OFFICIAL RULES

XERO – TAX TIME SURVEY SWEEPSTAKES

 

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

 

Your participation in the Xero Tax Time Survey 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 the Sweepstakes.  The Sweepstakes begins at 12:01 a.m. PST on January 18, 2017 and ends at 11:59 p.m. PST on January 31, 2017 (the “Sweepstakes Period”). 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 residents of the fifty (50) United States, the District of Columbia or Canada who are 18 years of age or older as of the date of entry. 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.  Void outside of the fifty (50) United States, the District of Columbia, Canada and where prohibited, taxed or restricted by law.

  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:  There are two ways to enter.  (1) To enter via the survey method, an entrant must complete the Sweepstakes entry form (a link to which will be provided to potential entrants via an email with reference to “tax time survey”) in its entirety during the Sweepstakes Period. You will be required to provide some or all of the following information:  your name, city, state, zip code, age, email address and business entity owned by or associated with entrant.  All entries must be received by 11:59 p.m. PST of the last day of the Sweepstakes Period. Normal connection and usage rates, if any, charged by your Internet Service Provider will apply. (2) To enter by write-in, on a postcard or card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly handwrite your complete name, mailing address, phone number and date of birth and mail with proper postage to Xero, Inc. Tax Time Survey Sweepstakes, 101 Green Street, 5th Floor, San Francisco, CA 94111. All write-in entries must be postmarked by January 31, 2017 and received by February 7, 2017. There is a limit of one (1) write-in entry per envelope/postcard.  Multiple entries submitted or completed by anyone other than the Entrant are void.  Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.   Illegible, incomplete and duplicate entries will be disqualified.  No purchase necessary.  Limit one entry per person. 

  4. DETERMINATION OF WINNERS:  On or around February 15, 2017, one (1) potential Prize winner will be selected in a random drawing from all eligible entries received by Xero.  Announcement and instructions for the Prize will be sent to the email address of the Prize winner on file with Xero. The random selection process and all decisions of Xero will be final and binding on all matters relating to this Sweepstakes.

  5. PRIZE:  One grand prize consisting of a Mastercard gift card in the amount of five hundred dollars ($500) (the “Prize”). Total ARV of the Prize is $500.  Travel to any events associated with the Prize, if any, 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 recipient agrees that Xero may, without any limitation or further compensation or notice, use your (and any business(es) on whose behalf you are entering the Sweepstakes) name, voice and/or likeness, trademarks, logos and service marks in any and all media, worldwide, for the purpose of advertising and promoting Xero and its products and services, the Sweepstakes, or any other promotion or contest sponsored by Xero.

  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 the Sweepstakes, 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 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 SWEEPSTAKES, 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 THE SWEEPSTAKES, USE OF THE PRIZE, OR THE AWARDING OF THE PRIZE 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 the Sweepstakes 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 Sweepstakes, you acknowledge and agree that Xero and its 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 Sweepstakes; or (ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Sweepstakes 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes by any event beyond its reasonable control, then Xero shall have the right in its sole discretion to modify, suspend, or terminate the Sweepstakes.

  16. USE OF DATA:  Xero will be collecting personal data about Entrant’s online or otherwise, in accordance with Xero’s privacy policy. Please review Xero’s privacy policy at https://www.xero.com/us/about/privacy/.  By participating in the Sweepstakes, Entrants hereby agree to Xero’s collection and usage of their personal information and acknowledge that they have read and accepted Xero’s privacy policy.

  17. 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 Sweepstakes, 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.