Xero Activation Drawing
Terms and conditions
No purchase or payment of any kind is necessary to enter the Drawing or to win a prize. A purchase or payment will not affect your chances of winning a prize. Correctly answered mathematical skill-testing question required. The Drawing is void where prohibited by applicable law, rule or regulation.
1. This drawing (Drawing) is being conducted by Xero Software (Canada) Ltd., with its registered office at 595 Burrard Street, PO Box 49314, Suite 2600, Three Bentall Centre, Vancouver, British Columbia, V7X 1L3 (Xero, we, our or us), and is open from November 1, 2022 until 11:59pm PST January 31, 2023 (Drawing Period). Xero may, in its sole discretion, extend the Drawing Period. By entering the Drawing, an entrant (Entrant, you or your) agrees to be bound by these Official Rules (Rules). For clarity, when we say “Entrant,” “you” or “your,” we mean the company participating in the Drawing.
2. To be eligible to enter the Drawing (Eligible), Entrants must have a physical mailing address in Canada (excluding Quebec), a valid email address and access to the internet in order to enter the Drawing. Eligibility for the Drawing is subject to all applicable federal, provincial and local laws, rules and regulations (Laws). You are solely responsible for confirming if your participation in the Drawing or acceptance of the Prize violates any Laws or contract between you and any third party. Employees of Xero or any of its affiliates, and their immediate family members, are not eligible to enter or participate in the Drawing.
How to Enter
3. There are two (2) ways to enter the Drawing, both of which are online. An Eligible Entrant must be enrolled in the Xero Partner Program throughout the Drawing Period and complete one the following steps during the Entry Period:
a) Subscriber Entry via Xero. If an Eligible Entrant activates at least twenty-five (25) qualifying Canadian business subscriptions to our services (a Xero Subscription) during the Drawing Period, as tallied by Xero in its sole discretion, an employee of your company will be sent an email inviting them to enter the Drawing. If the employee agrees to to enter the Drawing, in the manner set out in the email, then the employee’s company will receive one (1) entry into the Drawing. For each subsequent twenty-five (25) activations, the Eligible Entrant will receive another entry into the Drawing, up to three (3) entries. For clarity, Xero’s systems shall be the sole and definitive system of record for tallying activations. By agreeing to such an email, the employee represents and warrants that they have the authority to bind the company to these Rules; or
b) Enter via Email. To enter, you may email firstname.lastname@example.org stating that you wish to be entered into the Drawing (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).
For purposes of these Terms, activation means when a client of yours is assigned to a Xero Subscription and the data entered into that Xero Subscription is unique to that Xero Subscription.
4. For clarity, each Entrant can have a maximum of three (3) entries over the course of the Drawing Period.
5. Submissions for entry into the Drawing received other than during the Drawing Period, duplicate submissions, and any submissions that are incomplete, illegible, damaged, irregular, or that do not conform to, or satisfy, any condition of these Rules will be void. Additionally, any submissions received by automated means, as a result of an unauthorized automated process, or means that subvert the entry processes described in these Rules will be void. Xero will determine in its sole discretion, what constitutes a valid entry. Proof of submission of an entry request 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. For the purpose of the Drawing, Xero may not communicate or correspond with Entrants except to notify Entrants that they are a potential Drawing Winner.
6. If accessing the Drawing via a 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. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile phone bill, or be deducted from your prepaid account balance. Wireless carrier rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Drawing. Wireless mobile device service (phone and/or data) may not be available in all areas. Consult your wireless carrier for additional information. Xero is not responsible for any charges or lack of functionality of wireless mobile devices. If accessing the Drawing via a third-party’s wireless mobile device, you represent and warrant that you have permission from the device owner (and associated wireless account subscriber if different than the device owner) to do so and that you have advised such person(s) of the provisions of this Section 6, which apply to them as a result of your use of their wireless mobile device. Xero expressly disclaims any and all liability related to your use of a third-party’s wireless mobile device (or other device) to access or participate in the Drawing or to access any related online content.
7. All incidental costs and expenses incurred by Entrants in connection with the Drawing that are not specifically referred to herein as part of the Prize description (the Expenses) are the sole responsibility of the Entrants. Entrants may not seek reimbursement for any Expenses from Xero, and Xero has no obligation to reimburse any Entrant for any Expenses.
The Prize and Timing
8. There is one (1) prize available to be won in the Drawing. The Prize consists of Visa gift cards cumulatively totalling $1,500 CAD, with the denomination of each individual card to be determined by Xero (Prize). Visa is not a sponsor or administrator of the Drawing and the Drawing is in no way endorsed by or connected to Visa. Visa gift cards are subject to issuer terms and conditions. Additional terms and conditions may apply. The Prize is non-refundable, not replaceable if lost or stolen and is not transferable. Xero gives no warranties, representations or advice regarding the Prize. The Prize 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 equal 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 eligible entries received during the Drawing Period.
9. On or around January 31, 2023, Xero will randomly select one entry from all eligible Drawing entries received by Xero and the Eligible Entrant to which such selected entry is attributable will be declared a winner (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 to receive the Prize, the winner will be required to reply to Xero via email, confirming their email address, full mailing address and phone number within seven (7) days of notification. If the Winner cannot be contacted, or does not respond within seven (7) days from the date on which Xero first notifies them by email, the Winner may be disqualified and will forfeit their Prize, and an alternate Winner may, in Xero’s sole discretion, be randomly selected from the remaining eligible entries.
10. Xero shall have the right at any time to require proof of eligibility to participate in the Drawing. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Xero for the purpose of the Drawing must be truthful, complete, accurate and in no way misleading. Xero reserves the right, in its sole discretion, to disqualify any Entrant if Entrant provides Xero with any untruthful, incomplete, inaccurate or misleading personal details and/or information.
11. Before being confirmed as a Winner and being awarded the Prize, the potential Winners will be required to: (a) correctly answer, without assistance of any kind whatsoever (whether mechanical or otherwise), a mathematical skill-testing question in no more than five (5) minutes, and (b) sign and return a release or similar document in the form provided by Xero (Release Form), in order to be eligible to win the Prize (collectively, the Prize Claim Steps). Among other things, the Release Form will include: (i) confirmation of your compliance with these Rules; (ii) an acknowledgement of your acceptance of the Prize as offered; (iii) a release the Released Parties (as defined in Section 19) from any and all liability in connection with the Drawing, the potential Winner’s participation in the Drawing and the potential Winner’s acceptance, use or misuse of the Prize; and (iv) your consent to the publication, reproduction and/or other use of their your name, address, or statements about the Drawing, photographs and/or other likeness in any publicity or advertising carried out by or on behalf of Xero or any of its affiliates. If the potential Winner doesn’t complete the Prize Claim Steps within ten (10) business days of Prize notification, the Winner may be disqualified and will forfeit their Prize, and an alternate Winner may be selected by Xero in its sole discretion. Once eligibility has been verified and Xero receives the Winner’s requested information, Xero will arrange to award the Prize. 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 timeframe specified, or Winner may forfeit its Prize at Xero’s sole discretion. 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, in its sole discretion, to select an alternate Winner in the event that any potential Winner fails to comply with these Rules.
12. Winner is responsible for payment of any and all applicable federal, provincial, territorial, local or foreign taxes (and the reporting thereof), if any, and for payment of all other unspecified expenses, fees, charges, or duties associated with acceptance or use of the Prize. It is the Winner’s responsibility to understand and abide by any Laws that may apply to acceptance and receipt of the Prize.
13. Xero’s decisions on all matters relating to this Drawing (including but not limited to entry in the Drawing and determination of the Winner, the awarding of the Prize and the operation of the Drawing) will be final and no correspondence will be entered into regarding any of the foregoing.
14. By entering in the Drawing, you irrevocably consent to Xero and its affiliates using your name , address, image, brand, business, statements, and photographs for any publicity associated with the Drawing without further payment or other compensation to you.
15. By entering in the Drawing you agree to Privacy Notice, which is incorporated herein by reference. By entering in the Drawing, you consent to the collection, use and disclosure of your information for the purposes of Xero’s administration of the Drawing. Xero may publish or make available details of the Drawing, including the name and region of the Winner. You may object to your details being published or made available, or reduce the amount of information published or made available, by emailing email@example.com - note Xero may still be required to provide your details if required by law.
16. You warrant and agree that: (a) you will not tamper or attempt to tamper with the entry process or the operation of the Drawing; (b) you will comply with all Laws , including, but not limited to, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computers or communication systems; and (c) you will indemnify, defend and hold harmless Xero and its Affiliates, and its and their Representatives (as defined below), and all other Released Parties (as defined below), for any claims, suits, liabilities and damages arising from or in connection with a breach of these Rules or your participation in the Drawing or your acceptance or use of a Prize.
17. Any attempt by an Entrant or any other individual to undermine the legitimate operation of this Drawing may be a violation of criminal and/or civil laws. Should any such attempt be made, Xero reserves the right to seek remedies and damages to the fullest extent permitted by law.
18. Neither Xero nor its affiliates, nor any of their respective Representatives are responsible for: (a) theft, alteration, destruction or unauthorized access to entries; (b) problems downloading or uploading any Drawing-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 (including, but not limited to, hardware, software, SaaS or other platforms), servers, or service or other providers, phone lines, the public internet; (d) failure of any electronic mail entry to be received by Xero on account of technical problems, traffic, congestion on the internet or any website or platform, or any other technical problems related to website or platform entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications; or (e) any other occurrence beyond Xero’s reasonable control, in each case, which may limit your ability to participate in this Drawing.
19. To the extent permitted by law, each of Xero and its affiliates and their respective directors, officers, shareholders, employees, representatives, agents, successors and assigns (together, the Representatives, and together with Xero and its affiliates, the Released Parties) shall not be liable in any way (including, but not limited to, in negligence), for any loss or damage whatsoever suffered (including, but not limited to, direct, indirect, punitive, or consequential loss or damages, or the right to have damages otherwise multiplied or increased) or for any loss or damage or personal injury suffered or sustained in connection with the Drawing, or acceptance, possession, or use or misuse of the Prize. You hereby release the Released Parties from any claims or damages whatsoever arising out of or related to your participation and/or entry in the Drawing and/or your receipt, acceptance, possession or use or misuse of the Prize awarded in this Drawing. Without limiting 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 Drawing; (b) unauthorized human intervention in the Drawing; and (c) any other errors or problems in connection with the Drawing, including, but not limited to, errors that may occur in the administration of the Drawing. You also agree that unless you are prohibited by any Laws from doing so, you must bring any and all disputes, claims and causes of action against the Released Parties, within twelve (12) months following the end of the Drawing and without resort to any form of class action.
20. If Xero receives an insufficient number of qualifying entries or Xero is prevented from awarding the Prize, or continuing with the Drawing as contemplated herein by any event beyond its reasonable control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite, technical or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any Laws, public health crisis (e.g. Covid19), order, tribunal or governmental authority, then Xero shall have the right to modify, suspend, or terminate the Drawing. If the Drawing is terminated before the designated end date, Xero will (if possible) award the Prize from among the eligible entries received as of the date of the event giving rise to the termination.
21. Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Drawing if any fraud or any other factor impairs the integrity or proper functioning of the Drawing, for any other reason whatsoever without liability. In the event of termination of the Drawing, Xero may award the Prize from among the eligible entries received up to the time of the suspension or termination, whichever date occurred first.
22. If there’s any part or provision of these Rules that is declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of these Rules shall remain in full force and effect.
23. The Drawing is governed by the laws of the Province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws, and the courts of the Province of Ontario shall have exclusive jurisdiction over any disputes relating to the Drawing. By entering the Drawing, you submit to the personal jurisdiction of such courts and waive any right to challenge such jurisdiction.
24. This Drawing is in no way sponsored, endorsed or administered by any social media platforms on which the Drawing may have been promoted and/or publicized and/or used to announce the Winner. Any questions or comments regarding a Drawing must be directed to Xero and not to any social media platforms.
25. If you have any questions regarding the Drawing, or if you would like confirmation of the Drawing Winner once they are named, please contact Xero at: firstname.lastname@example.org. Xero may publish the Winner's names, business and address on our website and any social media platforms.