Kraken Pro Interface-off Contest – Official Rules

BY ENTERING 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. Kraken

The Kraken Pro Interface-Off Contest (“Contest”) 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 Contest

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

• Reside in an eligible jurisdiction as set forth below;
• 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.

Eligible jurisdictions are the United States (excluding New York, Washington, and Maine), Canada (excluding Quebec), Australia, Belgium, Ireland, Italy, Netherlands, Spain, Poland, France, Germany, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Norway, Portugal, Romania, Slovakia, Slovenia, and Sweden.

Entrants must have an X account to enter, which 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 Contest. Any entries that are hidden or removed by X or you prior to the winner announcement are void.

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.

3. Contest Period

The “Contest Period” begins at 12:00 PM UTC on November 15, 2024, and ends at 12:00 PM UTC on November 29, 2024.

4. How to Participate

To participate in this Contest, you will need to:

1. Follow @krakenfx and @krakenpro on X to receive announcements and information about the contest;
2. Repost the Contest announcement post;
3. Create a custom layout of the Kraken Pro trading interface;
4. Save and name your custom layout;
5. Take a screenshot or recording of your custom layout;
6. Write a brief explanation (280 characters max) describing (i) why you like your customer layout, (ii) when you would use it, and (iii) how it enhances your trading experience;
7. Submit your entry by tagging the @KrakenPro account and using the hashtag #interfaceoff; and
8. Follow any additional instructions provided as part of the Contest, including successful creation, activation, and verification of an account with Kraken and completion of a Kraken Payment Request Form and supply of the appropriate tax form, as may be needed to claim and receive any prize.

Each participant is limited to one submission. Multiple submissions will be disqualified. Kraken is not responsible for any changes or unavailability of your internet, Kraken Pro, X, or any other interference with your ability to access or otherwise participate in the Contest, 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, or (B) violated applicable law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST 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

Each submission will be judged by Kraken, in its sole discretion,  based on depth of insight, originality, relevant to Kraken Pro trader, and clarity/coherence (equally weighted) to determine the winning submission. Depth of insight will include evaluating how thoroughly participants understand and use Kraken Pro, with a focus on their ability to provide detailed and meaningful insights. Originality will include the ability to provide unique perspectives or an innovative layout that hasn’t been frequently mentioned or considered before. Relevance to Kraken Pro traders includes the extent to which the layout is specifically relevant to the needs and expectations of Kraken Pro’s advanced traders. Clarity and coherence will include assessing the participant’s ability to communicate the layout’s rationale clearly, concisely, and in an organized manner for easy understanding.

Three (3) winners will be notified via direct message from the official Kraken @krakenpro X account to the X handle whose submission is identified as a winner. Each winner will be required to provide sufficient information (including their Public Account ID)  to identify a Kraken Account to deliver any prize awarded. If the winner does not have a Kraken Account, the winner will be required to successfully create, activate, and verify an account with Kraken. The recipient of any prize acknowledges and agrees that they may be required to submit additional documentation, including an applicable tax form such as Form W-9 Request for Taxpayer Identification Number and Certification, to be eligible to receive a prize. Upon confirmation of the winner’s Kraken Account, eligibility, and compliance with these Rules, Prizes will be credited to the winner’s Kraken Account. Credits may take up to 20 business days to be reflected in the account. 

7. Prizes

For the Contest, there will be three (3) winners with the following prizes available:

• 1 winner will be eligible to receive the first place prize of 500 USDC
• 1 winner will be eligible to receive the second place prize of 250 USDC
• 1 winner will be eligible to receive the third place prize of 100 USDC

Winners will receive prizes in the order of ranking as determined by Kraken pursuant to Section 6 of these Rules. 

8. 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 Contest 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 CONTEST 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. 

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 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.

10. 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 CONTEST, 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 CONTEST 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 Contest, you agree that any dispute arising from or relating to this Contest 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 Contest 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 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.