Terms and Conditions
No purchase or payment of any kind is necessary to enter or win a prize in the Giveaway. A purchase or payment will not affect your chances of winning a prize. You have not yet won. The Giveaway is void where prohibited by applicable law or regulation.
This giveaway (Giveaway) is conducted by the Xero entity for the region in which you are a resident of (as set out in the list at the bottom of these Terms and Conditions) (Xero, we, our or us), and is open from 15th September, 2023 at 12am AEST until 30th September, 2023 at 12am AEST (Giveaway Period). Xero may, at its sole discretion, extend the Giveaway Period. By entering the Giveaway, an entrant (Entrant, you or your) agrees to be bound by these terms and conditions (the T&Cs) and the additional terms and conditions set out in Schedule 1 for residents of the United States (the Additional Terms, and collectively, with the Terms when applicable, the Terms).
To be eligible to enter the Giveaway, an Entrant must be the age of majority in your region and be a resident of one of the following regions:
- United Kingdom;
- United States (excluding Puerto Rico and the U.S. Virgin Islands and other U.S. territories and possessions);
- New Zealand
(an Eligible Entrant).
Eligibility for the Giveaway is subject to all applicable federal, state and local laws, rules and regulations (Laws). You are responsible for confirming if your participation in the Giveaway or acceptance of the Prize violates any Laws or contract between you and any third party. Employees of Xero, or any affiliates thereof, and members of their immediate families are not eligible to enter the Giveaway.
How to Enter
To enter the Giveaway, an Eligible Entrant must, during the Giveaway Period, complete the Xero Payer Intercom Survey, and elect to be entered into the Giveaway by providing your details at the completion of the survey (Entry Criteria). Following which, you will be deemed to have registered as a participant in this Giveaway and accepted these Terms.
There will be a limit of one (1) entry per Entrant. No purchase is required to enter the Giveaway. Submissions for entry into the Giveaway received other than during the Giveaway Period, duplicate submissions, or submissions that are incomplete, illegible, or that do not conform to, or satisfy, any condition of the Terms and any submissions received by automated means or means that subvert the entry process described in the Terms will be void. Xero will determine in its sole discretion, what constitutes a valid entry. Proof of submission will not be deemed to be proof of receipt of entry by Xero. Xero has no obligation to notify you if your submission is void. No communication or correspondence will be exchanged with any Entrant except with those selected as a potential Giveaway Winner.
If you opt to access the Giveaway via your wireless mobile device, data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier.
Prize and Timing
The prize is a gift card issued by www.tremendous.com worth (Prize). Depending on the Winner’s region, the value of the Prize will be:
- United States: $320 USD
- Australia: $500 AUD
- United Kingdom: £250 GBP
- New Zealand: $540 NZD
There is one (1) Prize available to be won in the Giveaway. The Prize will be awarded in a manner of Xero’s choosing, in its own discretion. The Prize cannot be replaced if lost or stolen and is not transferable, for sale, re-sale or auction. Xero gives no warranties, representations or advice in respect of the Prize and it is provided on an “as is” basis. No prize substitutions, except by Xero, who reserves the right to substitute the Prize with another prize of comparable or greater value if the Prize is not available for any reason as determined by Xero in its sole discretion. The odds of winning a Prize depends on the number of entries that meet the Entry Criteria.
Xero will select one (1) Eligible Entrant at random from the entries (Winner). There will be a total of one (1) Winner. The Winner will be notified by Xero and will be advised as to how the Prize will be made available to them. In order receive their Prize, the Winner will be required to (a) within seven (7) days of email notification by Xero, reply to Xero via email, confirming the Winner's e-mail address, full mailing address and phone number; and (b) where applicable, sign and return a Release Form (or similar document) to be provided by Xero, which, among other things: releases the Released Parties (as defined in Section 13) from any and all liability in connection with this Giveaway, the Winner’s participation therein and the acceptance, use or misuse of the Prize and confirms the Winner’s consent to the publication, reproduction and/or other use of their firm name in any publicity or advertising carried out by Xero in connection with the Giveaway (together the Prize Claim Steps). The Winner must also complete any and all additional documents (e.g., legal or tax-related documents) provided by Xero (if any) in connection with the awarding of the Prize and return them as instructed within the time frame specified or Winner may forfeit Prizes at Xero’s sole discretion. Once eligibility has been verified and Xero receives the Winner’s requested information, Xero will arrange to award the Prize. If the potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Xero will have no further obligation to the potential Winner. Prize or Prize Claim Steps returned as undeliverable will result in forfeiture of the Prize. In addition, Xero reserves the right to, in its sole discretion, select an alternate Winner in the event that any potential winner fails to comply with the Terms.
Winner is responsible for any and all applicable federal, state, territorial, local or foreign taxes (and the reporting thereof), if any, and for all other unspecified expenses, fees, charges, or duties associated with acceptance or use of the Prize. It is the individual Winner’s responsibility to understand and abide by any federal, state, territorial, local or foreign tax laws that may apply to receipt of the Prize.
Xero’s decisions on all matters relating to this Giveaway (including but not limited to registration of Participants and determination of the Winner, the awarding of the Prize and the operation of the Giveaway) will be final and no correspondence will be entered into regarding any of the foregoing.
Neither Xero nor its subsidiaries or affiliates, nor any of their respective Representatives (defined below) are responsible for (a) theft, alteration, destruction or unauthorized access to entries; (b) problems downloading or uploading any Giveaway-related information or data to or from any website or platform; (c) any other technical failures or malfunctions of, or experienced by, any electronic equipment, computer systems, servers, or service or other providers, phone lines, the public internet; or (d) failure of any electronic mail entry to be received by Xero on account of technical problems which may limit your ability to participate in this Giveaway.
To the extent permitted by law, Xero and its affiliates and each of their respective directors, officers, employees, representatives, and agents (together, the Representatives, and together with Xero and its affiliates, the Released Parties) 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 the right to have damages multiplied or increased) or for any loss or damage suffered or sustained in connection with the Giveaway, or acceptance, possession, or use or misuse of the Prize, and you hereby release the Released Parties from any claims or damages arising out of or related to your participation and/or entry in the Giveaway and/or your receipt, acceptance, possession or use or misuse of the Prize awarded in this Giveaway. For the avoidance of doubt, and without prejudice to the generality of the foregoing, you release the Released Parties from any loss, damages or cause of action in relation to (a) any technical errors associated with the Giveaway; (b) unauthorized human intervention in the Giveaway; and (c) any other errors or problems in connection with the Giveaway, including, without limitation, errors that may occur in the administration of the Giveaway.
In the event that Xero receives an insufficient number of entries that meet the Entry Criteria and/or Xero is prevented from awarding a Prize or continuing with the Giveaway as contemplated herein by any event beyond its control, including without limitation, fire, flood, natural or man-made epidemic of health of other means, satellite, technical or equipment failure, then Xero shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Xero will (if possible) award the Prizes from among the entries that meet the Entry Criteria or the US Entry Criteria, as applicable, received as of the date of the event giving rise to the termination.
Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway if any fraud or any other factor impairs the integrity or proper functioning of the Giveaway, for any other reason whatsoever without liability. In the event of termination of the Giveaway, Xero may award the Prize from among the eligible entries received up to the time of the suspension or termination, whichever date occurred first.
If there’s any part or provision of these Terms that is declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of these Terms shall remain in full force and effect.
This Giveaway is in no way sponsored, endorsed or administered by any social media platforms on which the Giveaway may have been promoted and/or publicized and/or used to announce the Winner. Any questions or comments regarding a Giveaway must be directed to Xero and not to any social media platforms.
You acknowledge that a copy of these Terms has been provided to you. If you have any questions regarding the Giveaway, or if you would like confirmation of the Giveaway Winner once they are named, please contact Xero at: email@example.com.
The following list sets out, for the region you reside in, the applicable Xero entity and the laws that govern the Terms and the Giveaway. By participating, you irrevocably consent and submit to the jurisdiction of such courts.
Xero entity and registered office:
Xero Australia Pty Limited
1/6 Elizabeth Street
Melbourne VIC 3122
Governing Law: Victoria, Australia
Country: United Kingdom
Xero entity and registered office:
Xero (UK) Limited
171 Midsummer Boulevard
Milton Keynes, MK9 1EB
Governing Law: England
Country: United States
Xero entity and registered office:
1615 Platte Street
Denver, CO 80202
Governing Law: State of Colorado, USA
Country: New Zealand
Xero entity and registered office: Xero (NZ) Limited
19-23 Taranaki Street
Te Aro, Wellington
New Zealand 6011
Governing Law: New Zealand
Schedule 1 - US Additional Terms
The following additional terms and conditions (US Schedule) apply to Giveaway Entrants located in the United States of America. If there is a conflict between this US Schedule and the T&Cs, this US Schedule will control. Capitalized but undefined terms in this US Schedule have the meanings given to them in the T&Cs.
The Giveaway is open from 9am, 14th September, 2023 EST until 9am, 29th September, 2023 EST (the Giveaway Period). Xero may, at its sole discretion, extend the Giveaway Period.
There are two methods of entry, both of which are online. An Eligible Entrant must complete one of the following steps during the Giveaway Period:
- Enter via survey. To enter, you must during the Giveaway Period, complete the Xero Payer Intercom Survey, and elect to be entered into the survey by providing your details at the completion of the survey.
- Enter via email. To enter, you must email firstname.lastname@example.org stating that you wish to be entered into the Giveaway (the effective time and date for an email entry in order to be eligible is the date and time of receipt of the email by Xero).
(the US Entry Criteria) after which you will be deemed to have registered as a participant in this Giveaway and accepted these Terms.
You agree that unless you are prohibited from law in doing so, you promise you will bring any and all disputes, claims and causes of action against the Released Parties, without resort to any form of class action. Each Entrant agrees to fully indemnify Released Parties from any and all claims by third parties relating to the Giveaway, without limitation.