OFFICIAL RULES

XERO DRAWING – SMALL BUSINESS SURVEY

 

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

 

By participating in the Small Business Survey Drawing (the “Drawing”) you agree, for yourself and on behalf of Xero, Inc.’s decisions (the “Official Rules”).  The Drawing entry period is from June 13, 2019 at 4:00 A.M. Pacific Time (“PT”) to September 13, 2019 at 12:00 p.m. PT (the “Drawing Entry Period”). Xero, Inc., located at 101 Green Street, 5th Floor, San Francisco, CA 94111 (“Xero”), is the Drawing Sponsor.

 

  1. ELIGIBILITY:  The Drawing is open only to small business providers Xero has emailed the small business survey to (“Survey”), who are legal residents of the fifty (50) United States and the District of Columbia, excluding residents of Puerto Rico and where prohibited by law, who are 18 years of age or older as of June 13, 2019. Employees of Xero, its affiliate companies and their immediate family (spouse, parents, siblings and children) members are not eligible to enter.

 

  1. HOW TO ENTER:  Upon receiving the email to requesting your response to the Survey, enter in all required information and submit the Survey within the Drawing Entry Period.  Limit one (1) entry per natural person with the authority to represent the small business submitting Survey.

 

  1. DETERMINATION OF WINNERS:  One (1) Prize winner will be selected in a random drawing from all eligible entries within 30 days after the Drawing Entry Period.

 

  1. PRIZE:  The prize is an USD $250.00 Amazon e-gift card (the “Prize”).  The Prize will be emailed to the Winner at the email address provided in the Survey submission. 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. 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 the Winner to receive the Prize. Entrant agrees that they fail to provide proof of identity, refuse to provide required affidavit, refuse to complete and provide any requested tax forms (including IRS W-9 form), or is found to have violated these Official Rules or otherwise does not meet eligibility criteria, the Prize will be forfeited. The odds of winning depend on the number of eligible entries received.  Winner will be emailed within 30 days with instructions on how to claim the Prize. Only one attempt to contact the Winner will be made. The Winner must respond as directed within 10 days of our email notification; failure to respond within that timeframe will result in forfeiture of the Prize. In such case, Xero may, but is not obligated to, select an alternate winner.

 

  1. PUBLICITY: Except where prohibited, by accepting a Prize, the Prize recipients agree that Xero 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 and service marks in any and all media, worldwide, for the purpose of advertising and promoting Xero and its products and services, the Drawing, or any other promotion or contest sponsored by Xero.

 

  1. 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. 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.

 

  1. 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 DRAWING, OR AWARDING OF THE PRIZES SHALL BE LIMITED TO OUT OF POCKET COSTS UP TO TEN DOLLARS ($10).  UNDER NO CIRCUMSTANCES WILL XERO 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, 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.

  2. NO AFFILIATION WITH AMAZON. YOU UNDERSTAND AND AGREE THAT: (I) THE PRIZE IS PROVIDED SOLELY BY XERO AND THAT THE DRAWING IS NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH AMAZON; AND (II) TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, YOU WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OF ANY KIND AGAINST AMAZON ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS DRAWING, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, DAMAGES MULTIPLIERS, AND ANY OTHER DAMAGES.

Amazon® and all related logos are trademarks of Amazon.com, Inc. or its affiliates. 

 

  1. REPRESENTATIONS AND WARRANTIES OF ENTRANT/INDEMNIFICATION. Entrant represents and warrants that they have the authority to bind any entity on whose behalf they enter to these Official Rules. You hereby 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.

 

  1. ADDITIONAL DISCLAIMERS AND LIMITATIONS ON LIABILITY.  By entering the Drawing, you acknowledge and agree that Xero, its related companies, 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.

 

  1. PRIVACY. By entering the Drawing, you agree to: (i) our use of your personal information and any data collecting subject to the terms of Xero’s Privacy Notice; and (ii) receive email marketing from or on Xero’s behalf (you may subsequently opt-out by following the opt-out instructions in the email).

 

  1. 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.

 

  1. 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.