Ecosystem Appy Hour Competition Terms and Conditions:

Ecosystem Appy Hour Competition Terms and Conditions:

1. This competition (Competition) is conducted by Xero Australia Pty Limited (ABN 89124 215 247)(Xero). The Competition commences at 9am (AEST) on 18 September 2018 and ends at midnight (AEST) on 7 January 2019 (Competition Period). By entering the Competition, entrants (Entrant, You or Your) agree to be bound be these Terms & Conditions, the Xero Developer Platform Terms and Conditions (Developer Conditions) and and the Dev Partner Program – Terms of Agreement (Partner Agreement)(collectively, the Terms).

2. To be eligible to enter and participate in the Competition an Entrant must:

a. have its principal place of business in Australia;

b. register to participate in the Competition between 18 September 2018 and 30 September 2018. Entries after this date will be invalid.

c. be an App Partner in the App Partner Program (as defined by the Partner Agreement) for the duration of the Competition Period;

d. have agreed to, and at all times abide by, the Terms; and

e. have and maintain (including for the duration of its use or receipt of the prize/s) at its sole expense professional indemnity and public liability insurance with a reputable insurance underwriter, (Entry Criteria).

3.Xero’s decisions on all matters relating to this Competition (including eligibility of entries, the judging of entries and the provision of Prize/s) will be final and no correspondence will be entered into.

4. There will be three (3) winners chosen by Xero from the Entrants as follows:

a. For first and second Prize, the winners will be judged by Xero against the following criteria between 1 October 2018 and 31 December 2018:

i. The Entrant must endeavour to increase its new customer integrations to Xero (being the software integration between Entrant’s Application (as defined in the Developer Conditions) and Xero)(Integration). The Entrants will be assessed based on the percentage increase in new customer integrations.

ii. The Entrant must provide evidence in writing to Xero demonstrating:

1. how it has proactively delivered awareness of the Integration;

2. how it has proactively contributed to procuring new Xero customer trial subscriptions;

3. how it has unlocked opportunities for new paying Xero customer subscriptions;

4. how it has improved its Integration capability; and

5. how it has delivered new ideas & initiatives to promote awareness of the Integration.

b. For third prize, the winner will be the Entrant judged by Xero to provide the most creative, inspiring and original ideas & initiatives in response to the requirements of paragraph 4(a)(ii) above.

5. The Competition will be judged at 1/6 Elizabeth Street, Hawthorn VIC 3122 at 2pm on 14 January 2019. The winners will be announced publicly by Xero on 16 January 2019 via an email addressed to all Entrants.

6. The winners will receive the following prizes (each a Prize):

a. the first prize winner will receive:

i. $500 worth of Xero branded merchandise;

ii. $7000 in Xero digital marketing spend. Xero will spend this amount on digital marketing activities to promote Your Application’s (as defined by the Developer Conditions) software integration with Xero. The digital marketing channels used by Xero in delivering the Prize will be chosen by Xero at its absolute discretion. Xero will determine the content and messaging contained in all marketing activities but will seek Your prior approval (not to be unreasonably withheld) before commencing the activities; and

iii. the option to occupy and host a stand at any three (3) ‘Xero Roadshow 2019 ’ events, free of charge.

b. the second prize winner will receive:

i. a $500 worth of Xero branded merchandise; and

ii. a $5000 Xero digital marketing spend. Xero will spend this amount on digital marketing activities to promote Your Integration. The digital marketing channels used by Xero in delivering the Prize will be chosen by Xero at its absolute discretion. Xero will determine the content and messaging contained in all marketing activities but will seek Your prior approval (not to be unreasonably withheld) before commencing the activities;

c. the third prize winner will receive:

i. $500 worth of Xero branded merchandise; and

ii. $3,500 in Xero digital marketing spend. Xero will spend this amount on digital marketing activities to promote Your Integration. The digital marketing channels used by Xero in delivering the Prize will be chosen by Xero at its absolute discretion. Xero will determine the content and messaging of all marketing activities but will seek Your prior approval (not to be unreasonably withheld) before commencing the activities;

d. In addition to the above, Xero will spend $1000 on behalf of each winner (total $3000) on an App Partner event to be jointly hosted by all winners of this Competition.

7. The Prize/s are not redeemable for cash and are not transferable. Winners must use all Prizes before 31 March 2019. Any unused portion of the Prizes as of 31 March 2019 will be forfeited by the relevant winner/s.

8. All incidental costs associated with the winner’s receipt of the Prize which are not set out at clause 6, including transport, accommodation, transfers, insurance, complying with clause 11 or any other outgoing, incidental or operational costs is the responsibility of the Prize winner. Xero makes no warranties or representations to the winners in relation to the quality, expected revenue or takings (if any) that may be generated by the winner’s receipt, use or exploitation of the Prize/s in accordance with these Terms.

9. There will be a limit of one entry per eligible App Partner. Each App Partner is eligible for a maximum of one Prize.

10. Xero employees are not eligible to enter this Competition.

11. A collaborative approach is necessary to enable Xero to prepare and deliver the Prize to each winner which will mean that the winner’s time, effort and commitment is required (Obligations). Xero may terminate its obligation to prepare and/or deliver the Prize if Xero determines that the winner is unable, unwilling or unnecessarily delays the performance of its Obligations.

12. Xero is under no obligation to undertake any action or to assist an Entrant perform its obligations under clause 4.

13. Entrants (and for the purposes of receiving the Prize/s, each winner) agree that they are fully responsible for any materials they submit to Xero or otherwise generate in connection with this Competition, including but not limited to comments, recordings, documents and images (Content). Xero shall not be liable in any way for such Content to the full extent permitted by law. Xero may remove, decline to publish, and/or invalidate Your Content or Your entry to the Competition without notice for any reason whatsoever. Entrants warrant and agree that:

a. they will not submit any Content that is unlawful or fraudulent, or that Xero may deem is in breach of any intellectual property, privacy, publicity or other rights or Content that Xero otherwise deems as inappropriate;

b. their Content shall not contain viruses or cause injury or harm to any person or entity;

c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

d. the Content is the original artistic work of the entrant that does not infringe the rights of any third party;

e. they consent to any use of the Content which may otherwise infringe the Content creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

f. they will comply with all applicable laws and regulations, including without limitation, those governing trade, competition, copyright, defamation and privacy. Without limiting any other terms herein, the entrant agrees to indemnify Xero for any breach of this clause 12.

14. As a condition of entering this promotion, each Entrant licenses and grants to Xero, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content, name and business name for the purpose of announcing the winner, improving Xero’s products or services, future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

15. To the extent permitted by law, Xero and its affiliated companies shall not be liable in any way (including, without limitation, in negligence), for any loss or damage whatsoever suffered (including, without limitation, direct, indirect or consequential loss) or for any loss or damage or personal injury suffered or sustained in connection with the Competition.

16. All use of Xero’s services is subject to Xero’s Terms of Use. Information collected by Xero about you in connection with this Competition will be subject to Xero’s Privacy Policy.

17. These terms and conditions are governed by the laws of Victoria, Australia.