WHAT TO DO: Upload an original digital photograph you have taken that depicts your view of “Everyday American Life.” Open only to residents of the 50 United States and Washington, DC, who are 18 years of age or older, at time of entry.

1. HOW TO ENTER: Beginning 11:59:59 PM (ET) on 10/27/08 through 11:59:59 pm (ET) on 1/5/09, visit www.capitalonephotocontest.com or www.flickr.com/groups/capitaloneamericanlife (the “Capital One Flickr Group”), and follow the online entry instructions. Photo must comply with Capital One image upload guidelines (available at above websites), as well as with the Additional Photo Requirements and Restrictions outlined below. If submitting photos through the Capital One Flickr Group, you must be signed in to your Flickr account and your submission must comply with the Flickr Community Guidelines, available at http://www.flickr.com/guidelines.gne. If you do not have a Flickr account, visit www.flickr.com to obtain one. You must have a Yahoo! ID and must agree to the Yahoo! Terms of Service, available at http://info.yahoo.com/legal/us/yahoo/utos/, to sign up for Flickr. In the event of a conflict between the Yahoo! Terms of Service, Flickr Community Guidelines, and these Official Rules, these Official Rules govern. Limit five entries per email address per day. If more than five entries per person are received per day, only the first five of such entries received will be eligible. Each entry must be accompanied by a unique photograph. Decisions of judges are final.

   Additional Photo Requirements and Restrictions: A maximum of 6 people may appear in the photo (in whole or in part); however, it is not necessary for any person to appear. If the photo contains any person(s) other than the entrant, entrant must receive prior written permission from other person(s) featured in the photo (or from parent/legal guardian of other person(s) if other person(s) featured are considered minors in their state of residence) for Sponsor to use their likenesses for publicity including posting on website(s) and featuring on Capital One credit cards and such persons must agree to the use of their likeness without compensation. Written copies of such permissions must be made available to Sponsor upon request. IMPORTANT: If Entrant is selected as a Potential Finalist, any other person(s) (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) appearing in the Submission may be required to sign a publicity and liability release and waiver of liability, as detailed in Rule #5. Do not include any personally identifiable information in your photo. Photograph may be in color or black & white and must be in .jpg, .gif, or .png, format only, with a file size of up to 5MB. ALL ENTRIES MUST BE YOUR OWN ORIGINAL UNPUBLISHED WORK AND CANNOT CONTAIN, INCORPORATE OR REFERENCE ANYTHING THAT IS OWNED BY ANY THIRD PARTY OR ENTITY OR WOULD REQUIRE THE CONSENT OF ANY THIRD PARTY OR ENTITY IN ANY JURISDICTION. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation. The submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Sponsor/judges reserve the right to disqualify any entry that, in their sole discretion, refers, depicts or in any way reflects negatively upon the Sponsor, the promotion or any other person or entity or does not comply with Capital One image upload guidelines or these Official Rules. Any entry, which in the sole opinion of Sponsor, is deemed inappropriate (e.g., defamation, nudity, gratuitous violence, inappropriate language, etc.) or inconsistent with the (“American Life”) or image of the promotion will result in disqualification.

2. ONLINE VOTING: Beginning 12:00:01 AM (ET) on 1/6/09 and ending 11:59:59 PM (ET) on 2/6/09, all eligible entries will be displayed on www.capitalonephotocontest.com and website visitors will have the opportunity to select their favorite entries by following the online instructions. At the conclusion of the voting period, the 50 entries with the most eligible votes, as determined by Sponsor, will be deemed Finalists, pending verification of eligibility and compliance with these Official Rules. In the event of a tie, tied entries will be judged by Sponsor in accordance with the criteria outlined in Rule #3. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Vote tabulations will be accomplished by Sponsor and will be maintained on a confidential basis and will not be released.

3. JUDGING: The 50 Finalists determined via Rule #2 will be judged by a panel of experts, to determine the (1) Grand Prize, (1) First runner-up and (1) Second runner-up. All rounds of judging will be based on the following criteria: Originality and Creativity – 50%; Overall Photo Composition – 30%; Appropriateness to Theme – 20%. In the event of a tie, tied entries will be re-judged based on Originality and Creativity. Potential winners will be contacted initially via email to request additional information required for prize fulfillment. For each email correspondence sent to potential winners, the required information must be received by Sponsor within 3 days from date sent by Sponsor; failure to comply within this time period may result in disqualification. Sponsor, Newsweek, and Yahoo! Inc. assume no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s internet service provider and/or email client or for insufficient space in user’s email account to receive email. Return of any email as undeliverable may result in disqualification and an alternate will be selected, time permitting.

4. PRIZES & APPROXIMATE RETAIL VALUES: (1) Grand Prize – A 2-day/1-night trip for Grand Prize Winner and a guest to New York City, NY, including round-trip coach air transportation from major airport nearest winner’s home, hotel accommodations (double occupancy), ground transportation from/to NY airport/hotel and the opportunity to meet Newsweek’s Director of Photography, Simon Barnett (subject to availability) who will accompany winner and guest on a private photo tutorial and overview of Newsweek’s Photo Department, the opportunity for winning photo to be available for Capital One customers to choose as a credit card image and a $7,000 check for winner (ARV $9,000; there is no retail value associated with meeting Simon Barnett or with credit card image); (1) First runner-up – The opportunity for winning photo to be available for Capital One customers to choose as a credit card image and a check for $6,000 (ARV $6,000; there is no monetary value associated with credit card image); (1) Second runner-up – The opportunity for winning photo to be available for Capital One customers to choose as a credit card image and a check for $5,000 (ARV $5,000; there is no monetary value associated with credit card image). Grand Prize Winner and guest are solely responsible for all other expenses not specifically set forth herein, including but not limited to meals, additional transportation, souvenirs and other incidentals and items of a personal nature. Grand Prize winner and guest must travel on same itinerary. The actual retail value of the Grand Prize will depend on winner's point of departure/return. Travel is subject to availability and certain blackout dates may apply. Trip must be completed within one year of notification. Prizes consist of only those items specifically listed as part of the prize. Limit one prize per person/household.

5. GENERAL: Employees of CapitalOne (“Sponsor”), Newsweek, Yahoo! Inc., and their respective affiliates, subsidiaries, advertising, public relations and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible. Void where prohibited by law. No substitution or transfer of prize by winner permitted. All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Potential winners (or parent/legal guardian if potential winner is deemed a minor in his/her state of residence) will be required to complete an Affidavit of Eligibility/ Release of Liability and, if legally permissible, a Publicity Release Publicity Release and certify that entry is entrants own original work and entrant holds all rights to the entry and all elements therein, that the entry has not been previously published, has not won a previous prize or award and that entrant has followed the Official Rules of the Contest. Entrant may also be required to obtain and submit a completed Publicity and Liability Release and Waiver of Liability for each additional person depicted in his/her entry. All documents will be sent via overnight carrier and must be completed and returned WITHIN (3) DAYS of attempted delivery of same. Noncompliance with this time period or return of any notification as undeliverable may result in disqualification and an alternate may be determined. Grand Prize winner and guest must possess required travel documents (e.g., valid photo ID) prior to departure. Traveling companion (or parent/legal guardian if companion is a minor in his/her state of residence) must also complete and return a Release of Liability within (7) days of attempted notification. If a minor is selected as the Grand Prize traveling companion, winner must be his/her parent/legal guardian. If Grand Prize winner is deemed a minor in his/her state of residence, he/she must be accompanied by a parent/legal guardian who will become winner’s guest. Return of any prize/prize notification as undeliverable will result in disqualification and alternate selection. Sponsor reserves the right to substitute prize of equal or greater value. All material submitted will not be returned. No correspondence will be acknowledged or entered into. Sponsor/judges reserve the right to reproduce the submissions in full or edit and enhance the submissions at its discretion. Sponsor is authorized to use submissions as it sees fit, including usage in advertising and online without compensation, as indicated in these Official Rules and the Capital One Flickr Group Rules. No substitution or transfer of prize by winner permitted. All taxes are the sole responsibility of winner. By accepting prize, winner (or parent/legal guardian if winner is a minor in his/her state of residence) agrees to hold Sponsor, Newsweek, Yahoo! Inc., and their respective directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of prize. Winner (or parent/legal guardian if winner is a minor in his/her state of residence) assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this promotion or use or redemption of any prize. Acceptance of prize constitutes permission to the Sponsor and its agencies to use prize and entry submissions for purposes of advertising and trade without further compensation, unless prohibited by law including a winners’ list. Entrants (or their parent/legal guardian if entrant is a minor in his/her state of residence) agree to release, discharge and hold harmless Sponsor, Newsweek, Yahoo! Inc. and their respective directors, officers, employees and assigns, from and against any and all liability and damages. By participating in this promotion, entrants (or their parent/legal guardian if entrant is a minor in his/her state of residence) agree to be bound by the Official Rules and the decisions of the judges which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor, Newsweek, Yahoo! Inc. and their respective directors, officers, employees and assigns are not responsible for any typographical or other error in the printing, the offering or the announcement of the prizes or in the administration of the contest. In no event will more than the stated number of prizes be awarded.

6. WINNERS: For the names of winners, visit www.capitalonephotocontest.com or www.flickr.com/groups/capitaloneamericanlife on or about 3/15/09.

   SPONSOR: CapitalOne, 1680 Capital One Drive, McLean, VA 22102-3491. Newsweek and Yahoo! Inc. are not sponsors of this Contest.

   NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/judging agency/administrator, in their sole discretion. In the event of termination, a notice will be posted online and all eligible entries received prior to termination will be included in the judging. Any damage made to the Web Site will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Proof of submitting entries/votes will not be deemed to be proof of receipt by Sponsor. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond Sponsor’s control, including but not limited to fire, flood, epidemic, earthquake, explosion, economic crisis, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation. If Sponsor, in its discretion, elects to abbreviate the Contest as a result of a Force Majeure event, a notice will be posted on-line; Sponsor reserves the right, but not the obligation, to judge all valid and eligible entries received up to the time of such Force Majeure event in order to award the prize, providing a sufficient number of entries are received.