Terms and Conditions
Offer: Through Lenovo’s Evolve Small program, eligible Small Businesses (as defined below) may apply to create and receive custom pre-programmed video content featuring Dana Elaine Owens (known publicly as “Queen Latifah”) and advertising such Small Businesses by name (“Custom Video”), which may be shared solely on such Small Business’ website and owned social channels to promote the eligible Small Business (collectively, the “Offer”).
Offer open to all Small businesses located within the fifty (50) United States and District of Columbia or Canada (excluding Quebec), and who are included on the Google API†. “Small Business” is defined as a business with no more than 75 employees which is located and operating in the Eligibility Area with average annual receipts under $7.5MM in FY2023, excluding franchisees, licensees and independent owner/operators of larger business entities. Small business must be in good standing with the jurisdiction under whose law it is incorporated/organized and NOT be a party to any existing or pending litigation. Notwithstanding the foregoing, Small Businesses operating within any of the following categories are not eligible to participate in the Offer:
PROHIBITED TRADE/LINE OF WORK
- Not-for-profit organizations.
- Political fundraiser or activism.
- Manufacturer, distributor or retailer of health and wellness products, including dietary and nutritional supplements or energy drinks.
- Alcohol beverage licensee of any kind, including wholesalers, retailers, distributors and importers of distilled spirits, wine and/or malt beverages.
- Financial related services of any kind (including credit counseling, lending or payment processing).
- Time-share or other investment opportunities of any kind.
- Gambling enterprise.
- Adult entertainment.
- Manufacturer, distributor or retailer of controlled substances, tobacco, e-cigarettes or cannabis.
- Manufacturer, distributor or retailer of firearms and other forms of weapons.
- Businesses engaged in illegal, potentially illegal, or illegitimate activities as adjudged in Sponsor’s determination.
- Manufacturers of pharmaceuticals and cosmetics/hair products
- Retailers of “new age” medical-like treatments, such as IV drips and cryotherapy
Users can access video experience via Lenovo’s Evolve Small site (https://www.lenovo.com/us/en/evolvesmall) by clicking on the “sign me up” button. This drives to a separate microsite at Lenovoevolvesmall.com.
To submit for a Custom Video, the following fields are required:
- Search and select business name via Google API†
- If your business is not on Google API†, you will not be able to participate
- Select keywords that describe best describe entrant’s business
- Check box that business is bona fide/real, employs 75 or less people and with average annual receipts under $7.5MM in FY2023
- Check box accepting terms and conditions
- Check box confirming that you are 18 years of age or older and the owner of the eligible Small Business or have the legal authority from the owner of the Small Business to submit.
- Check the box to opt in to receive additional communications from Sponsor about its products, services and upcoming contests and promotions.
† No sponsorship, endorsement or authorization intended or implied. Used only for reference purposes.
Lenovo and Queen Latifah reserve the right, at their sole discretion, to disqualify any submission (company name and logo) and/or Custom Video for any reason, in such case, neither Lenovo nor Queen Latifah will have any liability of any kind. By way of example only: Submissions and/or Custom Videos may be rejected/disqualified in the event (a) Lenovo and/or Queen Latifah reasonably believe such submission and/or Custom Video is likely to damage or otherwise negatively impact their brands; (b) Small Business qualifies as a franchisee, licensee and/or independent owner/operators of larger business entities, or (c) Small Business name and logo are considered inappropriate in any way (as determined by Lenovo and/or Queen Latifah in their sole discretion), including but not limited to nudity/sexually suggestive material, depictions of violence, gang symbols, hate speech of any kind, religious/political statements or imagery, misleading/deceptive content, obscenities. Small Business name and logo must also not infringe upon or violate the intellectual property or other rights of any third party, including parodies of other persons or trademarks.
Submission must NOT contain executable programming of any kind, including, without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever or encrypted content of any kind.
To possibly receive Custom Video, submission must be received by March 31, 2024 at 11:59:59 p.m. ET.
Limit of one (1) Custom Video per eligible Small Business.
Participation in this Offer has no bearing on a Small Business’ eligibility for or participation in the Lenovo Evolve Small Grant Contest.
Lenovo grants the eligible Small Business the limited, revocable right to use the Custom Video, including (on a non-exclusive basis) the name, voice, image, and likeness of Queen Latifah solely as incorporated in the Custom Video, for commercial purposes to promote the eligible Small Business solely on such Small Business’ website and owned social media channels, subject to these Terms & Conditions. Any other use of the Custom Video and/or the name, voice, image and/or likeness of Queen Latifah constitutes an actionable violation of the rights of Lenovo and Queen Latifah. Without limitation, any modification, editing, manipulation or other exploitation of the Custom Video and/or the voice, image and/or likeness of Queen Latifah is STRICTLY PROHIBITED.
At all times, as between Lenovo and Queen Latifah, on the one hand, and the eligible Small Business, on the other, Lenovo and/or Queen Latifah shall own any and all right, title and interest in and to the Custom Video and all content contained therein (excluding Small Business’ name and logo). Owner/authorized representative of the eligible Small Business agrees, upon Lenovo’s request and without compensation/consideration of any kind, to sign any and all documentation required by Lenovo so as to confirm, effect or record Lenovo’s/Queen Latifah’s ownership rights in same, including assigning any and all rights that such Small Business may have acquired in the Custom Video to Lenovo/Queen Latifah.
Further, by participating in the Offer, eligible Small Business acknowledges and agrees that this Offer is non-exclusive and Lenovo may obtain many submissions in connection with the Offer, and that other similar participating Small Businesses may also be offered similar or identical Custom Videos for use in connection with its business. Accordingly, each eligible Small Business hereby waives any and all claims such Small Business may have had, may have, and/or may have in the future against Lenovo or Queen Latifah, that any rights granted to such Small Business to use any Custom Video (including Queen Latifah’s name, image, voice and/or likeness) is in any manner exclusive to such Small Business, whether in relation to any particular type of business, product, service or otherwise.
BEYOND USE OF THE CUSTOM VIDEO ITSELF, LENOVO AND QUEEN LATIFAH DO NOT IN ANY WAY SPONSOR OR ENDORSE ANY SMALL BUSINESS OR ITS GOODS/SERVICES. ANY ATTEMPT BY SMALL BUSINESS TO STATE OR IMPLY THAT SUCH SPONSORSHIP/ENDORSEMENT EXISTS CONSTITUTES AN ACTIONABLE VIOLATION OF THE RIGHTS OF LENOVO AND QUEEN LATIFAH.
Limitations & Restrictions:
- At all times, the #Ad, #Sponsored or similar disclaimer disclosing Queen Latifah’s relationship to Lenovo and/or the relevant Small Business as a paid endorser must be maintained in the Custom Video.
- The eligible Small Business shall not modify or distort the Custom Video in any manner, or remove or alter any trademark, copyright or other proprietary notices or disclosures as contained therein.
- Receipt of and license to use the Custom Video is conditioned on eligible Small Business’ full and continued compliance with these Terms & Conditions as determined by Lenovo in its sole discretion.
- The eligible Small Business is solely responsible for any and all costs incurred in submitting company name and logo and participating in this Offer, including but not limited to wireless Internet access charges (to the extent applicable).
- Lenovo disclaims any and all liability under any legal theory for programming, hardware/software, network, electronic or other technological error, failure or malfunction of any kind, including any damage to any material owned/licensed by Small Business in conjunction with participation in this Offer or use of the Custom Video.
- Custom Video may be included ONLY on participating Small Business website and/or on its owned social media channels.
- Custom Video may not be included within any television, radio or other ads not specifically authorized.
- Custom Videos may ONLY be used by the eligible Small Business until March 31, 2024 at 11:59:59 p.m. ET. Immediately after 11:59 p.m. ET pm on March 31, 2024. Small Business shall cease any and all use of Custom Video, including removal of the Custom Video from Small Business’s website and owned social media channels.
- Custom Video and/or Queen Latifah’s name/image/voice/likeness MAY NOT be used in any of the following ways: pop ups, pop unders, pop-overs, autoplay, wallpaper, screensavers, ringtones, push notifications, direct mail/spam, downloadable content, apps or games, lifesize/near life-size standees, aisle displays, end caps, shelf-talkers, no use in packaging, packaging sleeves, bags, inserts/coupons, labels or in hang tags, tie-ins, tie-ups, giveaways, premiums, endorsements or use in co-promotion with retail partners or otherwise. No bus shelters/stops/stations, subway and other trains/stations, taxis and taxi tops/stands, trucks or on street furniture, bench ads, bathroom stalls, trash cans, scaffolding, free-standing inserts, valet stubs, elevators, escalators, X-ray bins, shopping bags or similar items, no posters or wild/fly postings, hoardings, stadiums, jumbotrons, kiosks, dealerships.
General Conditions/Disclaimers: If for any reason the Offer is not capable of running as planned, or if any part of the Offer or any process associated therewith becomes corrupted or does not allow the proper operation of the Offer, or if infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause, in Lenovo’s sole opinion, corrupt or affect the administration, security, integrity, or proper conduct of this Offer, Lenovo reserves the right, at its sole discretion, to disqualify any individual or Small Business implicated in such action, and/or to cancel, terminate, modify or suspend this Offer in whole or in part. If the Offer is cancelled or terminated prior to the stated end date, Lenovo reserves the right to distribute Custom Videos only to those eligible, non-suspect, Small Business participants who submitted eligible applications prior to the time of the action or event warranting such cancellation/termination. Proof of entering information on the Offer’s website is not considered proof of delivery or receipt by Lenovo. False and/or deceptive acts of any kind shall render a Small Business participant ineligible to receive a Custom Video. By participating in this Offer, Small Business participants: (a) agree to be bound by the terms of these Terms & Conditions and the decisions of Lenovo, which shall be final and binding in all matters relating to the Offer; and (b) agree that Lenovo, its affiliates, Queen Latifah, and their respective directors, officers, employees, agents and representatives (collectively, “Released Parties”) are not responsible for printing, typographical, human, distribution, production, omission, or other errors of any kind that may occur in connection with the Offer, including, without limitation, errors in connection with the administration of the Offer, lost, late, damaged, misdirected, garbled, illegible, or incomplete submissions; incorrect or inaccurate submission information whether caused by Small Business participants or by any of the equipment or programming associated with or utilized in the Offer or by any technical or human error which may occur in the transmission, receipt or processing of such submissions; submissions not received due to lost, failed, delayed or interrupted connections or miscommunications; other electronic malfunctions, delays, or errors; human error; technical malfunctions or defects of computer systems or telephone networks utilized in the Offer; theft, tampering, destruction of or unauthorized access to, or alteration of, submissions; data processing that is processed late or incorrectly, or in any other Offer-related materials or the receipt and/or use of Custom Videos.
LENOVO MAKES NO AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND RELATING TO THE CUSTOM VIDEOS OR THE OFFER, INCLUDING WITHOUT LIMITATION ANY SPECIFIC OUTCOME OR RESULTS IN CONNECTION WITH THE ELIGIBLE SMALL BUSINESS’ USE OF THE CUSTOM VIDEO. THE CUSTOM VIDEOS PROVIDED HEREUNDER ARE BEING FURNISHED BY LENOVO ON AN “AS IS” BASIS, WITH NO WARRANTY OF ANY KIND. BY USING THE CUSTOM VIDEO, EACH ELIGIBLE SMALL BUSINESS ASSUMES ALL RISKS ASSOCIATED WITH SUCH USE. ELIGIBLE SMALL BUSINESS HEREBY FULLY RELEASES, AND FOREVER DISCHARGES LENOVO FROM AND AGAINST ALL CLAIMS, DEMANDS, INTERESTS, RIGHTS, ACTIONS, OR CAUSES OF ACTION, KNOWN OR UNKNOWN, ARISING FROM ELIGIBLE SMALL BUSINESS’ USE OF THE CUSTOM VIDEO OR PARTICIPATION IN THE OFFER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LENOVO SHALL NOT BE LIABLE TO ELIGIBLE SMALL BUSINESS HEREUNDER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE OF ANY KIND RELATING TO OR ARISING OUT OF THE OFFER OR CUSTOM VIDEO (OR ANY USE THEREOF), REGARDLESS OF THE FORM OF ANY SUCH CAUSE OF ACTION.
By participating in the Offer, each eligible Small Business represents and warrants that (a) it has all rights necessary to participate in the Offer and to submit the Small Business name and logo for inclusion in the Custom Video; and (b) agrees to defend, indemnify, and hold harmless Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses whatsoever arising out of or related to (i) any breach of these Terms & Conditions by the eligible Small Business; and/or (ii) the display, distribution and/or other use of the Custom Video by the eligible Small Business. By participating in the Offer, each eligible Small business further represents and warrants that (1) it conducts its business in an ethical manner in compliance with all applicable local, state and federal laws, rules, regulations and statutes and applicable industry standards, including without limitations, those relating to the minimum age of employment, minimum wages, forced labor or working conditions, and (2) it does not discriminate against any employees, applicants for employment, customers or any entity engaged in its business practices on the basis of race, color, religion, creed, gender, sexual orientation, age, national origin, or any other legally protected status.
Waivers/Governing Law: Offer is subject to all applicable federal, state, and local laws and regulations. This Offer is governed by the laws of the United States and State of New York, without respect to conflict of law doctrines. As a condition of participating in this Offer, Small Business participants agree that any and all disputes and causes of action against Lenovo arising out of or in connection with this Offer shall be resolved individually, without resort to any form of class action. Such dispute shall be resolved by mediation and binding arbitration pursuant to the Rules of the American Arbitration Association, then in effect, and any claims, judgments and/or awards shall be limited to Small Business’ actual out-of-pocket costs incurred, but in no event attorneys’ fees. Further, in any such dispute, under no circumstances will Small Business participants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, or consequential damages, including attorneys’ fees, and participants further waive all rights to have damages multiplied or increased.
Terms & Conditions Govern: In the event of any discrepancy or inconsistency between these Terms & Conditions and any disclosures or other statements contained in any Offer-related materials/communications or made by any representative of Lenovo, these Terms & Conditions shall prevail, govern, and control.
Severability: The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms & Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.