Legal

OFFICIAL RULES

XERO + SQUARE – MAKEOVER MY BUSINESS


NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.


Your participation in the Xero + Square Makeover My Business sweepstakes (the “Sweepstakes”) designates your full and unconditional agreement to and acceptance of these rules and the decisions of Xero, Inc. (the “Official Rules”) on behalf of yourself and each business or entity on whose behalf you are entering this Drawing.  The Sweepstakes begins at 12:01 a.m. PST on January 9, 2017 and ends at 11:59 p.m. PST on February 9, 2017. The Sweepstakes is sponsored by Xero, Inc., located at 101 Green Street, 5th Floor, San Francisco, CA 94111 (“Xero”).

 

  1. ELIGIBILITY:  The Sweepstakes is open only to legal U.S. residents who own a business or businesses that have their principal place of business in one of the following Marketing Regions:  San Francisco County, San Mateo County, Santa Clara County, California (collectively, the “California Marketing Region”); Travis County, Texas; and Denver County, Colorado (together with the California Marketing Region and Travis County, Texas, each a “Marketing Region”); and who are 18 years of age or older as of January 9, 2017. Each entrant’s eligible business must have its principal place of business in one of the Marketing Regions at the time of entry in order to qualify for a prize.  Employees of Xero, its affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of such employees are not eligible to enter.  

  2. AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decision of Xero, which are final and binding. Being chosen as the Prize winner in the Sweepstakes is contingent upon fulfilling in a timely manner all requirements set forth herein.

  3. HOW TO ENTER:  Beginning on January 9, 2017, you may enter the Sweepstakes via the internet by going to www.xero.com/businessmakeover and signing up for a free 30-day Xero trial subscription.  You will be required to register and to provide some or all of the following information:  your name, address, city, state, zip code, telephone number, age, email address, location of your business and your business vertical. Entrant must be the registered subscriber of the Xero trial subscription and email account by which the entry is made.  No purchase necessary.  Limit one entry per person and per email address.  All entries must be received by 11:59 p.m. PST of the last day of the Sweepstakes, i.e. February 9, 2017. Illegible, incomplete and duplicate entries will be disqualified.  Normal connection and usage rates, if any, charged by your Internet Service Provider will apply.

  4. DETERMINATION OF WINNERS:  On or around March 15, 2017, one (1) Prize winner will be selected in each of the three (3) Marketing Regions in a random drawing from all eligible entries received for each such Marketing Region.  Announcement and instructions for the Prize will be sent to the email address of the “Subscriber” listed in the potential Prize winner’s Xero trial subscription account. The random selection process and all decisions of Xero will be final and binding on all matters relating to this Sweepstakes.

  5. PRIZE:  The Prize for each Prize winner is described in Exhibit A.  Travel to any events associated with the Prize and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize winner.  The Prize may not be assigned, transferred, or changed, except at the sole discretion of Xero. The awarding of the Prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by the Official Rules and agree that if the Prize recipient fails to provide proof of identity, refuses to provide required affidavits and waivers (including but not limited to an acknowledgement that Xero is not liable for any claims or damages that may arise from or be related to the Prize or the provision of any third party professional services), refuses to complete and provide any requested tax forms (including IRS W-9 form), is found to have violated these Official Rules or otherwise does not meet eligibility criteria, the Prize will be forfeited. The value of the Prize will be taxable to the Prize winner as income and taxes on the Prize are sole responsibility of Prize recipients. Prize recipients will be issued 1099 tax forms.

  6. ODDS OF WINNING:  Odds of winning a Prize depend on the total number of eligible entries received for the Sweepstakes and are equal regardless of method of entry.

  7. OFFICIAL RULES; LIST OF WINNERS.   For a copy of these Official Rules or the names of the winners, send a self-addressed, stamped envelope to: Xero, Inc. 101 Green Street, 5th Floor, San Francisco, CA 94111. Please allow 30-60 days for processing and delivery.

  8. PUBLICITY: Except where prohibited, by accepting a Prize, the Prize recipients agree that Xero, Square, Inc., and the Xero certified advisor providing the Entrant the services described in Exhibit A may, without any limitation or further compensation or notice, use your (and any business(es) on whose behalf you are entering this Drawing) name, voice and/or likeness, trademarks, logos and service marks in any and all media, worldwide, for the purpose of advertising and promoting Xero, Square, Inc., such Xero advisor and their respective products and services, the Drawing, or any other promotion or contest sponsored by Xero or Square, Inc.

  9. DISPUTE RESOLUTION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL. By participating, you agree with us that all issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, 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 without giving effect to any principles of conflicts of law of any jurisdiction. You agree that any action at law or in equity arising out of or relating to this Drawing, or awarding of the prizes, shall be filed only in the state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

  10. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE WITH XERO THAT YOU AND XERO ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE WITH XERO TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE WITH XERO THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

  11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XERO AND SQUARE, INC. EACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS DRAWING, OR AWARDING OF THE PRIZES SHALL BE LIMITED TO OUT OF POCKET COSTS UP TO TEN DOLLARS ($10).  UNDER NO CIRCUMSTANCES WILL XERO OR SQUARE, INC. BE LIABLE FOR, AND YOU WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS DRAWING, USE OF THE PRIZE, OR THE AWARDING OF THE DRAWING 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 CONSTITUTING DIRECT DAMAGES UP TO $10.

    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.

  12. REPRESENTATIONS AND WARRANTIES OF ENTRANT/INDEMNIFICATION. Each person who enters this Drawing represents and warrants to Xero that you have the authority to bind any entity on whose behalf the entrant is entering this agreement. You hereby agree 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 your warranties, representations or agreements hereunder, and your acceptance of the Prize.

  13. FURTHER DOCUMENTATION: The Prize winner may be required to complete and return an affidavit of eligibility, liability/publicity release, and/or trademark usage agreement within ten (10) days of being notified of being selected as a Prize winner to be eligible to receive the Prize.  

  14. ADDITIONAL DISCLAIMERS AND LIMITATIONS ON LIABILITY.  By entering the Drawing, you acknowledge and agree that Xero, Square, Inc., their respective related companies and affiliates, and each of their 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 entrant’s ability to participate in the Drawing; or (ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Drawing and/or the use of the 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 entrant’s rights of publicity or privacy, or the entrant’s claim that such entrant has somehow been defamed or portrayed in a false light. Xero assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing Xero’s websites, using Xero’s products and/or services, participating in the Drawing, use of the Prize, 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 Drawing is subject to all U.S. federal, state and local laws and regulations. Void where prohibited.

  15. XERO’S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event Xero is prevented from continuing with the Drawing by any event beyond its reasonable control, then Xero shall have the right in its sole discretion to modify, suspend, or terminate the Drawing.

  16. 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 Drawing, to be acting in violation of these Official Rules, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. Xero’s failure to enforce any term of these official rules shall not constitute a waiver of that or of any other provision.  

 

Exhibit A

Prize Description

 

Each Prize winner will receive:

A. A three (3) month financial services bootcamp provided on a pro-bono basis by a Xero certified advisor, described in more detail below (details subject to change at discretion of Xero or such Xero advisor).  Prize winner must enter into an engagement letter with the Xero advisor, should Prize winner choose to accept this prize.

        a. Month One: Financial Diagnostic (approximately 3-5 hours of consultation)
            i. Review accounting file, provide recommendations to optimize file (chart of accounts changes, depreciation/amortization                  schedules, cash v accrual, etc.)
           
        b. Month Two: KPI Identification (approximately 3-5 hours of consultation)
            i. Understand client goals, determine what performance indicators are key performance indicators which align with client                    growth goals, provide guidance on how to calculate and track KPIs 

        c. Month Three: KPI Coaching (approximately 3-5 hours of consultation)
            i. Show changes to KPI performance after 1 month of activity, interpret results, provide recommendations/refinements to business. 

B. One (1) Square Contactless & Chip Reader, one (1) Square Stand (iPad not included). Approximate retail value is $218.00 USD.

C. A feature in the “Makeover My Business” story series on various platforms, such as   the Xero Blog, Xero social channels, Square social channels, and the social channel of the Xero advisor providing the Prize in Section (A) in this Exhibit A (where “social channel” includes, but is not limited to Twitter, Facebook, YouTube, LinkedIn and Instagram).

D. One (1) iPad Air 2.  Approximate retail value is $399.00 USD.