IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS, INC.
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, "Contest Rules") BEFORE ENTERING THE BARSTOOL PGA CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
CONTEST DESCRIPTION
DraftKings is pleased to announce an exciting new contest, the Barstool PGA Contest (the “Contest”), exclusively for new DraftKings Players referred through Barstool Sports. In addition to the standard prizing available to all players for the Free $100k PGA Contest (details located at https://www.draftkings.com/lp/free-contest-arcade) new DraftKings players referred through Barstool Sports who complete the account registration process (“Referred New Players”) will have the opportunity to win a $100 Gift Card to the Barstool Sports Store (hereinafter, the “Prize”). To be eligible as a Referred New Player, the user must be a new player and open a new account. Any player with a previous account at DraftKings is ineligible for the Barstool PGA Contest.
The top five (5) scores achieved by Barstool Referred New Players in the Free $100k PGA Contest, held April 6-9, 2017, shall each receive a $100 Barstool Sports Store gift card, pursuant to these Terms.
In the case of a tie, the finalist or winning spot in the Contest, the winner will be the DraftKings Player with the higher single-player fantasy points result for each drafted player in the lineup. For example, if DraftKings Player A and DraftKings Player B tied in the daily game, and Player A's highest fantasy point scoring player was Sidney Crosby with 22 fantasy points, and Player B's highest fantasy point scoring player was Tyler Seguin with 20 fantasy points, then Player A would be judged the winner. In the event that both teams have the same highest fantasy point scoring player, the same process will proceed down to the next highest fantasy point scoring player in each roster. In the event of two identical rosters, the DraftKings Player with the most cumulative points throughout the Contest will be deemed the winner. [If such tie occurs in the first round, the DraftKings Player who qualified first for the Contest shall be deemed the winner.]
MAXIMUM NUMBER OF ENTRIES
Once a player has accumulated 1 entry to the Contest they are no longer allowed to win entries in Contest qualifier contests.
RULES OF PLAY
Except as otherwise stated in or modified by these Contest Rules, the Contest shall be governed by the DraftKings Terms of Use and Privacy Policy.
Eligibility
Players must be 18 (19+ in Alabama and Nebraska, 21+ in Massachusetts) in years of age or older.
Conditions on Claiming Prize
The winners of the Contest, in order to claim either the Prize must:
Where legal, the finalists and winner must consent to the use of his/her name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the Contest in a form reasonably directed by the organizers of the Contest or other representatives of DraftKings;
Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;
Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;
Execute other documents as DraftKings may reasonably request; 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 the winner of the Prize is not able to meet the Requirements for claiming the Prize, such finalist or winner shall not be entitled to the Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the winner, as applicable. The player explicitly agrees that by entering the Contest, the sole prize for becoming a finalist in the Contest is the Prize. The winner of the Prize must be able to fulfill the Requirements. The winner's failure to fulfill the Requirements shall constitute a disclaimer by the winner of the Prize and any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.
EFFECT OF CONTEST RULES ON TERMS OF USE
The Terms of Use on the DraftKings Website shall apply to the Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest 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 the any provision of these Contest Rules conflicts with any provision in the Terms of Use, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest 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 Contest Rules that explicitly conflicts with a provision in the Terms of Use shall these Contest 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 shall apply to any data collected in connection with the Contest. These Contest Rules are intended to be separate from 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 the any provision of these Contest Rules conflicts with any provision in the Privacy Policy, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest 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 Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.
LIMITATION OF LIABILITY
The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Contest and by entering the Contest you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of Use, by the provisions thereof.
MARKETING DISCLAIMER.
By entering the Contest, each playes agrees to receive communications from DraftKings and/or Barstool Sports, subject to opting out when Entrant so desires. Entrant’s information will not be shared or sold to any outside party.
CONSENT OF USE.
Each player who enters the Contest hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, Entries and the like of the Entrant in any medium, whether now known or hereafter developed, and in any and all advertising, promotions, and other publicity conducted by DraftKings or Barstool Sports. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry to Barstool Sports and Sponsor 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 Contest, or may cancel the Contest altogether.
DraftKings reserves the right to alter these rules 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 Contest.
By participating in the Contest, the player agrees to be bound by the terms of these Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.