Krak Contest - Official Rules

KRAK CONTEST - OFFICIAL RULES

BY PARTICIPATING IN THE CONTEST, 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.

1. Eligibility to Participate in the Contest

You are eligible to participate in the Contest if, at the time of entry and during the Contest, you:

• Reside in the Eligible Areas identified above;
• Agree to the Kraken.com Terms of Service;
• Agree to these Rules and meet and comply with any and all applicable requirements herein;
• Are not a Kraken Related Party (as defined below);
• Are not otherwise ineligible to participate under the Kraken.com Terms of Service, these Rules, or applicable law.

You are not eligible to participate in the Contest if you are (A) a Kraken employee, officer, director, manager, agent, consultant, or representative; (B) a family member or live with any of the foregoing; (C) a Kraken corporate partner, division, subsidiary, affiliate, successor in interest; (D) an advertising, promotion, or public relations agency of any of the foregoing (each a “Kraken Related Party”). For the purposes of the Contest, 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).

By submitting your entry to the Contest, you represent and warrant that you meet, and will continue to meet throughout the Contest Period, each of the above criteria and are eligible to participate in the Contest.

2. Disqualification

Kraken reserves the right to disqualify you if Kraken determines, in its sole discretion, that you have (A) violated these Rules, including the Kraken.com Terms of Service or applicable law.

3. Notification of Winner

The winner will be notified by @Krak accepting the payment request via the Krak App. Kraken will not communicate directly with winners. Upon confirmation of the winner’s compliance with these Rules, the prize will be credited to their Krak account. If a winner is determined to be ineligible or in breach of these Rules, Kraken may disqualify the winner and select an alternate winner without further notice.

4. Consents and Approvals

By entering the Contest, you agree that any content and any other information submitted by you or collected by Kraken in connection with the Contest may be used by Kraken, including their affiliated business entities. Further, you consent to and opt-in to any communications, including marketing communications, from Kraken. You give consent for Kraken and its agents to obtain and deliver your name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME AND ADDRESS, MAY BE DISCLOSED TO THIRD PARTIES TO FACILITATE THE PROMOTION AND COMPLY WITH APPLICABLE LAW, TAX, AND REPORTING REQUIREMENTS. Except as otherwise contemplated in these Rules, Kraken will use personal information collected in connection with the Contest in accordance with its online privacy policy located at https://kraken.com/legal/privacy. 

5. Disclaimers

Kraken is not responsible for any changes or unavailability of your internet or any other interference with your ability to access or otherwise participate in the Contest, including your ability to timely enter, receive notices, or communicate with Kraken. Without limiting any other provision in these Rules, Kraken and Kraken Related Parties are not responsible or liable for any damage or loss by reason of any acts of God, equipment failure, terrorist acts, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, embargo, labor dispute, transportation interruption of any kind, civil disturbance, or any governmental, federal, state or local government authority action, or any other cause, whether or not specifically mentioned above.

6. Limitation of Liability, Disputes, and Governing Law

By participating in the Contest, you agree to and hereby do release and hold harmless Kraken and the Contest Related Parties 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 Contest, 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.

BY PARTICIPATING IN THE PROMOTION, 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 KRAKEN, OR THE KRAKEN RELATED PARTIES ARISING OUT OF OR CONNECTED WITH THE PROMOTION 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 England and Wales, without reference to its conflicts of law principles. By participating in this Contest, you agree that any dispute arising from or relating to this Contest shall be determined by confidential binding arbitration only in London, England, by and under the LCIA rules, 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.

7. General Rules

Kraken reserves the right to modify these Rules in any way or at any time. Kraken reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Participation. In the event of cancellation or suspension, Kraken shall promptly post a notice on its website to such effect. Failure to enforce any provision of these Rules shall not constitute a waiver of that provision. Kraken’s decisions will be final in all matters relating to the Contest. You waive any right to claim ambiguity in the Contest or these Rules.  The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Kraken reserves the right, in our sole discretion, to cancel, modify or suspend the Contest and unilaterally select winners from eligible submissions received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Kraken.