Customer Service Survey and Interview Terms and Conditions

THE FOLLOWING ARE THE OFFICIAL TERMS AND CONDITIONS (“TERMS”) APPLICABLE TO THE LENDIO’S CUSTOMER SERVICE SURVEY AND INTERVIEW (“PROMOTION”) AND ENTRANT (“ENTRY”, “ENTRIES”, “ENTRANT”, “ENTRANTS”, “CONTESTANT”, “PARTICIPANT”, “YOU”). 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 IN SECTION 3 BELOW. VOID WHERE PROHIBITED. PROMOTION IS SPONSORED BY LENDIO, INC. (“SPONSOR”), 4100 CHAPEL RIDGE RD, STE 500, LEHI UT 84043.

Information collected from participants in connection with the Promotion is subject to Lendio’s privacy policy, which are located at https://www.lendio.com/agreements/privacy-policy/ and Lendio’s Terms of Use, which are located at https://www.lendio.com/agreements/terms-of-use/

BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE PROMOTION TERMS. IF YOU DO NOT WISH TO AGREE TO THESE PROMOTION TERMS, DO NOT PARTICIPATE IN THE PROMOTION. THESE PROMOTION TERMS CONTAIN A CLASS ACTION WAIVER AND A WAIVER TO A JURY TRIAL.

  1. Introduction: The Promotion is a limited time incentive program in which Participants (see Section 4) will submit answers to either a survey or a recorded interview, or both describing:

    • Why the Participant chose to not proceed forward in obtaining business financing through the Lendio Marketplace; and,
    • If the Participant decides to move forward with a recorded interview, the Participant will answer further questions about their experience with Lendio, and if they accepted an offer that was not presented by Lendio, any details which they may wish to share about why they chose an offer not presented by Lendio.

  2. Promotion Period: Eligible Participant may participate in the promotion by responding to the survey beginning on September 27, 2022, at 12:00 a.m. Mountain Standard Time (“MST”) to October 28, 2022, at 6:00 p.m. MST (“Promotion Period”). Responses received outside of the Contest Period are void.

  3. Incentive Amounts: You can claim up to two (2) Amazon gift cards (each a “Gift Card”), one valued at $5.00, and one valued at $50.00. If you receive and respond to the short two question survey, you will be entitled to receive a $5.00 Gift Card upon providing an email to Lendio to which we can send the Gift Card.

  4. Eligibility Requirements: To be entitled to receive a Gift Card, you must meet all of the eligibility requirements below:

    1. You must be 18 years of age or older
    2. You must own a business, and it must be in good standing;
    3. Answers to the survey must be provided by the business owner;
    4. Answers to the interview must be provided by the business owner;
    5. Business must not operate in a restricted industries, which are as follows: Adult content or services, gambling or online casino-related, regulated or illegal products or services (such as tobacco and related products, marijuana and CBD related products, illicit drugs or drug paraphernalia content), weapons and ammunition (including firearm and firearm components, fighting knives, stun guns, etc.), Cryptocurrency, Money Services Businesses, Pawn shop, or any other business or industry that is illegal, promotes illegal activity, or infringes on the legal rights or legal protections of others.

  5. How to Receive the Incentive: For the $5.00 Gift Card, you must answer a short Within the two questions survey, if you answer affirmatively that you wish to participate in a recorded interview with a Lendio representative, and then complete the full recorded interview, you will be entitled to receive an additional $50.00 Gift Card. During the recorded interview, you will be required to answer a number of questions about your experience with Lendio, and if you accepted an offer that was not presented by Lendio, any details which you may wish to share about why you chose an offer not presented by Lendio. The recorded interview is intended to last up to twenty (20) minutes. You will further be required to dress and present yourself professionally. Indecent, inappropriate, or unprofessional attire or backgrounds will cause the entry to not qualify for Gift Card. Furthermore, if you participate in the recorded interview, you agree to the “Permission to be Recorded and Use of Recording” section below.

  6. How to Claim Your Gift Card: Within seven (7) days of completion of the email survey or the recorded interview, Lendio will send to the email you provide to us a method by which you can claim either one or two Gift Cards in the amount of $5.00 USD and $50.00. In its sole discretion, Lendio may alter the method of delivery on a case-by-case basis. Lendio is not responsible for any inability to access the Promotion or claim a Gift Card due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Gift Card expires after six (6) months. If you have funds remaining on the Gift Card, but the card expires, please contact [email protected]. Additional terms for the Gift Card can be found at the following links:

    Tremendous Rewards Cardholder Agreement

    Tremendous Gift Rocket Prepaid Gift Agreement

    Sutton Bank Privacy Disclosure

  7. Restrictions and Availability: The Gift Card(s) is/are provided only to those individuals who are invited to participate, and who engage in the actions set forth in the “Conditions to Receive Gift Card” section above. Limit one of each Gift Card per individual.

  8. Other Rules: This Promotion is subject to all applicable laws and is void where prohibited. Gift Card recipients (each a “Recipient“) assumes all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Gift Cards.

    If, in Lendio’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, Lendio reserves the right to terminate the Promotion and distribute the Gift Cards in its sole discretion. Any attempt to deliberately damage Lendio’s website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, Lendio reserves the right to seek remedies and damages (including attorney’s fees) to the fullest extent of the law, including pursuing criminal prosecution.

  9. Permission to be Recorded and Use of Recording: By participating in the recorded interview, you hereby authorize Lendio, Inc. (“Lendio”), and those acting pursuant to its authority to: (i) record your image, likeness and/or voice on a video, audio, photographic, digital, electronic, or any other medium (together “recordings”); (ii) use your name, video and audio recordings of you, and biographical material in connection with such recordings; and (iii) take, edit, alter, copy, enhance, crop, exhibit, publish distribute, and make use of any and all recordings taken of you to be used in and/or for any lawful promotional materials in any medium (e.g. print publications, video, internet, etc.) for promotional, advertising, education, and/or other lawful purposes. This authorization also covers any and all recordings provided by you to Lendio. You hereby release and hold harmless Lendio from any reasonable expectation of privacy or confidentiality associated with the recordings.

    This authorization extends to all languages, media, formats, and markets now known or later discovered. This authorization shall continue indefinitely unless you otherwise revoke this authorization in writing. You waive the right to inspect or approve any finished product in which your likeness appears, including written or electronic copy. You release and waive any claims or rights of compensation or ownership regarding such uses, including any right to royalties or other compensation arising or related to the use of the photograph. You release Lendio, its contractors, employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by you or any third party in connection with your participation including without limitation any claims related to blurring distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur do to processing, publication or dissemination of the image, likeness or voice You understand and agree that all such recordings shall remain the property of Lendio. You certify that you are 18 years of age or older.

  10. Disclaimer: GIFT CARDS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. LENDIO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GIFTS.

  11. Limitation of Liability: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD LENDIO AND ITS, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND GIFT SUPPLIERS) (EACH A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE “CLAIMS”) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT’S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE GIFT. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by Lendio in its sole discretion.

  12. Disputes: As a condition of participating in the Promotion, you agree that any and all disputes that cannot be resolved between you and Lendio, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the State of Utah and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of Utah with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of Utah (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant’s participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.

    BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.