The Applicant’s Application designates his or her full and unconditional agreement to and acceptance of these rules and the decisions of XERO LIMITED (“XERO”). The XERO [*] Scholarship Program (the “Scholarship Program”) begins at September 1st 2015 and ends at 12 midnight PST on March 31th, 2016 (the “Deadline”). No entries received after the Deadline will be considered. The Scholarship is sponsored by XERO.
The Scholarship Program is open only to those legal residents of the fifty (50) United States and the District of Columbia of any nationality who are thirteen (13) years of age or older at the time of application and who are currently enrolled (or enroll no later than the fall of 2015) in an accredited post-secondary institution of higher learning (eg college or university) majoring in accounting, finance or economics.
Current employees, officers, directors and agents of XERO and its related companies and members of their immediate families (defined as spouse, parents, siblings and children) and persons residing at the same address are not eligible to win. Void where prohibited.
2. HOW TO ENTER
To enter, submit a complete scholarship Application online at XERO’s Website (www.xero.com/us/scholarship/) no later than the Deadline. Limit one (1) Application per person.
Application must include: name and contact information, background details, academic details, proof of full-time enrolment at an accredited university or business school in the US, proof of residential status, one (1) letter of recommendation and a short original, previously unpublished written response to the scholarship topic (the “Chosen Essay Topic”). Your written response must be written in English, with correct spelling and grammar, and it must contain 500–700 words.
No substitutions of new drafts or corrected pages will be accepted once you have submitted your original Application. Written responses that are obscene, pornographic, libelous, or use in an unauthorized way or closely imitate language and thoughts of another author and the representation of them as one's own work, or otherwise objectionable will be disqualified.
All Applications become the property of XERO and will not be returned. XERO assumes no responsibility for lost, late, misdirected, or unintelligible entries. By submitting an Application, you fully and unconditionally accept and agree to these Official Rules and the decisions of XERO, which are final and binding.
3. SELECTION OF POTENTIAL WINNERS:
XERO is looking for eligible Applicants who follow directions and submit Applications that are well-written and clearly and creatively address the topic. Following the Deadline a panel of one (1) to three (3) judges will choose a potential winner based on the criteria of:
● GPA (20%)
● Letter of recommendation (20%)
● Essay submission (60%).
XERO will select at least one (1) of the submitted Applications as the potential prize winning application (the “Prize Winning Application”).
In the event of a tie, the potential winner (the “Scholarship Prize Recipient”) will be the Applicant with the higher score for overall excellence. The potential winner will be notified by e-mail or mail, at which time he/she will be required to sign further documentation as explained below.
XERO shall have no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason. XERO reserves the right to choose no Scholarship Prize Recipient if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications.
All or Portions of all Applications (including the Prize Winning Application) may be posted on XERO’s Website, or used in other marketing materials, without further compensation or notice to the relevant Applicant.
The Scholarship Prize will be in the form of a $5,000 check (the “Scholarship Prize”) made payable to the accredited post-secondary institution of higher education attended by the Scholarship Prize Recipient (once the Scholarship Prize Recipient has enrolled in an accredited post-secondary institution of higher education and submitted proof of enrollment to XERO). Scholarship Prize Recipient must submit proof of enrollment.
Scholarship Prize may not be assigned, transferred, or changed, except at the sole discretion of XERO. No cash equivalent prize will be awarded.
The awarding of any Scholarship Prize is contingent upon full compliance with these Terms and Conditions. Applicants agree to be bound by these Terms and Conditions and agree that if any Scholarship Prize Recipient fails to provide proof of identity, refuses to provide required affidavit, refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated these Terms and Conditions or otherwise does not meet eligibility criteria, Scholarship Prize will be forfeited and the Applicant who submitted the Application with the next highest score will become an alternate potential Scholarship Prize Recipient.
Applicants understand that XERO is not liable for injuries, losses or damages of any kind arising from participation in this scholarship program and acceptance, possession and use of scholarship prize. XERO is not responsible for any typographical or other error in the printing of the offer, administration of the Scholarship Program or in the announcement of the Scholarship Prize. Taxes on prizes are sole responsibility of Scholarship Prize Recipients. Scholarship Prize Recipients will be issued 1099 tax forms.
By submitting an Application, you acknowledge that XERO and its related companies may also call and/or send you information it thinks may be of interest to you.
Except where prohibited, by accepting a Scholarship Prize, the Scholarship Prize Recipients agree that XERO may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness, and Prize Winning Application in any and all media, worldwide, for the purpose of advertising and promoting the Website, XERO, the Scholarship Program, or any other promotion, contest or sweepstakes sponsored by XERO.
By submitting an Application, you acknowledge and agree that: (a) XERO will own your Application, including your written response submission, and (b) as between you and XERO, XERO will own all publishing rights in and to the Application and the written response submission.
Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to XERO, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Application and the written response submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the “Rights”).
XERO shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Application and written response submission(s) for any purpose which XERO deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights they may have in the Application and written response submission(s) submitted by him or her. Each Applicant hereby acknowledges that such Applicant does not reserve any rights in and to the Application and the written response submissions.
8. DISPUTE RESOLUTION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL:
Except where prohibited, by participating, Applicant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participants and XERO and their agents shall be governed by and construed exclusively in accordance with the laws of California [NOTE, HOWEVER, THAT CA MAY NOT ENFORCE CLASS ACTION WAIVERS] without giving effect to any principles of conflicts of law of any jurisdiction. Applicant agrees that any action at law or in equity arising out of or relating to this Scholarship Program, or awarding of the prizes, shall be filed only in the state or federal courts located in California and Applicant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
Except where prohibited, by participating in this Scholarship Program, Applicant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Scholarship Program, or awarding of the Scholarship Prizes, shall be resolved individually, without resort to any form of class action, and Applicant agrees to waive any right to a jury trial
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any and all claims, judgments and awards arising out of or IN ANY WAY connected with this Scholarship Program, or awarding of the Scholarship Prizes shall be limited to actual out-of-pocket costs incurred in participating in this Scholarship Program up to maximum of $100. Under no circumstances will XERO be liable for, and Applicant waives any and all rights to claim damages of any kind arising out of or IN ANY WAY connected with this Scholarship Program, or the awarding of the Scholarship Prizes including but not limited to direct, indirect, punitive, incidental, consequential, special or exemplary damages, damages multipliers, and any other damages, except for actual out-of-pocket expenses up to $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. REPRESENTATIONS AND WARRANTIES OF APPLICANT/INDEMNIFICATION:
Each person who enters this Scholarship Program represents and warrants to XERO as follows:
(i) the Application, including the written response submission is the Applicant’s own original, previously unpublished, and previously unproduced work;
(ii) the written response submission is wholly original with Applicant and as of the date of submission, is not the subject of any actual or threatened litigation or claim;
(iii) the written response submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity;
(iv) the written response submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above.
Each Applicant hereby agrees to indemnify and hold XERO harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Applicant hereunder.
11. FURTHER DOCUMENTATION
Except where prohibited, potential Scholarship Prize Recipients (or their parents or legal guardians if they are minors at the time of application) may be required to complete and return an Affidavit of Eligibility, Publicity/Liability Release, and/or Copyright Assignment within ten (10) days of notification or the Applicant with the Application with the next highest score will become an alternate potential Scholarship Prize Recipient. If notification to a potential Scholarship Prize Recipient is returned as undeliverable, the Applicant with the Application with the next highest score may become an alternate potential Scholarship Prize Recipient.
12. NO OBLIGATION TO USE XERO shall have no obligation (express or implied) to use any Prize Winning Application, or to otherwise exploit a Prize Winning Application or continue the development, production, distribution or exploitation thereof, and XERO may at any time abandon the use of the Prize Winning Application for any reason, with or without legal justification or excuse, and the Scholarship Prize Recipients shall not be entitled to any damages or other relief by reason thereof.
13. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY:
By entering the Scholarship Program, each Applicant acknowledges and agrees that XERO, its related companies, affiliates, and each such company’s respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
(i) incomplete, lost, late, misdirected or illegible entries or for failure to receive Applications due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an Applicant’s ability to participate in the Scholarship Program; or
(ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Scholarship Program and/or the use of any prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Applicant’s rights of publicity or privacy, or the Applicant’s claim that he or she has somehow been defamed or portrayed in a false light.
XERO assumes no responsibility for any damage to an Applicant’s computer system which is occasioned by accessing the Website or participating in the Scholarship Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This scholarship program is subject to all U. S. federal, state and local laws and regulations. Void where prohibited.
14. XERO’S RIGHT TO MODIFY, SUSPEND OR TERMINATE:
In the event XERO is prevented from continuing with the Scholarship Program by any event beyond its reasonable control, then XERO shall have the right in its sole discretion to modify, suspend, or terminate the Scholarship Program.
15. GENERAL PROVISIONS:
XERO reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the application process or the operation of the Scholarship Program or the Website, to be acting in violation of these Terms and Conditions, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner.
In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
If an Application is confirmed by XERO to have been erroneously deleted, lost or destroyed, the entrant’s sole remedy shall be another Application, if time permits. XERO’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or of any other provision.