered to be made in the name of all borrowers.
TrailNorth reserves the right to verify the eligibility of all Entrants in the Contest. Illegible and/or incomplete Entries, or Entries submitted by Entrants who do not meet the eligibility requirements, are void and will not be eligible for the Contest.
TrailNorth reserves the right to modify, terminate, cancel or suspend, in whole or in part, the Contest for any reason at any time and without prior notification. If for any reason the Contest is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failure, human error, intimidation, harassment or any other causes beyond the control of TrailNorth that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, TrailNorth reserves the right to disqualify any individual it finds who tampers with the Entries and/or operation of the Contest, and may cancel, terminate, modify, or suspend the Contest without notice and may choose to randomly select the Potential Winner (as that term is defined in Section 7 of these Rules) from all eligible Entries received prior to any such cancellation or termination.
TrailNorth and their respective officers, directors, agents, volunteers and/or employees are not responsible for lost, late, or misdirected Entries, or for any human error, which may occur in the receipt or processing of the Entries submitted for the Contest.
5. Prizes and Odds of Winning
There is one (1) prize (the “Prize”) to pay off a member auto loan up to $50,000.00 available to be won by one (1) eligible Entrant.
The Prize (up to the total amount of the auto loan amount due and owing to TrailNorth and not to exceed the allowable amount of the Prize) will be applied to an eligible auto loan as part of the “Amazing Auto Loan Payoff” Sweepstakes entry.
Any auto loan balance that is less than the potential $50,000.00 Prize maximum will be paid in full and the auto loan lien released by TrailNorth; however, the member will not receive any cash or benefit in excess of the auto loan balance, regardless of the auto loan balance is less than the potential $50,000.00 maximum Prize. The Potential Winner will not receive or be entitled to receive any monetary cash amount, award, an aggregate amount greater than $50,000.00, or other beneficial use of the Prize, over and above the paid off the balance of the auto loan. (No cash or cash refunds will be provided to a Potential Winner or the Confirmed Winner).
Any auto loan balance, including but not limited to any remaining principal balance, accrued interest, and fees exceeding the $50,000.00 limit, will remain due and owing to TrailNorth and payments will be required to be made in accordance with the member’s original auto loan agreement.
If the eligible Sweepstakes entrant has more than one auto loan with TrailNorth, then (if randomly drawn as the Potential Winner, is a member in good standing, and meets the requirements of these Official Rules), TrailNorth will apply the payoff (up to auto loan owed amount and no more than the maximum amount of the Prize), to the auto loan identified and indicated on the Entrant’s entry. The “Amazing Auto Loan Payoff” will apply to only one TrailNorth auto Loan and shall not apply to any other loans of the Winner (held at TrailNorth or any other financial institution) and no other loans will be eligible for any payoff as part of the “Amazing Auto Loan Payoff.” All Potential Winners must comply with the terms and conditions of these Official Rules and any declaration as a Confirmed Winner is contingent upon meeting all of the eligibility requirements of these Official Rules and fulfilling all requirements set forth in these Official Rules.
Prizes must be accepted as awarded and are not transferable unless otherwise agreed to by TrailNorth.
Odds of winning the Prize will depend on the number of eligible Entries received during the Contest Period.
6. Use of Information and Privacy
Any personally identifiable information received, provided, or collected for purposes of the “Amazing Auto Loan Payoff” will be subject to TrailNorth’s Privacy Policy, available at www.trailnorth.com in accordance with the privacy laws of the United States of America, as applicable therein. By accepting the Prize as stated in Section 5 of these rules, and subject to the foregoing, Entrants are deemed to have provided their explicit and implicit consent to collect and use their personal information, for the purposes of administering the Contest. By accepting the Prize as stated in Section 5, Entrants acknowledge and agree to comply with the “Amazing Auto Loan Payoff” Official Rules.
7. Winner Selection and Notification
The Potential Winner will be selected through a random application and/or computer drawing based off a list of all eligible Entries (the “Potential Winner”). The decision on the determination of the Potential Winner is in TrailNorth’s absolute discretion and will be final and binding on all matters relating to the Contest. The selection of the Potential Winner will be announced on or about December 18, 2023.
TrailNorth or its designee will contact the Potential Winner by telephone (using the information provided on the Entry submitted by the Potential Winner) once the announcement is made. Before being declared the Winner of the Prize (the “Confirmed Winner”), within seven (7) calendar days of the first notification, the Potential Winner will be required to:
- supply proof of identity by providing a current, valid photo identification;
- sign an affidavit of compliance with these Official Rules, including an authorization for the release of his/her social security number for tax reporting purposes. Any potential Prize Winner will be required to complete an Internal Revenue Service (“IRS”) Form W-9 for income tax reporting purposes.
- complete and sign any Acknowledgement or Release Forms, which acknowledge acceptance of the Prize as awarded, release TrailNorth and its respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with the Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof, and agrees to the publication, reproduction and/or other use of his/her name, city of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of TrailNorth, in any manner whatsoever, including print, broadcast or the internet.
THE WINNER SHALL BE SOLELY RESPONSIBLE FOR THE PAYMENT OF ALL APPLICABLE TAXES, FEES, COSTS, AND EXPENSES ASSOCIATED WITH ANY LOAN, WINNINGS, OR AWARD BASED ON APPLICABLE FEDERAL AND STATE LAWS, RULES, AND REGULATIONS. Any Prize amount will be reported as taxable income to the Confirmed Winner. All federal, state and local taxes imposed by acceptance of the Prize are solely the responsibility of the Confirmed Winner and the Confirmed Winner is responsible for the reporting and payment of any such prize amount.
Failure of any Potential Winner to reply and communicate with TrailNorth, and return the required affidavit, IRS form, and other acknowledgement/release requirements to TrailNorth within the 7 calendar day time-frame from the initial attempted contact by TrailNorth will be determined to have automatically forfeited any Prize. In the event of Prize forfeiture, when the Potential Winner fails to reply within the 7 day time-frame, an announced Winner is unreachable by phone, the Prize goes unrecognized, the Potential Winner fails to complete and provide all requirements and forms, or if an announced Winner declines the Prize, then TrailNorth is authorized to randomly select an alternate Potential Winner to receive the award. All Potential Winners are subject to the requirements of these Official Rules and any failure to comply with these Official Rules shall deem any Potential Winners ineligible and/or considered a forfeiture of the Prize. In the event of any dispute as to the identity of the Potential Winner, the Potential Winner shall be required to identify their eligibility as a member in “good standing” with TrailNorth and further verify their identity with a valid identification as required by these Official Rules.
8. Limitation of Liability
TFCU, its divisions, affiliates, partners, agents, representatives, employees, officers, directors, and sponsors are not responsible for lost, late, mutilated, delayed, inaccurate, incomplete, postage due, misdirected entries, miscommunications, failed telephone or computer transmissions, or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical, or electronic or for any damage to any person or person’s property related to participating in the “Amazing Auto Loan Payoff” Sweepstakes. Persons found tampering with, abusing any aspect of the “Amazing Auto Loan Payoff” Sweepstakes or entries or violating these Official Rules, will be disqualified and may be subject to prosecution. ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE “AMAZING AUTO LOAN PAYOFF” SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND FOR ANY SUCH ATTEMPT, TRAILNORTH, ITS AFFILIATES, SPONSORS, AND PARTNERS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a Potential Winner or entry based on an automatic entry, the winning entry will be declared made by the member who is the primary loan holder, as determined solely by TrailNorth’s records. IN NO EVENT WILL TRAILNORTH OR ANY OF ITS DIVISIONS, AFFILIATES, EMPLOYEES, CONTRACTORS, SPONSORS, AGENTS, REPRESENTATIVES, AND PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY PARTICIPATION OR ENTRY IN THIS “AMAZING AUTO LOAN PAYOFF” SWEEPSTAKES OR THE ACCEPTANCE OR USE OR MISUSE OF ANY AWARD. Any disputes arising out of the “Amazing Auto Loan Payoff” Sweepstakes or these Official Rules will be governed in accordance with applicable federal laws and the laws of the state of New York. Any disputes will be settled in the district, jurisdiction, and venue of New York, Essex County. ALL ENTRANTS WAIVE THEIR RIGHT TO A JURY TRIAL AND ADDITIONALLY WAIVE ANY RIGHT TO FORM AND/OR BRING A CLASS ACTION IN RELATION TO THIS “AMAZING AUTO LOAN PAYOFF” SWEEPSTAKES TO THE EXTENT NOT PROHIBITED BY U.S. FEDERAL OR NEW YORK LAW. Entrants and participants in the “Amazing Auto Loan Payoff” Sweepstakes (eligible or ineligible entrants and participants), shall not be entitled to claim, request, or receive any consequential, punitive, indirect, direct, special, incidental, or other damages for any reason. In the event of any damages awarded, such shall be strictly limited to direct and actual out-of-pocket expenses and costs, regardless of cause or reason. These limitations are void where prohibited. TrailNorth and its divisions, affiliates, partners, sponsors, representatives, and agents expressly disclaim any and all liability, indirect or direct, regarding the entrant’s participation in the “Amazing Auto Loan Payoff” Sweepstakes, including but not limited to any chances of winning, and do not make any warranties of any kind as part of the “Amazing Auto Loan Payoff” Sweepstakes. Each entrant agrees to release, indemnify, and hold harmless TrailNorth and any of its affiliates, sponsors, employees, volunteers, officers, directors, representatives, agents, and partners from and against any and all liability, claims, causes of action, losses, injury, demands, or damages (regardless of action, cause, or participation) resulting from the entrant’s actions, inactions, or participation in the “Amazing Auto Loan Payoff” Sweepstakes.
9. General
Unless you specifically opt-out of being automatically entered into the “Amazing Auto Loan Payoff” Sweepstakes by providing written notice to TrailNorth of your opt-out selection, you agree to be entered into the “Amazing Auto Loan Payoff” Sweepstakes and represent that you have read these Official Rules and agree to be fully bound by them. If you do not wish to be automatically entered into this “Amazing Auto Loan Payoff” Sweepstakes upon eligibility then please notify TrailNorth at (518) 585-6725 or through one of our conveniently located branches and provide us with a written statement of your desire to not be entered into the “Amazing Auto Loan Payoff” Sweepstakes. Only one (1) Prize will be awarded to a verified and Confirmed Winner and the Winner decision will be final. The Confirmed Winner will be randomly selected from the list of eligible entrants maintained on the TrailNorth system. The Potential Winner will be notified by phone on or after December 9, 2023. If any Potential Winner randomly selected is disqualified, found to be ineligible, is not in compliance with these Official Rules, or fails to personally respond to TrailNorth within seven (7) calendar days of the initial phone notification from TrailNorth or its representative, then TrailNorth reserves the right to disqualify the Winner and randomly select another Potential Winner. If the foregoing occurs, then the initial Potential Winner will be considered to have forfeited his or her Prize. Potential Winners do not need to be present to win. The odds of winning depend on the total number of eligible entries on the TrailNorth system; only one entry per eligible auto loan during the “Amazing Auto Loan Payoff” Sweepstakes Period is allowed. Neither TrailNorth nor any of its divisions, affiliates, employees, officers, contractors, representatives, agents, or partners are responsible for any late, lost, stolen, incomplete, ineligible, invalid, illegible, inaccurate, or misdirected entries. The Prize is not transferable, exchangeable, cannot be redeemed for cash, and may only be applied to an auto loan with TrailNorth (or as otherwise indicated in these Official Rules). The eligible Potential Winner must present a valid photo identification (unexpired) to claim the Prize. The Confirmed Winner will be required to complete an affidavit of eligibility and compliance to these Official Rules, fill out an IRS Form W-9, sign a Consent and Liability Release Form, and agree to pay all applicable federal and state taxes, fees, and costs to receive his or her Prize. The Confirmed Winner who accepts the Prize grants TrailNorth the right to use the Confirmed Winner’s name, address, photograph, and likenesses for advertising, promotional, and publicity purposes.
10. Severability
Should any term, paragraph or section of these Rules be deemed void, unenforceable or contrary to law, such term, paragraph or section shall, but only to the extent necessary to bring such term, paragraph or section within the requirements of law, be deemed to be severed from the other terms of these Rules, and the remainder of these Rules shall be given effect as if they had not included the severed term, paragraph or section herein.
11. Force Majeure
The failure of TrailNorth to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of TrailNorth (excepting compliance with applicable laws, codes and regulations) or other force majeure event(s) will not be considered a breach of these Rules.
TrailNorth reserves the right, in its sole discretion, to cancel, terminate, modify or suspend, in whole or in part, this Contest should an event or any other human intervention occur, which as the effect of tainting or adversely affecting the administration, security, impartiality or the normal unfolding of the Contest as provided for in these Rules (and in accordance with applicable federal and state laws).