Xero NGP Survey Competition Terms

No purchase or payment necessary to enter or win. A purchase or payment will not affect your chances of winning a prize. You have not yet won. The Competition is void where prohibited or restricted by law.

1. This competition (Competition) is conducted by the Xero entity for the region in which you are a resident of (as set out in the list at the bottom of these terms and conditions) (Xero), and is open from 10:00am on Thursday 10 November 2022 NZDT until 11:59pm Monday 19 December NZDT (Competition Period). Xero may, in its sole discretion, extend or modify the Competition Period. By entering the Competition, an entrant (Entrant, you or your) agrees to be bound by these Terms and Conditions (T&Cs) and the additional terms and conditions set out in Schedule 1 for residents of Canada and Schedule 2 for residents of the United States (the Additional Terms, and collectively with the T&Cs when applicable, the Terms).

2. To be eligible to enter the Competition, an Entrant must, for the duration of the Competition Period (a) be a Xero certified subscriber; (b) be 18 years of age or older (or the age of majority in Entrant’s Region); and (c) be a resident of one of the following regions (Regions):

• Australia;
• Canada (excluding Quebec);
• United Kingdom;
• United States (excluding Puerto Rico and the U.S. Virgin Islands and other U.S. territories and possessions); or
• New Zealand;

(an Eligible Entrant). Eligibility is subject to all applicable federal, state and local laws, rules and regulations.

3. To enter the Competition, an Eligible Entrant must, by the close of the Competition Period, have completed the Xero NGP Survey 2022, sent via email, and at the end of the survey provided their email address to enter the Competition, (the Entry Criteria). Following which the Entrant will have been entered into the Competition and deemed to have accepted these Terms.

4. One entry per person. Xero employees and their immediate family members are not eligible to enter the Competition. Duplicate entries and entries that do not conform to any condition of the Terms will be void. Xero will determine in its sole discretion what constitutes a valid entry. The odds of winning a prize depends on the number of entries received in your region that satisfy the Entry Criteria.

5. For each Region, Xero will select the first 500 Eligible Entrants from:

• Australia;
• New Zealand;
• United Kingdom;
• United States; and
• Canada,

who have met the Entry Criteria (each, a Winner, and together, the Winners). For determining the Winners in each region, there will be a random draw from the total pool of that region’s Eligible Entrants. There will be a total of two thousand five hundred (2500) Winners.

6. Each Winner will receive a prepaid Visa gift card (Prize). Depending on the Winner’s region, the value of the Prize will be:

• Australia: AUD$25
• New Zealand: NZD$30
• United Kingdom: GBP£15
• United States: USD$20
• Canada: CAD$25

The Prize is non-refundable, not redeemable for cash, and provided on an “as is” basis. No prize substitutions, except by Xero. Winner is solely responsible for any and all applicable taxes, fees, charges or duties associated with acceptance or use of the Prize (and for understanding and abiding by such tax laws that may apply).

7. To receive a Prize, Winner will be required to reply to Xero’s subcontractor, Clarity Insight, message providing consent to Xero using your name, place of residence, business and statements for any publicity associated with the Competition or any other promotion or competition sponsored by Xero (together the Prize Claim Steps). Xero’s use of any personal information will be in accordance with its Privacy Policy.

8. If a Winner cannot be contacted or fails to complete the Prize Claim Steps within seven (7) days from the date on which Xero or Clarity Insight first notifies them by email, Xero reserves the right to withdraw the Prize (in which case the Winner will be deemed to have forfeited the Prize) and an alternative Winner may be selected by Xero in its sole discretion. The Winner must also complete any and all additional release forms, legal or tax-related documents provided by Xero in connection with awarding of the Prize in the timeframe instructed by Xero, or the Winner may forfeit the Prize at Xero’s sole discretion.

9. Xero’s decisions on all matters relating to this Competition (including but not limited to eligibility of Entrants and Winners, the awarding of the Prize and the operation of the Competition) will be final and binding, and no correspondence will be entered into regarding these matters. Xero reserves the right, in its sole discretion, to cancel, modify or suspend the Competition if any factors impair the integrity of the proper functioning of the Competition, or if Xero is prevented from awarding the Prize or continuing the Competition due to any event beyond its control. In the event the Competition is terminated, Xero may award the Prizes from among the eligible entries received up to the time of termination.

10. To the extent permitted by law, Xero, its affiliates, and each of their respective directors, officers, employees, representatives, and agents (the Representatives,) has no liability to you (including liability for direct, indirect or consequential loss or damage) in connection with the Competition, your participation in the Competition, or acceptance, possession or use or misuse of the Prize. Without limitation, each Entrant agrees to fully indemnify Representatives from any and all claims by third parties relating to the Competition. Notwithstanding anything to the contrary, the aggregate liability of Xero and its affiliates in connection with these Terms and Competition will not exceed USD $100.

11. Xero, its affiliates, and each of their respective Representatives are not responsible for any loss, damages or cause of action in relation to (a) any technical errors or failures of any kind; (b) alteration, destruction or unauthorized human access to entries; (c) failure of any electronic mail entry to be received by Xero on account of any technical problems; or (d) any other errors or problems in connection with the Competition, including, without limitation, errors that may occur in the administration of the Competition. You agree that in connection with the Competition or these Terms: (a) any and all disputes shall be brought in Entrant's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (b) Entrant waives the right to a trial by jury.

12. This Competition is in no way sponsored, endorsed or associated with Visa or Mastercard.

13. 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. If you have any questions regarding the Competition, or would like a list of the Winners once selected, please contact Xero at customerinsights@xero.com.

14. The following list sets out, for the region you reside in, the applicable Xero entity and the laws that govern the Terms and Competition. By participating, you irrevocably consent and submit to the jurisdiction of such courts.

Country - Australia

Xero entity and registered office: Xero Australia Pty Limited, 1/6 Elizabeth Street, Hawthorn, Melbourne VIC 3122

Governing law: Victoria, Australia

Country - Canada

Xero entity and registered office: Xero Software (Canada) Ltd. Suite 2600, Three Bentall Center, PO Box 49314, 595 Burrard Street Vancouver, British Columbia, V7X 1L3

Governing law: Ontario, Canada

Country - United Kingdom

Xero entity and registered office: Xero (UK) Limited, Bank House, 171 Midsummer Boulevard, Milton Keynes, MK9 1EB

Governing law: England

Country - United States

Xero entity and registered office: Xero, Inc. 1615 Platte Street, Suite 400, Denver, CO 80202

Governing law: State of Colorado, USA

Country - New Zealand

Xero entity and registered office: Xero (NZ) Limited. 19-23 Taranaki Street, Te Aro, Wellington 6011

Governing law: New Zealand