BY SUBMITTING AN ENTRY, YOU AGREE TO THESE TERMS AND THE KRAKEN.COM TERMS OF SERVICE. 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. Kraken
The Kraken Financial Times Ad Promotion (“Promotion”) is run by Payward, Inc., a company incorporated in Delaware with registered number 5017249 and registered address at 16192 Coastal Highway, Lewes, Delaware 19958 (“Kraken”).
2. Eligibility to Participate in the Promotion
Subject to these Terms, you are eligible to participate in the Promotion if, at the time of entry and throughout the Promotional Period (as defined below), you:
- Are a resident of the United Kingdom; and
- At least 18 years of age; and
- Agree to the Kraken.com Terms of Service, including any updates thereto; and
- Agree to these Terms and meet and comply with any and all applicable requirements herein; and
- Are not a Kraken Related Party (as defined below);
- Are not otherwise ineligible to participate under the Kraken.com Terms of Service, these Terms, or applicable law.
You are not eligible to participate in the Promotion if you are (1) a Kraken employee, officer, director, manager, agent, consultant, or representative; (2) a family member or live with any of the foregoing; (3) a Kraken corporate partner, division, subsidiary, affiliate, successor in interest; (4), an advertising, promotion, or public relations agency of any of the foregoing (each a “Kraken Related Party”). For the purposes of the Promotion, 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 Competition, you represent and warrant that you meet, and will continue to meet throughout the Promotional Period, each of the above criteria and are eligible to participate in the Competition.
3. Promotional Period
The “Promotional Period” begins at 12:00 PM BST on October 15, 2023, and ends at 11:59 PM BST on October 31, 2023. The entry deadline will be at 11:59 PM BST on October 31, 2023. Winners will be determined within 30 days of entry deadline.
4. How to Participate
To participate in this Promotion, you will need to:
1. Submit your entry prior to 11:59 PM BST on 31 October, 2023 via email at [email protected] by providing all required information, including first and last legal name, email, country of residence, and the phrase identified in the Kraken print advertisement in the 16 October 2023 edition of the Financial Times UK.
2. Follow any additional instructions provided as part of the Promotion, including successful creation, activation, and verification of an account with Kraken and completion of a Kraken Payment Request Form and W8BEN, as may be needed to claim and receive any prize.
5. Disqualification
Kraken reserves the right to disqualify your submission if Kraken determines, in its sole discretion, that you have (1) violated these Terms, including the Kraken.com Terms of Service, or (2) violated applicable law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, WE MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
6. Determination and Notification of Winners
Kraken will review submissions to select the first three (3) submissions received by Kraken, as determined by timestamp on Kraken’s systems, that comply with these Terms and correctly identify the phrase identified in the Kraken print advertisement in the 16 October 2023 edition of the Financial Times UK]. The determination of winners will be in Kraken’s sole discretion.
Winners will be notified via email at the email address from which the submission was sent. The winner will be required to successfully create, activate, and verify an account with Kraken. After the account has been successfully verified, Kraken will credit the winner’s account with an amount of bitcoin at a valuation of £500, as determined by the prevailing value of bitcoin on Kraken’s exchange at the time credited to the winner’s account. Credits may take up to 20 business days to be reflected in the account.
7. Consents and Approvals
By entering the Promotion, you agree that any content and any other information submitted by you or collected by Kraken in connection with the Promotion 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 Terms, Kraken will use personal information collected in connection with the Promotion in accordance with its online privacy policy located at https://kraken.com/legal/privacy.
8. 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 Promotion, including your ability to timely enter, receive notices, or communicate with Kraken. Without limiting any other provision in these Terms, 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.
9. Limitation of Liability, Disputes, and Governing Law
By participating in the Promotion, you agree to and hereby do release and hold harmless Kraken and the Competition 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 Promotion, 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 Promotion, you agree that any dispute arising from or relating to this Promotion shall be determined by confidential binding arbitration only in London, UK, 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.
10. General Rules
Any attempt to defraud or in any way tamper with this Promotion may be prosecuted to the full extent of the law. Kraken reserves the right to modify these Terms in any way or at any time. Kraken reserves the right, in its sole discretion, to cancel or suspend this Promotion 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 Terms shall not constitute a waiver of that provision. Kraken’s decisions will be final in all matters relating to the Promotion. You waive any right to claim ambiguity in the Promotion or these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. If the Promotion is not capable of running as planned for any reason, Kraken reserves the right, in our sole discretion, to cancel, modify or suspend the Promotion and unilaterally select winners from eligible submissions received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Kraken.
