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Xero™ Forward Fund Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE CONTEST IS VOID WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.  You are providing your information to Xero, Inc.  (“Xero”) and its affiliates and you agree that the information you provide will only be used in accordance with the Xero privacy notice. The Xero privacy notice may be found at: https://www.xero.com/us/about/legal/privacy/.   

This Contest is not open to the general public. Contest open to Xero Eligible Partners and their Eligible Partners’ Nominees only.

 

  1. CONTEST TIMING: The Xero Forward Fund Contest (the “Contest”) will be conducted in two (2) phases as described below in these Official Rules (“Official Rules”). 

    PHASE ONE: Partner Firm Registration.

    Eligible Xero Accountant and Bookkeeper customers located in the 50 United States and the District of Columbia (“U.S.”) and in good standing and its affiliates with Xero at the time of registration (“Eligible Partner”) will be required to register for participation at Xero.com/forwardfund beginning Wednesday, January 22, 2020 at 12:01 a.m. Central Time ("CT") and ending February 19th, 2020 at 11:59:59 p.m. CT (the “Nomination Period”). 

    PHASE TWO: Nominated Student Entry:

    Eligible Partners Firms will nominate college and university students (U.S. only) which they have identified in their Partner Firm Registration to enter the Contest. Students must be a legal resident of the U.S., eighteen (18) years of age or older (or the age of majority in the state in which they reside) at the time of entry, and be currently enrolled in a college or university in the U.S. pursuing a career in finance/accounting, living in the state of the principal office of the participating Partner Firm (the “Nominee”). Nominees will be required to register at Xero.com/forwardfund beginning Monday, March 9, 2020 at 12:01 a.m. CT and ending Monday, April 20, 2020 at 11:59:59 p.m. CT (“Nominee Entry Period”). Nominees may not be family members, as defined by the IRS, of an Eligible Partner.

    At the conclusion of Phase Two, all Eligible Entries will be judged by the Judges to determine three (3) Eligible Partners and associated Nominees to receive a Grand Prize.  All Phase Two entries will be judged based on predefined judging criteria as later described in these rules. The Grand Prize winning entries will be announced on or about Tuesday May 12, 2020. Xero will not be obligated to award all prizes if there aren’t a sufficient number of qualifying entries. Only one prize will be awarded per winning entry.

    Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each Eligible Partner and Nominee (collectively an “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Xero, 1615 Platte Street, Suite 00, Denver, CO 80202, (the “Sponsor” and "Judge"), and/or WYNG, 360 Park Avenue S., 20th Floor, NY, NY 10010 (the "Administrator") whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.  

  2. ELIGIBILITY:  By participating in this Contest, Entrant: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that Entrant and the student nominated meet all the eligibility criteria set forth in these Official Rules; and (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations. LIMIT: One (1) registration per Eligible Partner and up to five (5) nomination entries per Eligible Partner during the Entry Period. Xero and each of its affiliates, vendors, advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Promotion Entities”), and each of their employees and their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Administrator’s database clock will be the timekeeper for this Contest. 

    Entry Notes:  Eligible Partners are responsible for seeking authorization from their Nominee to participate/register. 

  3. HOW TO ENTER:

    Eligible Partners must register their participation at Xero.com/forwardfund during the Nomination Period, complete all of the required information on the registration form including the name(s) of the nominated student(s) and complete the registration by agreeing to the Official Rules and submit.

    Once your registration has been submitted, you will receive a reply from the Sponsor if you qualify as an Eligible Partner. Only Approved Eligible Partners will be recognized as an Entrant.

    Nominee Registration: 
    Follow these steps to enter: 

    A) Go to Sponsor’s Entry page: Use your enabled wireless device, tablet or personal computer to access the website at Xero.com/forwardfund.

    B) Once connected to the web site, complete all required registration fields.

    C) Registration will include Entrant’s (Nominee’s) full name, valid email, complete mailing address, city, state, zip code, Eligible Partner’s name that nominated you, college or university you are attending, career path, along with answering the following questions:

    Why are you pursuing a career in accounting and how do you think accounting will evolve in the future?

    You may submit any content you feel best answers this question (see judging criteria below). You may submit your answers to the questions as an essay (not to exceed 200 words in length), photo with essay or video (no longer than one minute in length).

    Essays longer than 200 words or videos longer than one-minute in length, will have 10 points deducted from the judges final score.

    D) Once you have completed uploading your answers in the format of your choice from above, review and agree to the Official Rules and submit.  

    LIMIT: One entry submission per Nominee during the Nomination Period

    Entry Notes:
    All entries are subject to verification and approval by the Sponsor. Entries that Sponsor decides, in its sole discretion, do not meet the requirements for the essay, photo or video specified below or otherwise do not comply with these Official Rules may be disqualified. Any attempted form of entry other than as described in these official rules is void. Sponsor will determine in its sole discretion, what constitutes a valid entry ("Eligible Entry"). All materials submitted become the sole property of the Sponsor to use at it pleases and will not be returned or acknowledged.   

    Sponsor reserves the right to cancel or modify the Contest if fraud, misrepresentation,  or technical failures impair the integrity of the Contest as determined by the Sponsor, in its sole discretion and to award the prize based on Eligible Entries received prior to the cancellation.

    You are responsible for confirming if your participation or acceptance of a Prize violates any policy of your school or applicable law, including any existing assignment of rights or license to any intellectual property created by participating student.  

    If you opt to access the Contest via your wireless mobile device, data rates may apply for each message sent or received from your handset 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 carriers' 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 this Contest. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges or lack of functionality of wireless devices.

    Prohibited Content:

    Entries must be the original work of the Nominee and must not violate the rights of any other party, including but not limited to intellectual property rights (such as copyrights) or rights of privacy/publicity. Entries must NOT contain:
    (a) advertising or commercial content for any party other than Xero or the participating Eligible Partner or promotional partners of the promotion, if any;
    (b) content that endorses/promotes illegal or harmful activity;
    (c) violent, profane, vulgar, obscene, defamatory or otherwise objectionable material;

    Entrant’s Representations: By entering Entrant represents and warrants that the materials submitted content, are Entrant’s original work product and do not infringe the rights of any third party (including but not limited to copyrights and rights of publicity/privacy) and that you have the right to submit it. 

    Entry Notes: Nominees will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Judges and Administrator and their parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in this Contest.

    Sponsor is not responsible for problems downloading or uploading any contest-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest.

  4. JUDGING: All Eligible Entries will be judged by the Judges based on how well the Nominee’s response aligns to three key Xero values:

    a. Human
    Be yourself, bring your own perspective and you’ll belong. We are honest, real, approachable and work together to make a difference.

    b. Challenge
    It’s about dreaming big and changing the game. We ask why, we challenge the status quo and we innovate at every turn.
     
    c. Beautiful
    Engage, delight and inspire. Take pride in your work and go the extra mile. Ensure high standards and do your best everyday.

  5. PRIZES: Only the prizes listed below (“Prize”) will be awarded in this Contest.

    The three (3) Eligible Partners and the associated winning Nominee with the highest Judges scores will receive the following:

    Three (3) Eligible Partner Prizes: Each winning Eligible Partner that is in good standing with Xero and its affiliates at the time the prize is awarded will receive the following:

    Coop marketing mass media advertising placements purchased by Xero. This may include print ad or billboard in or near the winning firm’s primary headquarters or location of business. Exact mass media to be mutually agreed upon between the Eligible Partner and Xero with the final determination to be made by Xero in its sole discretion. Approximate retail value of each prize not to exceed $10,000. Co-branded ads must be completed by March 31, 2021.

    Three (3) Nominee Prizes: Each winning Nominee will receive the following:

    $10,000 Scholarship. Funds may be used for tuition, board, student loan, books and electronics, and Xero may at any time request evidence of such use. Prize to be awarded via check payable to the winner.

    Approximate retail value of each prize $10,000

    PRIZE NOTES:
    •  Prize is provided on an “as is” basis, without any warranty of any kind. Prize is non-transferable.
    •  Prize winner is responsible for any and all applicable federal, state, and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize.  

    No substitution or transfer of Prize is permitted. If the Prize or the Prize notification is returned as undeliverable or any non-compliance with the Official Rules or failure to respond within the applicable time period, it will result in forfeiture of the Prize and will be awarded to the next entry with highest Judges’ score as determined by the Judges.

    Prize will be awarded only if the Eligible Partner and Nominee fully comply with these Official Rules. Sponsor or Sponsor's representative reserves the right to remove or to deny portions of the either prize package to Prize winner or its representatives who engage in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person with no further compensation.

  6. WINNER NOTIFICATION:  Prize Winners will be notified on or about May 12, 2020. Conduct of the Contest is under the supervision of the Sponsor and the Administrator. Prize Winners will be notified via email, phone or mail based on the information supplied during the registration process. The Prize Winners will be required to reply, confirming prize winner's e-mail address, full mailing address and phone number within (48) hours of notification. Winning Entrants ("Prize Winners") will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, and W-9 tax payer request for identification (collectively, "Prize Claim Documents").  If any Prize Winner fails or refuses to sign and return all Prize Claim Documents within five (5) business days of Prize notification, the Prize Winner may be disqualified and an alternate prize Winner may be selected.  Once eligibility has been verified and the Sponsor receives the Prize Winner’s requested information, the Sponsor will arrange to award the Prize. Prize Winners must reply with all required information in order to receive their Prize.  

    Prize Winners must also complete any additional legal documents provided by Sponsor (if any) with respect to the Prize and return them as instructed within the time frame specified or winner may forfeit Prizes at Sponsor’s sole discretion. If a potential Prize Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor will have no further obligation to the potential Winner. Prize or Prize Claim Documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Prize Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Prize Winner in the event that any potential winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.

  7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Submission of an entry constitutes Entrant’s permission for the Promotion Entities to use Entrant’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities and Released Parties (as defined below) from all claims arising out of the use of such Attributes. 

    Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the Entrant in perpetuity. Submission of an entry further constitutes the Entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights without further compensation. 

    Acceptance of a Prize constitutes permission for Sponsor and its designees to use Entrant's and Prize Winners name for purposes of advertising, promotional and other purposes in any and all media now or hereafter known throughout the world for a period of two (2) years from the conclusion of the Contest, without further compensation, notification or permission unless prohibited by law. 

  8. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

  9. LIMITATION OF LIABILITY AND INDEMNITY: Neither Sponsor, Judge, Administrator, the Promotion Entities, nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns (the “Released Parties”) shall be held  responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) the entry submission; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries; (vi) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest  (vii) use of any prize and (viii) the judging process including the outcome of the Contest.

    By participating in the Contest, all Entrant’s and Prize Winners agree to indemnify, defend and hold harmless Released Parties from any and all damages, claims, and liability (including reasonable attorneys’ fees and costs) arising out of or relating in any way to Entrants, and Prize Winners, participation in Contest and acceptance or use of any Prize and to release all rights to bring any claim, action or proceeding against Released Parties. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with potential Prize Winner’s participation in and/or entry into the Contest or acceptance or use of any Prize or, including but not limited to, traveling to, preparing for and/or participating in any Contest Prize-related activity and for any claims based on publicity rights, defamation, invasion of privacy, and Prize delivery. 

  10. DISQUALIFICATION/FORCE MAJEURE: In the event an insufficient number of Eligible Entries are received and/or Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event beyond its 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 or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all Eligible Entries, non-suspect Entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded. 

  11. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, ENTRANTS AND PRIZE WINNERS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE  STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES WITH THE STATE OF NEW YORK, AND ALL CLAIMS MUST BE RESOLVED IN THE COURTS OF NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNLESS OTHERWISE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ENTRANTS AND PRIZE WINNERS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS AND PRIZE WINNERS HEREBY WAIVE ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANTS AND PRIZE WINNERS AND SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN NEW YORK. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  12.  ARBITRATION PROVISION: By participating in this Contest, each Entrant and Prize Winner agree that any and all disputes the Entrant may have with, or claims Entrant and Prize Winners may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location in NEW YORK or at such other location as may be agreed by Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Entrant and Prize Winners irrevocably waive all rights to a jury trial.

  13. WINNERS LIST: To obtain the name of the Winners, send a self-addressed stamped envelope to: Xero Forward Fund Contest Winners, PO Box 2312, Framingham, MA 01703-2312. All such requests must be received by April 10, 2020.


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