Kraken’s Signed Tottenham Hotspur Home Jersey Giveaway - Official Rules

KRAKEN’S SIGNED TOTTENHAM HOTSPUR HOME JERSEY GIVEAWAY - OFFICIAL RULES

BY PARTICIPATING IN THE GIVEAWAY, 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. Kraken

Kraken’s Signed Tottenham Hotspur Home Jersey Giveaway (“Giveaway”) 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 Giveaway

Subject to these Rules, you are eligible to participate in the Giveaway if, at the time of entry and throughout the Giveaway Period (as defined below), you:

• Reside in the United Kingdom, United States (void in Maine, New York, and Washington states), Canada (void in Quebec), Australia, or the European Economic Area;
• Agree to the Kraken.com Terms of Service, including any updates thereto;
• Agree to these Rules 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 Rules, or applicable law; and
• Have an X account and comply with all X terms and policies or have an Instagram account and comply with all Instagram terms and policies.

Entrants must have either an X account or an Instagram account to enter, which each can be registered for free at https://x.com and https://www.instagram.com/ respectively. Data and usage rates may apply to download and use of the X and Instagram mobile application according to your agreement with your wireless carrier. The time the X or Instagram entry is received is the time the entry is made available to Kraken by the X and Instagram platforms for the purposes of this Giveaway. Any entries that are hidden or removed by X, Instagram, or you prior to the winner announcement are void.

You are not eligible to participate in the Giveaway 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 Giveaway, 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 Giveaway, you represent and warrant that you meet, and will continue to meet throughout the Giveaway Period, each of the above criteria and are eligible to participate in the Giveaway.

3. Giveaway Period

The “Giveaway Period” begins at 11:00 AM UTC on September 13, 2024, and ends at 13:00 UTC on September 15, 2024. Prize Winners will be determined within 30 days of the end of the Giveaway.

4. How to Participate

To participate in this Giveaway, you will need to:

1. Follow @krakenfx or @krakenfxUK on X or Instagram.
2. Like and repost or share the @krakenfx or @krakenfxUK Giveaway announcement posts.
3. Reply to @krakenfx or @krakenfxUK Giveaway announcement and tag two other X or Instagram accounts prior to the end of the Giveaway Period.
4. Participants are eligible to receive up to four (4) entries in the Giveaway for completing the above steps for each Kraken X and Instagram account (i.e., @krakenfx and @krakenfxUK on X and @krakenfx and @krakenfx UK on Instagram).
5. Follow any additional instructions provided as part of the Giveaway, including successful completion of any documentation needed to claim and receive the prize.

Kraken is not responsible for any changes or unavailability of your internet, X, Instagram, or any other interference with your ability to access or otherwise participate in the Giveaway, including your ability to timely enter or receive notices or communicate with Kraken.

5. Disqualification

Kraken reserves the right to disqualify your submission if Kraken determines, in its sole discretion, that you have (A) violated these Rules, including the Kraken.com Terms of Service, (B) violated X or Instagram terms and policies, or (C) 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 randomly select one entry from eligible entries, as determined by Kraken in Kraken’s sole discretion. Odds of winning depend on the number of eligible entries received during the Giveaway Period. If you are a resident of Canada who is selected, you will be required to correctly answer a skill-based test question within a time-limited period in order to receive the prize. The question will be administered via web form. If you fail to correctly answer the skill-based test question within a time-limited period, you will be disqualified, and Kraken will randomly select an alternate winner.

The winner will be notified via direct message from the official Kraken @krakenfx or @krakenfxUK X or Instagram account, as applicable, to the winner’s X or Instagram account. 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 to be eligible to receive a prize. Upon confirmation of the winner’s compliance with these Rules, the prize will be made available to the winner.

7. Prize

For the Giveaway, there will be one winner of a Tottenham Hotspur Football Club 2024-2025 Season Home Jersey signed by the first team squad (estimated value £250).

8. Consents and Approvals

By entering the Giveaway, you agree that any content and any other information submitted by you or collected by Kraken in connection with the Giveaway 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 Giveaway 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 Giveaway in accordance with its online privacy policy located at https://kraken.com/legal/privacy. 

9. 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 Giveaway, 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.

10. Limitation of Liability, Disputes, and Governing Law

By participating in the Giveaway, you agree to and hereby do release and hold harmless Kraken and the Giveaway 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 Giveaway, 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 California, without reference to its conflicts of law principles. By participating in this Giveaway, you agree that any dispute arising from or relating to this Giveaway 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.

11. General Rules

Any attempt to defraud or in any way tamper with this Giveaway may be prosecuted to the full extent of the law. 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 Giveaway 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 Giveaway. You waive any right to claim ambiguity in the Giveaway 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 Giveaway is not capable of running as planned for any reason, Kraken reserves the right, in our sole discretion, to cancel, modify or suspend the Giveaway and unilaterally select winners from eligible submissions received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Kraken.