Official Contest Rules

THE FOLLOWING ARE THE OFFICIAL CONTEST RULES (“RULES”) APPLICABLE TO THE LENDIO SMALL BUSINESS GRANT CONTEST (“CONTEST”) AND CONTESTANTS (“CONTESTANTS”).

CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND MEET THE ELIGIBILITY REQUIREMENTS UNDER SECTION 3 BELOW. VOID WHERE PROHIBITED. CONTEST IS SPONSORED BY LENDIO, INC. (“SPONSOR”), 4100 CHAPEL RIDGE RD, STE 500, LEHI UT 84043.

1. CONTEST PERIOD

Contestants must enter no later than 11:59pmMST July 5, 2020 (“Contest Deadline”) to participate in the Contest. Contest Deadline is followed by a judging phase (“Judging Phase”), which begins July 6, 2020.

2. HOW TO ENTER

Sponsor utilizes Boast.io, a content collection and management platform to collect and process data related to entry submissions. By submitting an entry, you are agreeing to Boast’s ​Submitter Terms of Service.

To enter, Contestant must complete the following:

  1. Visit ​www.​lendio.com/business-grants​ (“Website”) and complete an Application, including the submission of a video story of your business, following instructions provided.
  2. Contestant must share a post about their experience with Sponsor on one of the following social platforms: Twitter, Instagram, Facebook, or LinkedIn, using the specific campaign hashtag #LendioSmallBusinessGrants

Completion of Section 2.a shall constitute one (1) entry (“Entry” or “Entries”) into the Contest. ​Contestants may only submit one Entry per legal entity. Multiple Entries will not be accepted.

Entry must be submitted in English, except that textual material in a language other than English will be accepted if accompanied by an English translation of that text.

Entry submitted by alternate means or methods will not be accepted.

3. ELIGIBILITY

To participate in the Contest:

  1. Contestant must have used Sponsor to apply for a Paycheck Protection Program Loan in accordance with the CARES Act of 2020 (“PPP Loan”).
  2. PPP Loan referenced to Section 3(a) must be approved and funded at the time of Entry submission.
  3. Contestants must meet all entry requirements set forth in Section 2. To be eligible to win a Prize (as defined in Section 7), contestants must meet the additional prize eligibility requirements set forth ​in Section 7.
  4. Contestants must comply with Sponsor’s Terms and Conditions (https://www.lendio.com/agreements/terms-of-use/) , Privacy Policy (https://www.lendio.com/agreements/privacy-policy/), and these Rules.
  5. Contestants must own or have access to, at their own expense, a computer, an internet connection, and any other electronic devices, documentation, software, or other items that Contestants may deem necessary to create an Entry as described in Section 2.
  6. Each Contestant represents and warrants that he or she is duly authorized to act on and make an Entry.
  7. Those ineligible to participate: The following individuals (including individuals participating as part of a legal entity) are not eligible regardless of whether they meet the criteria set forth above:
    • Any individual under the age of 18 at the time of submission;
    • Any individual who employs any of the Contest Judges (as defined below) as an employee or agent;
    • Any individual who owns or controls an entity for whom a Contest Judge is an employee, officer, director, or agent;
    • Any individual who has a material business or financial relationship with any Contest Judge;
    • Any individual who is a member of any Contest Judge’s immediate family or household;
    • Any employee, representative or agent of the Sponsor and all members of the immediate family or household of any such employee, representative, or agent.
  8. Any Entry that is deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not in keeping with the image of the Sponsor, or in violation of these Rules, will be void.

4. LICENSE/USE OF ENTRY

  1. By submitting an Entry to the Contest, Contestant grants to Sponsor a copy of his or her Entry, a non-exclusive, irrevocable, royalty-free and worldwide license to use, copy, modify, merge, publish, or distribute the Entry, any information and content submitted by the Contestant, and any portion thereof. Contestant further grants to the Sponsor the right to display the Entry on the Internet or any other media. The Contestant agrees that the foregoing constitutes a condition of the Contestant’s participation in the Contest, and that the Contest is not a request for, or acquisition of, any property or service.
  2. Participation in the Contest constitutes consent to the use by the Sponsor, and any other third parties acting on their behalf, of the Contestant’s name (and, as applicable, those of all other members that participated in the Entry) for promotional purposes in any media, worldwide, without further payment or consideration. Furthermore, Contestant grants consent that their likeness, photograph, voice, opinions, comments, and any additional information or material included in the Entry (and, as applicable, those of all other members that participated in the Entry) may be used for the Sponsors’ promotional purposes. In addition, Sponsor reserves the right to make any disclosure required by law.

5. JUDGING, FINALIST SELECTION, AND WINNER DETERMINATION

  1. Judging Phase will begin July 6, 2020. The Sponsor reserves the right to substitute or modify the judging panel, or extend or modify the Judging Phase, at any time for any reason.
  2. Contestants will be judged by a panel of judges assembled by Sponsor (“Contest Judges”). Contest Judges selected are at the sole discretion of the Sponsor. Contest Judges are required to remain fair and impartial.
  3. Contest Judges will score (“Score”) each eligible Entry based on the following judging criteria (“Judging Criteria”):
    1. Business impact (maximum 40 points)
    2. Community impact (maximum 40 points)
    3. Quality (maximum 10 points)
    4. Creativity (maximum 10 points)
  4. Based on Score, the highest scoring 23 Contestants will each be eligible to be a qualifying recipient (“Winner”) of a Prize, as defined in Section 7 (“Prize and Prize Eligibility”).
  5. In the event of a tie, Sponsor will bring in a tie-breaking Contest Judge to apply the same Judging Criteria to determine the winner.
  6. If you wish to receive a copy of your Score, you may submit a written request to​ ​[email protected].
  7. Contestant’s likelihood of winning will depend on the number and quality
    of all of the Entries, as determined by the Contest Judges using the criteria
    in these Rules.

6. WINNER NOTIFICATION

Within five (5) business days of the conclusion of the Judging Phase, Winners will be notified by email provided at the time of Entry.

At Sponsor’s sole discretion, Winners will be listed on Sponsor’s website and social media.

7. PRIZE AND PRIZE ELIGIBILITY

ALL PRIZE AWARDS ARE SUBJECT TO SPONSOR VERIFICATION OF THE WINNER’S IDENTITY, ELIGIBILITY, AND ENTRY. THE SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

  1. Winners will be ranked in order of highest Score. For the sake of clarity, “Winner 1” will be awarded the highest Prize, and “Winner 23” will be awarded the lowest Prize.
  2. A total number of 23 Prizes will be awarded:
    1. Winner 1: $50,000 USD
    2. Winner 2-3: $25,000 USD
    3. Winner 4-8: $10,000 USD
    4. Winner 9-18: $5,000 USD
    5. Winner 19-23: 2 Months of Sponsor’s Sunrise Bookkeeping Service
      1. Sunrise Service Plan level will be identified based on business needs for Winner.
      2. A valid credit card will be required at the time of activation.
      3. At the conclusion of the 2 Month Prize period, Sunrise bookkeeping service will automatically renew at monthly rate, based on plan selection, until canceled by Winner.
      4. At Winner request, Prize may be substituted for a cash-prize of $1,000 USD.
  3. At the sole discretion of the Sponsor, a Contestant forfeits any Prize if:
    1. Within five (5) business days from the date of Winner notification, Contestant does not return all required documentation requested of Sponsor or refuses the Prize.
    2. The Entry of the Winner is disqualified for any reason.
  4. In the event of a disqualification, the Sponsor, at its sole discretion, may award the applicable Prize to an alternate Contestant.

8. USE OF PRIZE FUNDS

a. Winner agrees they will not use funds for the purpose of:

  1. Tobacco, vaping, and related products
  2. Recreational drugs or unsafe supplements
  3. Weapons, ammunition, or explosives
  4. Third-party financial services such as payday loans, paycheck advances, or bail bonds
  5. Adult products or services
  6. Social issues, elections, or politics
  7. State lotteries
  8. Gambling or real-money gambling
  9. Religious advertising
  10. Alcohol
  11. Illegal products or services
  12. Any use of funds that would violate applicable laws, including bribery, an illegal kickback, illegal campaign contribution, and any applicable anti-corruption, economic sanctions, or other laws.

9. TAX IMPLICATIONS

To the fullest extent allowable under applicable law, all taxes (including without limitation, national, federal, state, provincial, territorial, and/or local taxes, as well as any interest, penalties, and additions to tax), as well as any expenses arising from acceptance or use of Prize are your sole responsibility. Prior to receiving any Prize, you will provide to Sponsor a properly completed IRS Form W-9. Failure to supply a completed form will result in forfeiture of Prize.

10. GENERAL CONDITIONS

  1. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or modify the Contest, or any part of it, with or without notice to the Contestants, if any fraud, technical failure, or any other unanticipated factor or factors beyond Sponsor’s control impairs the integrity or proper functioning of the Contest or for any other reason. The Sponsor reserves the right at its sole discretion to disqualify any individual or Contestant that the Sponsor finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of these Rules or in a manner that is inappropriate, not in the best interests of this Contest, or in violation of any applicable law or regulation.
  2. Failure to enforce any term of these Rules does not constitute a waiver of that term. The sponsor is not responsible for incomplete, late, misdirected, damaged, lost, illegible or incomprehensible Entries or for address or email address changes of Contestants. Proof of sending or submitting is not proof of receipt by Sponsor.
  3. In the event of any discrepancy or inconsistency between these Rules and disclosures or other statements contained in any Contest materials, including but not limited to the Contest Website, Sponsor Website, print or online advertising, the terms and conditions of the Rules shall prevail.
  4. NON-AFFILIATION. Contest is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, Twitter, or LinkedIn.
  5. ALL RIGHTS RESERVED. All intellectual property related to this Contest, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, and representations are owned or used under license by Sponsor. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of the relevant owner(s) is strictly prohibited.
  6. LIMITATION OF LIABILITY:
    1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO PARTICIPATE IN THE CONTEST, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SPONSOR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SPONSOR’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS CONTEST, EXCEED THE AMOUNT OF $25.00 USD OR ITS EQUIVALENT.
    2. No Liability for non-Sponsor Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE CONTEST.
  7. DISPUTE RESOLUTION:
    In the interest of resolving disputes between Contestant and Sponsor in the most expedient and cost-effective manner, Contestant and Sponsor agree to resolve disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Rules will take place on an individual basis; class arbitrations and class actions are not permitted. Contestant acknowledges and agrees that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users. CONTESTANT UNDERSTANDS THAT BY ENTERING INTO THIS CONTEST, CONTESTANT AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    1. Claims To Be Resolved By Binding Arbitration. Contestant and Sponsoragree to arbitrate all disputes and claims between Contestant andSponsor. This agreement to arbitrate is intended to be broadlyinterpreted. It includes, but is not limited to: claims arising out of orrelating to any aspect of the relationship between Contestant andSponsor, whether based in contract, tort, statute, fraud,misrepresentation, or any other legal theory; claims that arose before thisor any prior Rules; claims that are currently the subject of purported classaction litigation in which Contestant are not a member of a certified class;and claims that may arise after the termination of these Terms.
    2. Exceptions. Notwithstanding Section 10(f)(i), Contestant and Sponsoragree that no statement herein shall be deemed to waive, preclude, orotherwise limit either party’s right to (i) pursue enforcement actionsthrough applicable federal, state, or local agencies where such actionsare available; (ii) seek injunctive relief in any competent court of law; or(iii) to file suit in a court of law to address intellectual propertyinfringement claims.
    3. Arbitrator. Any arbitration between Contestant and Sponsor will begoverned by the Commercial Dispute Resolution Procedures and theSupplementary Procedures for Consumer Related Disputes (collectively,“AAA Rules”) of the American Arbitration Association (“AAA”), as modifiedby these Terms, and will be administered by the AAA. The AAA Rulesand filing forms are available online at www.adr.org, by calling the AAA at1-800-778-7879.
    4. Notice and Process. A party who intends to seek arbitration must firstsend to the other, by certified mail, a written Notice of Dispute (“Notice”).The Notice to Sponsor should be addressed to: Lendio, Inc., 4100 ChapelRidge Road, Suite 500, Lehi, UT 84043 (“Notice Address”). The Noticemust (a) describe the nature and basis of the claim or dispute; and (b) setforth the specific relief sought (“Demand”). If Contestant and Sponsor donot reach an agreement to resolve the claim within 30 days after theNotice is received, Contestant and Sponsor may commence an arbitrationproceeding.
    5. Fees. In the event that Contestant commence arbitration in accordancewith these Rules, Sponsor will, at Contestants request, reimburseContestant for Contestants payment of the arbitration filing fee, unlessContestants claim is for greater than $10,000, in which case the paymentof any fees shall be decided by the AAA Rules. Any request for paymentof fees by Sponsor should be submitted by mail to the AAA along withContestant’s Demand for Arbitration and Sponsor will make arrangementsto pay all necessary fees directly to the AAA. In the event the arbitratordetermines the claim(s) Contestantant assert in the arbitration to befrivolous or brought for an improper purpose (as measured by thestandards set forth in Federal Rule of Civil Procedure 11(b)), Contestantagree to reimburse Sponsor for all fees associated with the arbitrationpaid by Sponsor on Contestant’s behalf that Contestant otherwise wouldbe obligated to pay under the AAA’s Rules.If Contestant’s claim is for $10,000 or less, Contestant may choosewhether the arbitration will be conducted solely on the basis of documentssubmitted to the arbitrator, through a non-appearance based telephonichearing, or by an in-person hearing as established by the AAA Rules.Any in-person arbitration hearings will take place at a location to beagreed upon in Salt Lake County, Utah. Regardless of the manner inwhich the arbitration is conducted, the arbitrator shall issue a reasonedwritten decision sufficient to explain the essential findings and conclusionson which the decision and award, if any, are based. The arbitrator maymake rulings and resolve disputes as to the payment and reimbursementof fees or expenses at any time during the proceeding and upon requestfrom either party made within 14 days of the arbitrator’s ruling on themerits.
  8. No Class Actions. Unless both Contestant and Sponsor agree otherwise, thearbitrator may not consolidate more than one person’s claims, and may nototherwise preside over any form of a representative or class proceeding.CONTESTANT AND SPONSOR AGREE THAT EACH MAY BRING CLAIMSAGAINST THE OTHER ONLY IN CONTESTANT’S OR SPONSOR’SINDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.