Accountex Official Rules
XERO DRAWING – ACCOUNTEX USA 2016 EXPO
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
Your participation in the Xero drawing at Accountex USA 2016 Expo (the “Drawing”) 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 Drawing entry times are as follows: from November 15, 2016 at 5:30 P.M. Pacific Time (“PT”) to November 17 2016 at 4:00 p.m. PT (the “Drawing Entry Period”). The Drawing is sponsored by Xero, Inc. located at 101 Green Street, 5th Floor, San Francisco, CA 94111 (“Xero”).
ELIGIBILITY: The Drawing is open only to attendees of the Accountex USA 2016 Expo (the “Expo”) held between November 15, 2016 and November 17, 2016 in Las Vegas, NV, who are legal residents of the fifty (50) United States and the District of Columbia, excluding residents of Puerto Rico and where otherwise prohibited by law, who are 18 years of age or older as of November 15, 2016. 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.
AGREEMENT TO OFFICIAL RULES: Participation in the Drawing 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 Drawing is contingent upon fulfilling in a timely manner all requirements set forth herein.
HOW TO ENTER: Pick up a raffle ticket in person at Xero’s booth #220, or at one of the Xero-sponsored break-out sessions during the Drawing Entry Period. One additional raffle ticket may be obtained by wearing a Xero t-shirt to the Expo and showing your apparel to a Xero team member. You can receive one raffle ticket at the Xero booth and one raffle ticket for your attendance at each Xero-sponsored break-out session. The odds of winning the Prize depend on the number of eligible entries received. Limit five (5) entries per person during the Drawing Entry Period.
DETERMINATION OF WINNERS: One (1) Prize winner will be selected in a random drawing from all eligible entries received for the Prize during The New Network presentation by Andy Lark on November 17, 2016 that begins at 4:10 p.m. PT in Las Vegas, Nevada. The entrant must be present to win. Decisions of Xero will be final and binding on all matters relating to this Drawing.
PRIZE: The prize will be Five Thousand United States Dollars ($5,000) (the “Prize”). The Prize will be in the form of a check to you. 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 affidavit, 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. Entrants agree that Xero is not liable for injuries, losses or damages of any kind arising from participation in this Drawing, or acceptance, possession and use of the Prize. 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.
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.
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.
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 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.
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.
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.
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.
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.
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.