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THE FOLLOWING ARE THE OFFICIAL CONTEST RULES (“RULES”) APPLICABLE TO THELENDIO SMALL BUSINESS GRANT CONTEST (“CONTEST”) AND CONTESTANTS(“CONTESTANTS”). CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITEDSTATES OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER ATTHE TIME OF ENTRY AND MEET THE ELIGIBILITY REQUIREMENTS UNDER SECTION 3BELOW. 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 isfollowed by a judging phase (“Judging Phase”), which begins July 6, 2020.2. HOW TO ENTER: Sponsor utilizes Boast.io, a content collection and managementplatform to collect and process data related to entry submissions. By submittingan entry, you are agreeing to Boast’s Submitter Terms of Service.a. To enter, Contestant must complete the following:i. Visit www.lendio.com/business-grants (“Website”) and completean Application, including the submission of a video story of yourbusiness, following instructions provided.ii. Contestant must share a post about their experience with Sponsoron one of the following social platforms: Twitter, Instagram,Facebook, or LinkedIn, using the specific campaign hashtag#LendioSmallBusinessGrants
b. Completion of Section 2.a shall constitute one (1) entry (“Entry” or“Entries”) into the Contest. Contestants may only submit one Entry perlegal entity. Multiple Entries will not be accepted.c. Entry must be submitted in English, except that textual material in alanguage other than English will be accepted if accompanied by an Englishtranslation of that text.d. Entry submitted by alternate means or methods will not be accepted.3. ELIGIBILITY. To participate in the Contest:a. Contestant must have used Sponsor to apply for a Paycheck ProtectionProgram Loan in accordance with the CARES Act of 2020 (“PPP Loan”).b. PPP Loan referenced to Section 3(a) must be approved and funded at thetime of Entry submission.
h. Any Entry that is deemed by the Sponsor, in its sole discretion, to beoffensive, immoral, obscene, profane, defamatory, not in keeping with theimage of the Sponsor, or in violation of these Rules, will be void.
4. LICENSE/USE OF ENTRY:a. By submitting an Entry to the Contest, Contestant grants to Sponsor acopy of his or her Entry, a non-exclusive, irrevocable, royalty-free andworldwide license to use, copy, modify, merge, publish, or distribute theEntry, any information and content submitted by the Contestant, and anyportion thereof. Contestant further grants to the Sponsor the right todisplay the Entry on the Internet or any other media. The Contestantagrees that the foregoing constitutes a condition of the Contestant’sparticipation in the Contest, and that the Contest is not a request for, oracquisition of, any property or service.
b. 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 theEntry) for promotional purposes in any media, worldwide, without furtherpayment or consideration. Furthermore, Contestant grants consent thattheir likeness, photograph, voice, opinions, comments, and any additionalinformation or material included in the Entry (and, as applicable, those ofall other members that participated in the Entry) may be used for theSponsors’ promotional purposes. In addition, Sponsor reserves the right tomake any disclosure required by law.
5. JUDGING, FINALIST SELECTION, AND WINNER DETERMINATION:a. Judging Phase will begin July 6, 2020. The Sponsor reserves the right tosubstitute or modify the judging panel, or extend or modify the JudgingPhase, at any time for any reason.b. Contestants will be judged by a panel of judges assembled by Sponsor(“Contest Judges”). Contest Judges selected are at the sole discretion ofthe Sponsor. Contest Judges are required to remain fair and impartial.c. Contest Judges will score (“Score”) each eligible Entry based on thefollowing judging criteria (“Judging Criteria”):i. Business impact (maximum 40 points)ii. Community impact (maximum 40 points)iii. Quality (maximum 10 points)iv. Creativity (maximum 10 points)d. Based on Score, the highest scoring 23 Contestants will each be eligible tobe a qualifying recipient (“Winner”) of a Prize, as defined in Section 7 (“Prizeand Prize Eligibility”).e. In the event of a tie, Sponsor will bring in a tie-breaking Contest Judge toapply the same Judging Criteria to determine the winner.f. If you wish to receive a copy of your Score, you may submit a writtenrequest to [email protected].g. Contestant’s likelihood of winning will depend on the number and qualityof all of the Entries, as determined by the Contest Judges using the criteriain these Rules.6. WINNER NOTIFICATION:a. Within five (5) business days of the conclusion of the Judging Phase,Winners will be notified by email provided at the time of Entry.b. At Sponsor’s sole discretion, Winners will be listed on Sponsor’s websiteand social media.
7. PRIZE AND PRIZE ELIGIBILITY: ALL PRIZE AWARDS ARE SUBJECT TO SPONSORVERIFICATION OF THE WINNER’S IDENTITY, ELIGIBILITY, AND ENTRY. THESPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TOTHE CONTEST.a. 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 beawarded the lowest Prize.b. A total number of 23 Prizes will be awarded.i. Winner 1: $50,000 USDii. Winner 2-3: $25,000 USDiii. Winner 4-8: $10,000 USDiv. Winner 9-18: $5,000 USDv. Winner 19-23: 2 Months of Sponsor’s Sunrise Bookkeeping Service1. Sunrise Service Plan level will be identified based onbusiness 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, Sunrisebookkeeping service will automatically renew at monthlyrate, based on plan selection, until canceled by Winner.4. At Winner request, Prize may be substituted for a cash-prizeof $1,000 USD.
c. At the sole discretion of the Sponsor, a Contestant forfeits any Prize if:i. Within five (5) business days from the date of Winner notification,Contestant does not return all required documentation requested ofSponsor or refuses the Prize.ii. The Entry of the Winner is disqualified for any reason.d. In the event of a disqualification, the Sponsor, at its sole discretion, mayaward the applicable Prize to an alternate Contestant.
8. USE OF PRIZE FUNDS:a. Winner agrees they will not will not use funds for the purpose of i)tobacco, vaping and related products; ii) Recreational drugs or unsafesupplements; iii) weapons, ammunition, or explosives; iv) third-partyfinancial services such as payday loans, paycheck advances, or bailbonds; v) adult products or services; vi) social issues, elections or politics;vii) state lotteries viii) gambling or real-money gambling; ix) religiousadvertising; x) alcohol; xi) illegal products or services; or xii) any use offunds that would violate applicable laws, including bribery, an illegalkickback, illegal campaign contribution, and any applicable anti-corruption,economic sanctions, or other laws.
9. TAX IMPLICATIONS:a. To the fullest extent allowable under applicable law, all taxes (includingwithout limitation, national, federal, state, provincial, territorial, and/orlocal taxes, as well as any interest, penalties, and additions to tax), as wellas any expenses arising from acceptance or use of Prize are your soleresponsibility. Prior to receiving any Prize, you will provide to Sponsor aproperly completed IRS Form W-9. Failure to supply a completed form willresult in forfeiture of Prize.10.GENERAL CONDITIONS:a. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or modifythe Contest, or any part of it, with or without notice to the Contestants, if anyfraud, technical failure, or any other unanticipated factor or factors beyondSponsor’s control impairs the integrity or proper functioning of the Contest or forany other reason. The Sponsor reserves the right at its sole discretion todisqualify any individual or Contestant that the Sponsor finds to be tamperingwith the entry process or the operation of the Contest, or to be acting in violationof these Rules or in a manner that is inappropriate, not in the best interests of thisContest, or in violation of any applicable law or regulation.b. Failure to enforce any term of these Rules does not constitute a waiver of thatterm. The sponsor is not responsible for incomplete, late, misdirected, damaged,lost, illegible or incomprehensible Entries or for address or email addresschanges of Contestants. Proof of sending or submitting is not proof of receipt bySponsor.c. In the event of any discrepancy or inconsistency between these Rules anddisclosures or other statements contained in any Contest materials, including butnot limited to the Contest Website, Sponsor Website, print or online advertising,the terms and conditions of the Rules shall prevail.d. NON-AFFILIATION. Contest is in no way sponsored, endorsed, administered byor associated with Facebook, Instagram, Twitter, or LinkedIn.e. ALL RIGHTS RESERVED. All intellectual property related to this Contest,including but not limited to trademarks, trade names, logos, designs, promotionalmaterials, web pages, source codes, drawings, illustrations, slogans, andrepresentations are owned or used under license by Sponsor. Unauthorizedcopying or use of any copyrighted material or intellectual property without theexpress written consent of the relevant owner(s) is strictly prohibited.f. LIMITATION OF LIABILITY:i. Incidental Damages and Aggregate Liability. IN NO EVENT WILLSPONSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF ORRELATING TO THE USE OR INABILITY TO PARTICIPATE IN THECONTEST, INCLUDING, WITHOUT LIMITATION, DAMAGES FORLOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES,EVEN IF SPONSOR KNOWS OR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCESWILL SPONSOR’S AGGREGATE LIABILITY, IN ANY FORM OFACTION WHATSOEVER IN CONNECTION WITH THIS CONTEST,EXCEED THE AMOUNT OF $25.00 USD OR ITS EQUIVALENT.ii. No Liability for non-Sponsor Actions. TO THE MAXIMUM EXTENTPERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FORANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/ORINCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OFYOU OR ANYONE ELSE IN CONNECTION WITH THE CONTEST.g. DISPUTE RESOLUTION: In the interest of resolving disputes betweenContestant and Sponsor in the most expedient and cost-effective manner,Contestant and Sponsor agree to resolve disputes through binding arbitrationinstead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration ismore informal than a lawsuit in court. Arbitration uses a neutral arbitrator insteadof a judge or jury, condenses discovery, and is subject to very limited review bycourts. Arbitrators can award the same damages and relief that a court canaward. Any arbitration under these Rules will take place on an individual basis;class arbitrations and class actions are not permitted. Contestant acknowledgesand agrees that the arbitrator may award relief (including monetary, injunctive,and declaratory relief) only in favor of the individual party seeking relief and onlyto the extent necessary to provide relief necessitated by that individual party’sclaim(s). Any relief awarded cannot affect other users. CONTESTANTUNDERSTANDS THAT BY ENTERING INTO THIS CONTEST, CONTESTANTAND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY ORTO PARTICIPATE IN A CLASS ACTION.i. 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.ii. 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.iii. 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.iv. 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.v. 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 may
make 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.
h. 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.
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