IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS
IMPORTANT! PLEASE CAREFULLY READ THESE PROMOTION RULES (hereinafter, "Promotion
Rules") BEFORE ENTERING THE DRAFTKINGS HOOPS PREDICTION CHALLENGE PRESENTED BY
COORS LIGHT AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. NO PAYMENT,
PURCHASE OR ENTRY FEE NECESSARY. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION
DraftKings is pleased to announce an exciting new promotion, the DraftKings Hoops
Prediction Challenge Presented by Coors Light (hereinafter, the "Promotion").
Entrants to the Promotion (“Player” or “Players”) will have the opportunity to win
different prizes (defined below). In order to be eligible to participate in the
Promotion, Players must be 21 years or older, legal residents of the United
States, and physically located in any of the 50 states or Washington, D.C. No
purchase is necessary to enter the Promotion. In addition, MillerCoors LLC”)
(“MillerCoors”) shall hereby be deemed an official "Promotional Partner” of the
Promotion and shall expressly be afforded all of the rights, protections, and
defenses granted to DraftKings under these Promotion Rules.
Each day of the 2020 NCAA Men’s Basketball Tournament (the “Tournament”) beginning
on March 17, 2020 and ending April 6, 2020, a total of twelve (12) days (the
“Promotion Dates”), DraftKings will pose to players a set of eight (8) prop
questions (the “Prop[s]” and each set of Props a “Set[s]”) asking for predictions
relating to that days’ tournament games. Players will only be asked about games
that occur on that day of the tournament; the Props will not involve games that
occur on other days of the week. Each Prop will be multiple choice and have
multiple answers for players to choose from. Players will earn points based on how
many Props they answer correctly. Each correct answer is worth one (1) point.
Those Players who accumulate the most points in a given week shall be eligible to
receive a portion of THREE THOUSAND DOLLARS ($3,000) (the “Weekly Prize” -
portions of the Weekly Prize hereinafter the “Prize Money”). Prize Money will be
distributed to the highest-scoring Players each week based on how many Players
received the highest score that week (if only one Player receives the highest
score in a given week, he or she shall receive the entire $3,000). DraftKings
reserves the right to modify Prize Money disbursement in any way it deems
necessary in its sole discretion.
The Promotion will be hosted across all DraftKings core platforms throughout the
Promotion Dates, including the DraftKings website at
https://draftkings.com/lp/march-hoops. No points shall be awarded after the
Promotion Dates. The Promotion shall be administered and scored according to these
Promotion Rules (the “Rules”). These Rules, in conjunction with the DraftKings'
Terms of Use and Privacy Policy, shall govern the Player eligibility, Promotion
conduct, and rules of play of the Promotion. In the event of a conflict between
these Rules and the DraftKings’ Terms of Use or Privacy Policy, these Rules shall
govern.
RULES OF PLAY
Players shall compete for the most points in the Promotion each of the 12 days of
the Tournament through the Program Dates in accordance with the below scoring
rules. Questions will be released each day of the Tournament by 10:00 am EST
during the Program Dates. Players shall log-in and select their answers to
questions pertaining to that day’s slate of Tournament games. All answers to the
Props must be submitted by the start of the first game every day of the Tournament
during the Promotion. DraftKings reserves the right to modify this and any
deadlines or release times herein in real-time when, in its sole discretion,
DraftKings deems it necessary to do so. Answers may not be submitted, nor may they
be modified, after the deadline. Players’ scores will be updated by DraftKings on
the following day. DraftKings’s computer shall be the official clock for all
purposes of the Promotion. Scoring will be awarded in accordance with the
following table:
SCORING
• Eight (8) total Props per Set, one Set per day of the Tournament.
Weekly scoring breakdown:
o Eight (8) multiple choice questions
? 8 x Standard 8pts ? Total 8pts
If any changes occur at any time regarding the Tournament game schedule, including
but not limited to game cancellations, delays, or modified game start-times, or if
any changes occur to any Tournament team roster in any given day, including but
not limited to players not participating in their games, playing only limited
minutes, or playing a larger or smaller role for their team, or if any other
changes occur that effect any of the Props or render a particular Prop no longer
relevant or applicable, DraftKings reserves the right to remove that Prop(s) (and
all associated points) from the Promotion, in its sole discretion, or modify the
relevant Prop(s) in any way DraftKings sees fit. DraftKings is not responsible for
unforeseeable changes relating to Tournament games that render Props obsolete,
irrelevant, wrong, or in any other way inapplicable.
HOW TO ENTER
There is one way to enter the Promotion (“Entry Method”). Players must have an
existing DraftKings account. Players may create a free account with DraftKings at
www.draftkings.com (the “DK Website”) by completing the DraftKings registration
requirements on that page ("DK Registration Requirements"). To complete the DK
Registration Requirements, entrants will be required to provide a username of
their choice, a password, email address, date of birth, and country and state of
residence (as applicable). Player’s acknowledge that such information shall be
considered Player’s contact information for purposes of the Promotion and pursuant
to the DraftKings standard Terms of Use, found here
https://www.draftkings.com/terms-of-use (“DraftKings Terms of Use”). A potential
winner of any Prize will be required to provide proof that he/she is the person
set forth on the DK Registration Requirements as evidenced by appropriate
documentation as determined in DraftKings’ sole discretion. Once a Player has
registered for their DraftKings account, they can then enter the Promotion using
their DraftKings login details at the Promotion’s official webpage
(https://draftkings.com/lp/march-hoops).
No purchase is necessary; entry in the promotion is free. Entry is limited to one
(1) entry per person and per email address. Multiple entries will automatically
result in disqualification. All Players will be required to select Props
pertaining to the events that may or may not occur in Tournament games. All
Players’ answers to the Props must be submitted by the start of the first game
every day of the Tournament.
Proof of submission of an entry does not constitute proof of receipt of entry by
DraftKings or its agents. DraftKings reserves the right to void all entries made
through any third-party website or service, or through any robotic, automatic,
mechanical, programmed or similar entry duplication method, and to disqualify any
individual using such a website, service or entry method. DraftKings is not
responsible for technical difficulties or Internet service disruptions or other
equipment or service issues which might affect an online user’s ability to enter
and qualify or the ability of DraftKings to notify the winners. Facsimiles or
mechanical reproductions will not be accepted, and entrants may not use any other
device or artifice to enter in excess of the number of entries allowed.
MAXIMUM NUMBER OF ENTRIES
Once a Player has accumulated one (1) entry to the Promotion they are no longer
allowed to add entries in the Promotion. Players may return each day of the
Tournament to submit their answers to the days Set of Props. Each Tournament days’
submissions limited to one (1) per Player.
Eligibility
In order to be eligible to participate in the Promotion, Players must be 21 years
or older, legal residents of the United States, and physically located in any of
the 50 states or Washington, D.C. Players must also satisfy all other requirements
contained herein and at all times abide by these Promotion Rules. Void where
prohibited or restricted by law – no purchase necessary. Prior to any prizes being
dispensed, all ages of any reward winners may be verified with DraftKings.
Employees of DraftKings and Pepsi, and each of their respective affiliates,
officers, directors, employees, agents, advertising, public relations and
promotion agencies, and members of each of their immediate families (i.e.,
spouses, parents, children and siblings, and their respective spouses) and those
living in the same household of each are not eligible to participate in the
Promotion.
Conditions on Claiming Prize
Earned Prize Money will be deposited directly into the winning Players’ DraftKings
account. Any deposits shall be made within 24 hours after the final day’s
Tournament game has ended. DraftKings reserves the right to evaluate, withhold,
and otherwise modify Prize Money deposits as it deems reasonably necessary.
Where legal, the winners must consent to the use of his/her name, voice, video,
and likeness/photograph in and in connection with the development, production,
distribution, commercialization, promotion and/or exploitation of DraftKings,
MillerCoors, and the Promotion in a form reasonably directed by the organizers of
the Promotion or other representatives of DraftKings;
Players agree to be bound by and adhere to all rules and codes of conduct as
required by the terms and conditions during their participation in the Promotion;
Players consent to the release of certain personal information to DraftKings and
MillerCoors for purposes related to participation and eligibility for their
participation in the Promotion;
Players agree to execute other documents as DraftKings may reasonably request;
Players agree to pay all taxes, title, registration fees, and like amounts in
connection with the Prize Money; and
At all times, Players shall conduct him/herself in a professional manner and shall
not be involved in any conduct or activity that may bring the winner into
disrepute or harm the finalist or winner's name or reputation.
(hereinafter, collectively, the "Requirements").
Respond in a timely manner to DraftKings’ reasonable requests to facilitate trip
planning and coordination;
At all times while traveling to, from and while attending the trip to the FHWC,
use his/her best endeavors to uphold the good name, image and reputation of
DraftKings and shall not make any statements or engage in conduct which could
damage or bring into disrepute the name and/or image and/or reputation of
DraftKings; and
At all times conduct him/herself in a professional manner, and shall not be
involved in any conduct or activity that may bring the winner into disrepute, or
harm the finalist or winner's name or reputation.
(hereinafter, collectively, the "Requirements").
In the event a winner of Prize Money is not able to meet the Requirements for
claiming the Prize Money, such Winner or finalist shall not be entitled to such
Prize Money or any other prize, compensation or monetary value whatsoever, and
DraftKings will have no further obligation to the Winner or finalist, as
applicable. The winners of any Prize Money must be able to fulfill the
Requirements. A Promotion winner's failure to fulfill the Requirements shall
constitute a disclaimer by the finalist or winner of the Prize Money, or any other
prize, compensation, or monetary value of any nature whatsoever associated with or
otherwise related to the Promotion.
THE PRIZE MONEY IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT
ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE
FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All prizes may not be transferred and must be accepted as awarded, and any
difference between approximate and actual prize value will not be awarded.
DraftKings reserves the right to substitute a prize with another prize of equal or
greater value if the prize is not available for any reason, as determined by
DraftKings, in its sole discretion. DraftKings to ship the prizes. DraftKings
reserves the right to choose to ship the prizes in a means DraftKings finds, in
its sole discretion, reasonable. DraftKings may not be liable for any damages,
delays, or other issues that occur during the shipping process. However,
DraftKings, in its sole discretion, may take reasonable measures to replace any
prizes that can be proven to have been lost or damaged during the shipping
process.
RELEASE
By entering the Promotion, each Player agrees to: (a) comply with and be bound by
these Promotion Rules and the decisions of DraftKings and MillerCoors, (including,
without limitation, the answers to all Props) which are binding and final in all
matters relating to this Promotion; (b) release and hold harmless DraftKings,
MillerCoors, the prize suppliers and any other organizations responsible for
sponsoring, fulfilling, administering, advertising or promoting the Promotion, and
all of their respective affiliates and related entities and each of their
respective officers, directors, agents, vendors, employees and other
representatives (collectively, the “Released Parties”) from and against any and
all claims, expenses, and liability, including but not limited to negligence and
damages of any kind to persons and property, including, but not limited to,
invasion of privacy (under appropriation, intrusion, public disclosure of private
facts, false light in the public eye or other legal theory), defamation, slander,
libel, violation of right of publicity, infringement of trademark, copyright or
other intellectual property rights, property damage, or death or personal injury
arising out of or relating to a Player’s entry, creation of an entry or submission
of an entry, participation in the Promotion, acceptance or use or misuse of prize
(including any travel or activity related thereto) and/or the broadcast,
exploitation or use of entry; and (c) indemnify, defend and hold harmless the
Released Parties from and against any and all claims, expenses, and liabilities
(including reasonable attorneys’ fees) arising out of or relating to an Player’s
participation in the Promotion and/or entrant’s acceptance, use or misuse of
prizes.
EFFECT OF CONTEST RULES ON TERMS OF USE
The Terms of Use on the DraftKings website (https://www.draftkings.com/help/terms)
shall apply to the Promotion and to these Promotion Rules and are hereby
incorporated herein by reference. These Promotion Rules are intended to be a
supplement to the Terms of Use and should not be determined to be a substitute or
replacement for, or otherwise render inapplicable, the Terms of Use. To the extent
that any provision of these Promotion Rules conflicts with any provision in the
Terms of Use, the provision contained in these Promotion Rules shall apply, and
the provision contained in these Promotion Rules shall be deemed to supersede the
conflicting provision contained in the Terms of Use unless otherwise stated
herein. In no way other than a provision of these Promotion Rules that explicitly
conflicts with a provision in the Terms of Use shall these Promotion rules to be
deemed to replace or nullify any provision contained in the Terms of Use.
EFFECT OF CONTEST RULES ON PRIVACY POLICY
The Privacy Policy on the DraftKings website
(https://www.draftkings.com/help/privacynotice) shall apply to the Promotion and
to these Promotion Rules, and are hereby incorporated herein by reference. These
Promotion Rules are intended to be a supplement to the Privacy Policy and should
not be determined to be a substitute or replacement for, or otherwise render
inapplicable, the Privacy Policy. To the extent any provision of these Promotion
Rules conflicts with any provision in the Privacy Policy, the provision contained
in these Promotion Rules shall apply, and the provision contained in these
Promotion Rules shall be deemed to supersede the conflicting provision contained
in the Privacy Policy unless otherwise stated herein. In no way other than a
provision of these Promotion Rules that explicitly conflicts with a provision in
the Privacy Policy shall these Promotion rules to be deemed to replace or nullify
any provision contained in the Privacy Policy.
WARRENTIES AND CONSENTS
By entering the Promotion, you: (a) represent and warrant that (i) you have read,
and agree to be bound by, these Promotion Rules and any applicable policies or, as
applicable, (ii) based on these Promotion Rules, you are eligible to participate
in the Promotion, and (iii) all of the information provided as part of your entry
is accurate, does not violate any third party’s legal rights (including, without
limitation, rights of privacy and publicity), and otherwise does not violate
applicable law; (b) consent to the use of your name and/or likeness by DraftKings
and MillerCoors for promotional purposes (whether online, in print or through any
other media now known or hereafter developed), without additional compensation or
authorization unless prohibited by law; and (c) agree to be bound by the
interpretations of these Promotion Rules by the DraftKings, in its sole and
absolute discretion, which are final and binding in all matters relating to the
Promotion.
DISCLAIMER OF WARRANTIES
DRAFTKINGS IS PROVIDING THE PROMOTION ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DRAFTKINGS DOES NOT REPRESENT OR WARRANT THAT THE PROMOTION OR THE TECHNOLOGY USED
TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS,
INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO
PARTICIPATE IN IT. DRAFTKINGS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY
IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate
information, whether caused by entrants, printing errors, or by any of the
equipment or programming associated with or utilized in the Promotion; (b)
technical failures of any kind, including, but not limited to malfunctions,
interruptions or disconnections in phone lines or network hardware or software;
(c) unauthorized human intervention in any part of the entry process or the
Promotion; (d) technical or human error which may occur in the administration of
the Promotion or the processing of entries; or (e) any injury or damage to persons
or property which may be caused, directly or indirectly, in whole or in part, from
Player’s participation in the Promotion or receipt or use or misuse of any prize.
If for any reason an entrant’s entry is confirmed to have been erroneously
deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is
another entry in the Promotion, provided that if it is not possible to award
another entry due to discontinuance of the Promotion, or any part of it, for any
reason, DraftKings, at its discretion, may elect to hold a random drawing from
among all eligible entries received up to the date of discontinuance for any or
all of the prizes offered herein. No more than the stated number of prizes will be
awarded. One prize per person only. In the event that production, technical,
seeding, programming or any other reasons cause more than the stated number of
prizes as set forth in these Official Rules to be available and/or claimed,
DraftKings reserves the right to award only the stated number of prizes by a
random drawing among all legitimate, unawarded, eligible prize claims.
MARKETING DISCLAIMER
By entering the Promotion, each Player agrees to receive communications from
DraftKings Inc. and MillerCoors. Notwithstanding anything to the contrary, all
Players agree to receive communications from DraftKings regarding marketing
activities, promotions, relevant legislative efforts and other grassroots
activities. All Players may opt out of such communications at their discretion.
CONSENT OF USE
Each Player who enters the Promotion hereby agrees and consents, without further
authorization, to forego compensation or remuneration of any kind, to the editing,
modification, replication, publication and/or other use of the names, likenesses,
photographs, videos, voices, Entries and the like of the Player in any medium,
whether now known or hereafter developed, including, without limitation, any and
all advertising, promotions, and other publicity conducted by DraftKings and
MillerCoors. Notwithstanding the generality of the foregoing, each Player further
assigns any and all rights he or she may have over his or her entry to DraftKings
without further authorization, compensation or remuneration of any kind.
MISCELLANEOUS
As used herein, a "Force Majeure" event shall mean the interruption of or material
interference with DraftKings' ability to grant to the winners the Prize by any
cause or occurrence not within DraftKings' reasonable control, including, but not
limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist
threat or activity, public health emergency (e.g., SARS), act of God or public
enemy, satellite or equipment failure, riot or civil disturbance, war (declared or
undeclared), or any federal, state or local government law, order or regulation,
or order of any court. In the event of a Force Majeure, DraftKings may reschedule
the Promotion, or may cancel the Promotion altogether.
DRAFTKINGS’ DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION AND
THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO
THE PROMOTION. A PLAYER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PLAYER’S
ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND PLAYER HAS BEEN
NOTIFIED THAT VERIFICATION IS COMPLETE. DRAFTKINGS WILL NOT ACCEPT SCREEN SHOTS OR
OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS
AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND
WILL NOT BE HONORED.
DraftKings reserves the right to alter these rules and event at any time in
DraftKings' sole discretion upon reasonable notice to you; provided however that
any change in the Prize shall be made prior to the beginning of the Promotion.
DraftKings reserves the right to conduct a background check of any criminal
records of any prize winner. To the extent necessary and permitted by law, prize
winners authorize this background check. DraftKings reserves the right, at its
sole discretion, to disqualify any prize winner from any prize element, based on
the background check. Winner also accepts sole responsibility for any
miscellaneous costs relating to acceptance of a prize.
By participating in the Promotion, the player agrees to be bound by the terms of
these Promotion Rules, and the Terms of Use, and hereby agrees to disclose all
applicable information to DraftKings, such information subject to the Privacy
Policy.
The value of the prize(s) won by a Player in the Promotion may be taxable as
income to its winner. Winner is solely responsible for any and all taxes and/or
fees associated with the prize. Winner will be issued an IRS Form W-9 with the
Affidavit of Eligibility and Release and a subsequent IRS Form 1099 if necessary.
Upon receipt of a prize, the winner shall be required to comply with any and all
applicable federal, state and local laws, rules and regulations.
The stated ARV of the prize is based on available information provided to
DraftKings. Any difference in ARV at the time of awarding will not be awarded, and
the value of any prize awarded to a winner may be reported for tax purposes as
required by law. DraftKings has not made any warranty, representation or
guarantee, expressed or implied, in fact or in law, with respect to any prize
awarded, and specifically disclaim all such warranties, representations or
guarantees, including, without limitation, any warranty of merchantability or
fitness for a particular purpose.
Electronic Entries: In the event of a dispute, online entries will be deemed made
by the authorized account holder of the email address submitted at time of entry.
The authorized account holder is the natural person who is assigned to the email
address by an Internet access provider, online service, or other organization that
is responsible for assigning email addresses. Potential Winner may be required to
show proof of being the authorized account holder. CAUTION: ANY ATTEMPT BY A
PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF
THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT
BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW.