NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING , REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. ENTRY VIA TWITTER ONLY AND A TWITTER ACCOUNT, AND INTERNET CONNECTION ARE REQUIRED. THE SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC. OR ANY OF ITS, SUBSIDIARIES OR AFFILIATED ENTITIES.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT, READ THEM CAREFULLY BEFORE ENTERING.
Kraken Giveaway (“Sweepstakes”) is sponsored by Payward, Inc., 237 Kearny St. Ste 102 San Francisco, CA 94108 for US Kraken customers and Payward Ltd, 6th Floor, One London Wall, London, EC2Y 5EB for UK Kraken customers (collectively “Kraken”).
Subject to these Official Rules, the Sweepstakes is open only to legal residents of any of the fifty (50) United States, the District of Columbia, or the United Kingdom who are at least eighteen (18) years of age and the age of majority in their state or country of residence on the date of entry. Employees, officers, directors, managers, agents, consultants and representatives and family members of such individuals (or people living in the same household whether related or not) of Kraken, or their corporate partners, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
3. Sweepstakes Period:
The “Sweepstakes Period” begins at 3:00 PM Coordinated Universal Time (“UTC”) on July 17, 2021, and ends at 3:00 PM UTC on July 27, 2021, for the sweatshirt giveaway. The “Sweepstakes Period” begins at 3:00 PM UTC on July 28, 2021, and ends at 3:00 PM UTC on August 2, 2021, for the gift box giveaway. Prize Winners will be chosen at random on or about July 28, 2021, for the sweatshirt giveaway and on or about August 3, 2021, for the gift box giveaway. You may only win 1 Prize during the Sweepstakes Period. Your odds of winning depend on the number of eligible Entries received.
4. How to Enter:
To participate and enter this Sweepstakes, you will need a Twitter account and Internet access.
To enter the Sweepstakes, eligible individuals (“Entrants”) must do all of the following: Follow, Like, Comment with #10yearsofKraken, and Retweet the Twitter Posting (an “Entry”).
Twitter Sweepstakes Posts:
- Posting on July 17, 2021 https://twitter.com/krakenfx/status/1416412513558831105?s=20
- Posting on July 28, 2021 https://twitter.com/krakenfx/status/1420537450309509121?s=20
If you don’t already have a Twitter account, visit www.Twitter.com or use the Twitter mobile app to create one. Creating a Twitter account is free however, by submitting your information and creating a Twitter account you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter account. Kraken does not have any involvement with Twitter.
Kraken reserves the right to disqualify entries if the Entry and related tag includes inappropriate, offensive, or other derogatory language or information. Kraken reserves the right to remove, reject, or disqualify (along with the Entrants who submitted them) any Entry or related tag which, in its sole discretion, (a) violates any of these Official Rules, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Sweepstakes.
One Entry per person for each giveaway (i.e., one entry for the sweatshirt giveaway, and one entry for the gift box giveaway). Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple accounts or false contact information or otherwise may be disqualified.
Entries that Kraken believes in good faith are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, will be declared invalid and disqualified for this Sweepstakes.
Kraken is not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Kraken’s ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Kraken) or ability of the Entrant to timely enter, receive notices or communicate with Kraken via Twitter, in which case Kraken, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Twitter Account as applicable, to accept contacts by Kraken, and to timely check such account for any Kraken direct messages.
5. Winner Notification: The potential Prize Winners will be notified via direct message from @krakensupport (a “Winner Notification”).
If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Kraken (as determined by Kraken in its sole discretion), or if the potential Winner fails to respond promptly to a Winner Notification and/or to complete the Entry within the time periods set forth herein, the Prize will be forfeited in Kraken’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Kraken’s sole discretion. Kraken may determine the number of alternate winners for the applicable Prize, in its sole discretion, at which point the applicable Prize may be deemed unclaimed and Kraken will have no further obligation with respect to such Prize. Kraken reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Prize Winner must follow the directions in his or her Winner Notification.
Eleven (11) people will win a prize. Ten (10) winners will each win one (1) Kraken branded sweatshirt with an approximate retail value of $225 USD each, and one (1) winner will win a Kraken branded swag box with an approximate retail value of $580 (each a “Prize Winner” and each item a “Prize”). Approximate Retail Value (“ARV”) of all Prizes: US$2,830.00.
The Prize Winners will be shipped their Prize to the address they provide upon win notification, via shipping and delivery method in Kraken's sole discretion.
In no event shall Kraken be obligated to award any prizes other than the prizes specified in these Office Rules. The Prizes are non-transferrable and no substitutions (including without limitation, for cash) are permitted except that Kraken reserves the right to substitute a prize of equal or greater monetary value for any prize should such Prize not be available or become unavailable for any reason. All Prize details not specified in these Official Rules will be determined in Kraken’s sole discretion. Kraken is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept the Prize the Prize will be forfeited, and Kraken will have no further obligation with respect to that prize. Kraken is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim a prize. Any and all taxes and duties that may be due on the value of the Prize is the responsibility of the Prize Winner.
7. Licenses and Approvals:
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, Prize information, any quotes attributable to Entrant, and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANT’S NAME AND ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST(WITHOUT ADDRESS) AND FOR SHIPPING PURPOSES.
8. Limitation of Liability:
By entering the Sweepstakes, you agree to and hereby do release and hold harmless Kraken, Twitter, Inc., and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Releasees”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any prize or your participation in this Sweepstakes, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the full extent of the law. Kraken reserves the right to modify these Official Rules in any way or at any time. Kraken reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, Kraken shall promptly post a notice on Kraken’s website to such effect.
9. Additional Disclaimers:
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Prize Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Kraken in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
10. Disputes and Governing Law:
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWENTY FIVE DOLLARS ($25.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. By participating in this Sweepstakes, you agree that any dispute arising from or relating to this Sweepstakes shall be determined by confidential binding arbitration only in San Francisco, CA, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Kraken may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable. The Releasees (are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Sweepstakes-related correspondence or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (h) lost or unavailable network connections. Kraken is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account, or as a result of Entrant’s Twitter account settings. Kraken is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Kraken. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.
11. General Rules:
Kraken’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Kraken’s decisions will be final in all matters relating to the Sweepstakes. Kraken reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Kraken reserves the right, in its sole discretion, to void Entries of any Entrants who Kraken believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Kraken’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Kraken determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Kraken deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Kraken reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Sweepstakes is not capable of running as planned for any reason, Kraken reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Kraken. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Twitter Account as applicable, of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified, and any potential prize won will be forfeited in Kraken’s sole discretion. Each potential Winner may be required to provide Kraken with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Kraken’s satisfaction, the Entry and individual(s) may be deemed ineligible in Kraken’s sole discretion CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, KRAKEN MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
12. Official Rules and Winner List:
For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to Payward, Inc., ATTN: 10th Anniversary, 237 Kearny St. Ste 102 San Francisco, California winner’s list request must be received within three (3) months of the end of the Sweepstakes Period.
Twitter is a registered trademark of Twitter, Inc.