Xero Beautiful Business Contest

Terms and Conditions

No purchase or payment of any kind is necessary to enter or win a prize in the Contest. A purchase or payment will not affect your chances of winning a prize. You have not yet won. The Contest is void where prohibited by applicable law, rule or regulation.

1. Data Protection

No purchase or payment of any kind is necessary to enter or win a prize in the Contest. A purchase or payment will not affect your chances of winning a prize. You have not yet won. The Contest is void where prohibited by applicable law, rule or regulation.  

1. This contest (Contest) is conducted by Xero Inc., with its registered office at 1615 Platte Street, Floor 4, Denver Colorado, 80202 (Xero, we, our or us). The Contest is open from 9am MST January 13, 2022, until 5pm MST February 15, 2022 (Contest Period). Xero may, at its sole discretion, extend the Contest Period. By entering the Contest, an entrant (Entrant, you or your) agrees to be bound by these terms and conditions (Terms).

 

Eligibility

2. To be eligible to enter the Contest (Eligible), an Entrant must be a legal resident of the fifty (50) United States and the District of Columbia, excluding residents of Puerto Rico and where prohibited by law prior to, and for the duration of, the Contest Period and you must be the age of majority in your state of residence. Each Entrant must also have a physical mailing address, a valid email address and access to the internet in order to enter the Contest. Eligibility for the Contest is subject to all applicable federal, state and local laws, rules and regulations (“Laws”). You are responsible for confirming if your participation in the Contest 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 Contest.

 

How to Enter 

3. There are two (2) ways to enter the Contest, both of which are online. An Eligible Entrant must operate as a sole trader or as part of a business with fewer than 50 full time employees and complete one of the following steps during the Entry Period, after which the Entrant will be deemed to have registered as a participant in this Contest:

    (a) Enter via Social Media. As part of this Contest design influencer Estee Stanley and Xero will each post an announcement of the Contest (Announcement) on Instagram (Social Media), and in response to one of these two posts you may:

        i. Share a photo or video on your Instagram feed of your office;

        ii. Describe your business and why your office needs a makeover;

        iii. Include the hashtag “#XeroBeautifulBusiness” ((i), (ii) and (iii) collectively referred to herein as Post);

        iv. Ensure the Post is set to “public”, such that it can be viewed by the public and Xero for the Contest Period; and

        v. comply with these Terms.

    (b) Enter via Email. To enter, you may email XeroBeautifulBusiness@xero.com (i) stating that you wish to be entered into the Contest; (ii) include a photo or video of your office; (iii) describe your business and why your office needs a makeover; and (iv) comply with these Terms (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).

Xero shall bear no legal liability, express or implied, in relation to any entry including, but not limited to, any Post that is not viewable by Xero.

4. There will be a limit of one entry per Entrant.

5. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram Inc. or any related entity of the same, and you agree to a complete release of these entities for any matter associated with this Contest.

6. Submissions for entry into the Contest received other than during the Contest Period, duplicate submissions, and any submissions that are incomplete, illegible, damaged, irregular, or that do not conform to, or satisfy, any condition of these Terms 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 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. For the purpose of the Contest, Xero may not communicate or correspond with Entrants except to notify Entrants that they are a potential Contest Winner.

7. If you opt to access the Contest 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. 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 Contest. Wireless mobile device service (phone and/or data) may not be available in all areas. Xero is not responsible for any charges or lack of functionality of wireless mobile devices. If you opt to access the Contest 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 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 Contest or to access any related online content.

8. All incidental costs and expenses incurred by Entrants in connection with the Contest that are not specifically referred to herein as part of the Prize description (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

9. There is one (1) Prize available to be won in the Contest. The prize consists of an office makeover, including: (a) a virtual 30-minute consultation with design influencer Estee Stanley, and (b) a budget of $15,000 to spend on the office makeover as chosen by the Winner, (a) and (b) having a collective retail value of $22,500 (Prize). 

The Prize is non-refundable, not redeemable for cash, cannot be replaced if lost or stolen and is not transferable, for sale, re-sale or auction and cannot be taken as cash. 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 eligible entries received during the Contest Period. Being a customer of Xero will not increase your chances of winning.

10. On or around February  25, 2022, Xero will randomly select ten (10) entries from all eligible Contest entries received by Xero (Finalist Entries). Xero will select one entry from the Finalist Entries and the Eligible Entrant to which such selected entry is attributable will be declared a winner (Winner). The Winner will be determined by five (5) Xero employees selected by Xero in its sole discretion (Judges).  For the purposes of determining the Winner, the Judges will evaluate each Post according to the following criteria: most compelling story, creativity of entry, and need (each criterion weighted equally). Being a customer of Xero will not increase your chances of winning. In the event of a tie among entries, the tied entries will be re-submitted to Xero’s Director, Communications for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the creativity criteria will win the tie. By entering the Contest, the Entrant agrees to abide by the Judges’ decisions, all of which shall be final.

11. The Winner will be notified by Xero by a direct/private message using the method of entry by which the entry is received by Xero. To receive a Prize, a Winner will be required to reply to Xero’s message, confirming the Winner's e-mail address, full physical mailing address, and phone number within seven (7) days from the date on which Xero first notifies them by email. If the Winner cannot be contacted or does not respond within seven (7) days of notification, the Winner may be disqualified and will forfeit their Prize, and an alternate Winner may, in Xero’s sole discretion, be selected from the remaining eligible entries. Receipt of a Prize is contingent upon the Winner’s full compliance with these Terms. If requested by Xero, the Prize Winner will be required to complete and return an affidavit of eligibility and/or a liability/publicity release within ten (10) days of such request. Winner agree that if they fail to provide proof of identity, refuse to provide the required affidavit (if any), refuse to complete and provide any requested tax forms (including, without limitation, an IRS W-9 form), if any, a liability/publicity release, if any, is found to have violated these Terms, or otherwise does not meet the eligibility criteria in these Terms, the Prize will be forfeited. The odds of winning depend on the number of eligible entries received.

12. Xero shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. 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 Contest must be truthful, complete, accurate and in no way misleading. Xero reserves the right, in its sole discretion, to disqualify any Entrant should Entrant provide Xero with any untruthful, incomplete, inaccurate or misleading personal details and/or information.

13. Before being confirmed as a Winner and being awarded a Prize, the potential winner will be required to sign and return a release form (Release Form) to be provided by Xero, 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 Terms; (ii) an acknowledgement of your acceptance of the Prize as offered; (iii) a release of the Released Parties (as defined below) from any and all liability in connection with the Contest, the potential Winner’s participation in the Contest 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 your name, address, voice, statements about the Contest, 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) 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. The potential Winner must also complete any and all additional 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 the potential Winner may forfeit the Prize 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, to select an alternate Winner in the event that any potential Winner fails to comply with the Terms. By accepting the Prize the Winner agrees that  they will participate in the office makeover in good faith and, if requested, will: (i) provide comments about the Contest and/or a photo or audio-visual clip of themselves; and (ii) participate in any promotional activity in connection with the Contest or the Prize.

14. Winner is responsible for payment of any and all applicable federal, state, 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 individual Winner’s responsibility to understand and abide by any Laws that may apply to acceptance and receipt of the Prize.

15. Xero’s decisions on all matters relating to this Contest (including but not limited to registration of Entrants and determination of the Winner, the awarding of the Prize and the operation of the Contest) will be final and no correspondence will be entered into regarding any of the foregoing.

 

Other Terms

16. By entering in the Contest,  you irrevocably consent to Xero and its affiliates using your name and likeness, place of residence, image, brand, business, statements, voice, Post and photographs for any publicity associated with the Contest without further payment or other compensation to you.

17. By entering in the Contest you agree to the Privacy Notice, which is incorporated herein by reference.  By entering in the Contest, you consent to the collection, use and disclosure of your personal information for the purposes of administering the Contest. Xero may publish or make available details of the Contest, 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 privacy@xero.com - note Xero may still be required to provide your details if required by any Law.

18. You agree that:

    (a) you are fully responsible for any materials you submit via the Contest, including any aspect of the entry (Content);

    (b) to the full extent permitted by law, Xero will not be liable for the Content; and

    (c) Xero may remove, decline to publish or invalidate any Content or entry without notice for any reason whatsoever.

19. You warrant and agree that:

(a) you will not submit any Content that:

    i. is unlawful or fraudulent; or

    ii. Xero deems is in breach or alleged breach of any intellectual property, privacy, publicity or other rights, or otherwise inappropriate;

(b) the Content must not contain viruses, worms, or other interfering computer programming or cause injury or harm to any person or entity;

(c) you will not tamper or attempt to tamper with the entry process or the operation of the Contest, including but not limited to, creating multiple Social Media accounts;

(d) you will obtain prior consent and agreement to the Terms from the owner of any intellectual property that subsists in the Content;

(e) the Content is your original artistic work that does not infringe any rights of any third party, including, but not limited to rights in copyright; 

(f) you will not act in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person;

(g) the Content must be in “good taste” and in keeping with Xero’s brand image and must not be explicit or offensive, as determined by Xero, in its sole and absolute discretion;

(h) the Content must not in Xero’s sole discretion contain any commercial content that promotes any product or service;

(i) the Content must not instigate others to commit illegal activities or violate human rights;

(j) you consent to any use of the Content which may otherwise infringe the Content creator’s moral rights and warrant that you have the full authority to grant these rights;

(k) 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

(l) 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 Terms or your participation in the Contest or your acceptance or use of a Prize. 

20. Any attempt by an Entrant or any other individual to undermine the legitimate operation of this Contest 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.

21. Neither Xero nor its subsidiaries or 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 Contest-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 Contest.

22. To the extent permitted by law, none 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 Contest, 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 Contest and/or your receipt, acceptance, possession or use or misuse of the Prize awarded in this Contest. 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 Contest; (b) unauthorized human intervention in the Contest; and (c) any other errors or problems in connection with the Contest, including, but not limited to, errors that may occur in the administration of the Contest. 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 Contest and without resort to any form of class action.

23. If Xero receives an insufficient number of qualifying entries or Xero is prevented from awarding the Prize, or continuing with the Contest 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 Contest. If the Contest 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.

24. Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Contest if any fraud or any other factor impairs the integrity or proper functioning of the Contest, for any other reason whatsoever without liability. In the event of termination of the Contest, Xero may award the Prize from among the eligible entries received up to the time of the suspension or termination, whichever date occurred first.

25. 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.

26. The Contest is governed by the laws of California 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 State of California have exclusive jurisdiction over any disputes relating to the Contest.

27. This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized and/or used to announce the Winner. Any questions or comments regarding a Contest must be directed to Xero and not to any social media platforms.

28. Copies of the Terms are available on Xero’s website (www.xero.com). If you have any questions regarding the Contest, or if you would like confirmation of the Contest Winner once they are named, please contact Xero at: XeroBeautifulBusiness@xero.com. Xero may publish the Winner’s name, business and address on our website and any social media platforms.