BY ENTERING THE COMPETITION, YOU AGREE TO THESE OFFICIAL RULES AND THE KRAKEN.COM TERMS OF SERVICE, WHICH EACH FORM A CONTRACT. READ THEM CAREFULLY BEFORE ENTERING. NO PURCHASE, PAYMENT, OR FUNDING NECESSARY TO PARTICIPATE OR WIN. PURCHASE, PAYMENT, OR FUNDING WILL NOT INCREASE YOUR CHANCES OF WINNING.
Void in Canada, the United Kingdom, the European Economic Area, Japan, New York State, Washington State, and where prohibited by law.
1. Kraken Entity
Kraken’s 12 Days of Cryptomas Competition (“Competition”) is run by Payward Ventures, Inc., a company incorporated in Delaware with registered number 5359931 and registered address at 16192 Coastal Highway, Lewes, Delaware 19958 (“Kraken”).
2. Eligibility to Participate in the Competition:
Subject to these Ofﬁcial Rules, the Competition is open only to those who:
- Agree to the Kraken.com Terms of Service; and
- Be a resident in the U.S., Latin America, Africa, Asia (ex Japan) or Oceania. (Excluding participants residing in New York or Washington)
- Agree to these Official Rules and meet and comply with any and all applicable requirements herein; and
- Are not otherwise ineligible to participate under the Kraken.com Terms of Service, these Official Rules, or applicable law; and
- Comply with all X terms and policies.
Entrants must have an X account to enter. An X account can be registered for free, at https://twitter.com. Data and usage rates may apply to download and use of the X mobile application according to your agreement with your wireless carrier. The time the X entry is received is the time the entry is made available to Kraken by the X platform for the purposes of this Competition. Any entries that are hidden or removed by X prior to the winner announcement are void.
Employees, ofﬁcers, directors, managers, agents, consultants, representatives and family members of Kraken employees and consultants (or people living in the same household whether related or not), or their corporate partners, divisions, subsidiaries, afﬁliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Competition Entities”) are not eligible. For the purposes of the Competition, family members are deﬁned as spouse, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
3. Competition Period:
The “Competition Period” begins at 12:00 AM EST on December 1, 2023, and ends at 11:59 PM EST on December 12, 2023. For each Competition day, entrants will need to provide a submission prior to 12:00 AM EST the following day. Prize Winners for each competition round will be determined within roughly 24 hours of submission deadline for each round.
4. How to Participate:
To participate in this Competition, you will need to:
1. Follow @KrakenFX, KrakenNFT and @KrakenPro on X to receive announcements and information about the competition and each competition day.
2. Retweet the @KrakenFX, KrakenNFT and @KrakenPro Competition announcement.
3. Follow the instructions for each competition day announced.
Each competition round will feature a different theme requesting participants to submit an original and creative entry for judging. Each Participant is limited to submitting one eligible entry per round of competition. Multiple submissions will not be considered.
Kraken is not responsible for any changes or unavailability of your internet, your Kraken Account, X, or any other interference with your ability to access or otherwise participate in the Competition, including your ability to timely enter or receive notices or communicate with Kraken.
5. Prohibited Content for Submissions
Kraken reserves the right to disqualify participants for (1) violation of these Official Rules, including breach of the Kraken.com Terms of Service; (2) violations of applicable law; (3) engaging in unfair competition as determined by Kraken in its sole discretion, or (4) any submission that violates the following prohibited content guidelines:
- misuses or uses without authorization any Kraken logo, trademark, or materials;
- provides personally identifiable information about yourself or any third parties, such as an address, phone number or any contact information;
- violates any third-party right including, but not limited to, copyright, trademark, right of publicity or any other proprietary right;
- is libelous, defamatory, disparaging or tortious;
- is sexually-explicit;
- refers to or promotes lotteries or gambling, other competitions or giveaways, or other promotions;
- includes explicit or offensive language;
- advocates violence;
- advocates illegal activities;
- advocates tobacco, alcohol or drugs;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state, or local law, ordinance, or regulation;
- is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the content is created; or
- denigrates, disparages or reflects negatively on Kraken, its services and products and/or its employees, or on any other person, company, services or product, or that disparages Kraken’s competitors.
Any submission that does not comply with the above requirements shall not constitute a valid submission to the Competition round and the participant responsible for such submission will be automatically disqualified.
6. Determination of Prize Winners:
Competition participants in each competition round will be asked to create and submit content through a reply to the @KrakenFX, KrakenNFT and @KrakenPro X handle. Each submission will be judged by Kraken, in its sole discretion, in accordance with the judging criteria announced for that day of competition. In the event no criteria is mentioned, judging will be based on originality and creativity (equally weighted) to determine the winning submission. During the Competition Period, winning tweets will be announced on @KrakenFX, KrakenNFT and @KrakenPro on X.
7. Winner Notiﬁcation:
Winners will be notiﬁed via direct message from the official Kraken @KrakenFX, KrakenNFT and @KrakenPro X account to the X handle whose submission is announced as the winner. The winner will be required to provide sufficient information to deliver any prize awarded. The recipient of any prize acknowledges and agrees that they may be required to submit additional documentation, including Form W-9 Request for Taxpayer Identification Number and Certification (for US Residents) or Form W-8BEN (for non-US Residents), to be eligible to receive a prize. Upon confirmation of the winner’s eligibility and compliance with these Rules, Prizes will be distributed to the winner.
For each round of the Competition:
- December 1: 1 winner of a Ledger Nano X (Amethyst Purple) valued at $149
- December 2: 4 winners of a Playstation 5 valued at $499
- December 3: 1 winner of an ELLIPAL Crypto Seed Storage valued at $63
- December 4: 1 winner of an iPad Pro valued at $899
- December 5: 1 winner of Bose QuietComfort Ultra Wireless Noise Canceling Headphones valued at $430
- December 6: 1 winner of an Amazon Gift Card valued at $300
- December 7: 1 winner of a MEEPO V5 Electric Skateboard valued at $500
- December 8: 1 winner of a Meta Quest 3 valued at $499
- December 9: 1 winner of an iPhone 15 Pro valued at $1,200
- December 10: 1 winner of an Oraimo eBike valued at $1,800
- December 11: 1 winner of a DJI MAvic 3 Pro valued at $2,200
- December 12: 5 winners of a Hotels.com Gift Card valued at $2,000 each
¹Values determined as of November 22, 2023, and are subject to change
9. Licenses and Approvals:
You further represent and warrant that you meet all eligibility criteria for participation in the Competition and, in connection with the Competition, grant the Competition 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 your Competition information, and any other indicia of persona associated with your Competition Information, in any manner whatsoever throughout the world, including on the internet, and at any time or times, 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 you release all Competition Entities from any and all liability related thereto. For the sake of clarity, you give consent and approval to announce Competition results during and at the completion of the Competition Period on the internet and social media applications. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A PRIZE WINNER, YOUR IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME AND ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES TO FACILITATE THE AWARDING OF PRIZES AND COMPLY WITH APPLICABLE LAW AND REPORTING REQUIREMENTS.
10. Limitation of Liability:
By participating in the Competition, you agree to and hereby do release and hold harmless the Competition Entities 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 Competition, 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 Competition 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 Competition should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Competition. In the event of cancellation or suspension, Kraken shall promptly post a notice on Kraken’s website to such effect.
11. Additional Disclaimers:
Without limiting any other provision in these Ofﬁcial Rules, Competition Entities are not responsible or liable to any participant or prize winner or any person claiming through such participant or prize winner for failure to supply the prize or any part thereof in the event that any of the Competition activities or the Competition Entities’ 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.
12. Disputes and Governing Law:
BY PARTICIPATING IN THE COMPETITION, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN YOU AND COMPETITION ENTITIES ARISING OUT OF OR CONNECTED WITH THE COMPETITION, 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 YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE 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) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE 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 Competition, you agree that any dispute arising from or relating to this Competition 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 Competition Entities (are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Participants, e-mail, mail, Competition-related correspondence or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Competition, including, without limitation, errors which may occur in connection with the administration of the Competition, the transmission of notiﬁcation or correspondence, the processing of participants, the announcement of any prize or in any Competition 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 Competition 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 your e-mail account. Kraken is not responsible, and may disqualify you, if your e-mail address, telephone, or other contact information does not work or if it is changed without giving prior written notice to Kraken. If for any reason your participant is conﬁrmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Competition, your sole remedy is another entry in the Competition.
13. 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 Competition. Kraken reserves the right to restrict or void participation from any IP address if any suspicious participation is detected. Kraken reserves the right, in its sole discretion, to void Participants who Kraken believes have attempted to tamper with or impair the administration, security, fairness or proper play of the Competition. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Competition-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. You waive any right to claim ambiguity in the Competition or these Official Rules. If Kraken determines at any time in its sole discretion that you are disqualified, ineligible, or in violation of these Ofﬁcial Rules, or engaging in behavior that Kraken deems obnoxious, inappropriate, threatening, infringing, 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 Competition is not capable of running as planned for any reason, Kraken reserves the right, in its sole discretion, to cancel, modify or suspend the Competition and award the Prize from eligible entries received prior to cancellation, modiﬁcation, or suspension or as otherwise deemed fair and appropriate by Kraken. Each potential Winner may be required to provide Kraken with proof that he or she is the authorized account holder and complete documentation required for tax or other legal purposes. If a dispute cannot be resolved to Kraken’s satisfaction, the 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 COMPETITION 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.