(Last Updated 30 August 2016)
The Services are provided by Draftkings Inc. a company incorporated in Delaware in the United States of America, with registration number C56545, and having its registered address at 225 Franklin St., 26th Floor, Boston, MA 02110 USA (“Draftkings”).
The fantasy sports contests of skill that Draftkings offers from the Website constitute pool betting for the purposes of British law and, accordingly, in order to offer the Services to British players, DraftKings Inc. is licensed and regulated by the Gambling Commission and holds a Remote Pool Betting Operating Licence – Number 000-042475-R-321959-001.
You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the Website. It is an offence for any person in Great Britain (“GB”) who is under the age of 18 to participate in the fantasy sports contests offered on this website.
You may establish only one account per person to participate in the Services offered on the Website. In the event DraftKings discovers that you have opened more than one account per person, in addition to any other rights that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
If any deposit is charged back any winnings generated from DraftKings contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. DraftKings reserves the right to close your account – without notice – shall a deposit be charged back.
DraftKings employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: DraftKings-sponsored Private Contest, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed in the website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating.
We are required by the terms of our British Operating Licence to inform you about how we hold the funds which you deposit with us for the purposes of using the Services, and the extent to which funds are protected in the event of insolvency - see http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx
DraftKings Inc.'s UK subsidiary DKUK Services Limited holds customer funds in one or more segregated accounts which are separate from those accounts in which we hold company funds. However, please note that this will not ensure that the funds are protected in the event of the insolvency of the Company. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic protection.
If we make any change to the terms on which your funds are held, we will notify you in advance of such change taking effect by such means as we determine appropriate. We will require you to acknowledge receipt of such notification using such method as we determine. If you do not acknowledge such receipt you will not be permitted to use the funds in your account to participate in the Services. If you do acknowledge receipt and continue to use the Services, you will be deemed to have agreed to the change. However, if you do not wish to agree to the change you may either cease to use the Services or close your account.
VERIFICATION OF YOUR AGE AND IDENTITY
The company complies with British law, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the company and, if necessary, a suspicious transaction report will be made by the company to the competent UK Authorities. In the event of any suspicious transactions, the company may suspend, block or close the account(s) of the relevant player(s) and withhold funds as may be required by law and/or by the competent Authorities.
By agreeing to the Terms you authorise us to undertake such verification checks as we may require ourselves or may be required by third parties (including regulatory bodies) to confirm your age, identity and contact details and to prevent money laundering (the "Checks").
We reserve the right to withhold any payment from a player’s account to such player until we are satisfied that the identity, age and place of residence of the player has been suitably verified.
If age verification is not completed to our satisfaction within 72 hours of you first depositing money into your account we are required to freeze your account until such time as we can successfully verify that you are aged 18 or over.
We may ask you to provide further information to us in order to complete the Checks. If you do not or cannot provide us with such information as may be required for the Checks to be completed to our satisfaction we may suspend or permanently close Your Account.
Deposit Limits - In order to assist you to participate in our fantasy sports contests responsibly, we offer a Deposit Limit within each customer account. Limits can be amended at anytime. A decrease in the deposit limit will take effect within 24 hours, but an increase can only occur after a cooling-off period, in order to allow you to reflect on the decision to increase the deposit limit before it takes effect.
Self-exclusion - Should you need to take a break from our fantasy sports contests, we provide a self-exclusion facility which can be activated by you via your Account or by contacting Customer Support. The minimum period of self-exclusion is 6 months and we are required to close the account and return any funds to you.
If you are considering self-exclusion, please remember to contact all gaming companies with whom you have accounts and ask to self-exclude with them too. We will use our reasonable endeavours to ensure compliance with your self-exclusion from the Website. However you accept that we have no responsibility or liability whatsoever if you use the Website during any period in which you have self-excluded in circumstances where you have taken steps to avoid us being able to identify you. We also recommend that consideration is given to the installation of software that will allow you to block access to internet gaming websites.
Underage Gaming - It is illegal for anyone under the age of 18 to open an account or to participate in the fantasy sports contests on our website. We carry out age verification checks on all customers who use payment mechanisms which are available to under 18s and additionally perform random age verification checks on customers using other forms of funding mechanisms. Please note than anyone under the age of 18 found to be using the Website will forfeit any winnings and may also be reported to the authorities.
COMPLAINTS AND DISPUTES
We will handle your complaint in accordance with Gambling Commission’s guidelines. We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within four weeks from the date we receive the complaint.
Depending on the complexity of the complaint, our investigation may take longer than four weeks to resolve. We will ensure that we write to you within four weeks of the date we receive your complaint with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so.
Our final response represents the final stage of our internal complaints procedure.
However, if the complaint relates to the outcome of a gambling transaction and, following completion of our internal complaints procedure, your complaint has not been resolved by us to your satisfaction, the matter will be categorised as a “dispute” and you have the right to refer your dispute to an Alternative Dispute Resolution entity, whose details are:
Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS; Telephone: 020 7347 5883; Fax: 020 7347 5882; Email: email@example.com; http://www.ibas-uk.com
Adjudication Form: http://www.ibas-uk.com/adjudicationForm.php
Alternative Dispute Resolution (ADR) involves the referral of unresolved disputes to an independent third party for adjudication. There is no charge to you for using this service. The details of our ADR entity are also held by the Gambling Commission.
The ADR entity reserves the right to reject disputes referred to it for resolution on the basis that they are frivolous or vexatious but we are not permitted to refuse referral on that basis.
Details of all disputes referred to the ADR entity and details of the outcome of the process will be provided by us to the Gambling Commission, as required by the Licence Conditions and Codes of Practice attaching to our Operating Licence. The ADR entity reserves the right to reject disputes referred for resolution on the basis that they are frivolous of vexatious but we are not permitted to refuse referral on that basis. The ultimate resolution of the ADR entity may be made binding on both parties but does not deprive you of the right to pursue the matter further under the provisions of these Terms.
Users will be able to visit the Website and view the games available for entry (the "Contests"). Each individual Contest that is not free to enter has an entry fee listed in US dollars. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your DraftKings account. All deposits will also be in US dollars. You are responsible for any/all charges that your financial institution may charge in connection with your deposit on the Website.
Deposits made on our site will appear on your statement as DRAFTKINGS. All payments of entry fees are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
In the event you believe you were incorrectly assessed a credit card transaction fee related to a Deposit submitted to DraftKings, you may contact us at firstname.lastname@example.org and request a refund. To successfully process your refund request, DraftKings would need the following information: (i) original transaction date and amount deposited; and (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) [copy of your credit card statement showing such fee(s)]. DraftKings will review your submission and if DraftKings determine it was an invalidly assessed fee, DraftKings will credit such amount back to your Account.
CONDITIONS OF PARTICIPATION
By entering a Contest, entrants agree to be bound by these Terms and the decisions of DraftKings. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
- Falsifying personal information required to enter a Contest or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
- Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- Any type of bonus abuse, or abuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other entrants information and spamming other entrants; or
- Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless DraftKings, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. DraftKings may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
DraftKings is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of DraftKings and will not be acknowledged or returned.
To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide DraftKings with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, DraftKings will, in its sole and absolute discretion, utilize certain information collected by DraftKings to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner and continuing until such time when DraftKings informs them that they no longer need to do so that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.
DraftKings reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by DraftKings in its sole discretion.
CONTEST PRIZES AND PROMOTIONS
Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. These can be found at www.draftkings.com/help/nfl. We encourage you to read such Contest and promotions Rules before participating.
OTHER LEGAL RESTRICTIONS
CONTEST OF SKILL
Contests offered on the Website are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling.
CONTEST STATISTICS AND LIVE SCORING
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the DraftKings Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While DraftKings and the third parties used to provide the DraftKings Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the DraftKings Website and related information sources. DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the DraftKings Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in DraftKings' sole discretion.
DraftKings reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, DraftKings may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
At the conclusion of each Contest, prizes will be awarded by 18:00 GMT on the following day except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes are listed in our prize table list. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.
Contest prize payouts will be published with the creation of each new contest. DraftKings reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by DraftKings to its customers but will not be required.
PAYMENT AND WITHDRAWAL OF PRIZES
Winners are posted on the Website.
Promotional deposits, credits, and other bonuses may not be withdrawn from a DraftKings account unless appropriate terms of the promotion are achieved first by the user.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, DraftKings reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prize is permitted, except that DraftKings reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
Any withdrawal requests, after approved by DraftKings, will be credited back to the same credit card or method of payment used to deposit funds on the Website. DraftKings will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, DraftKings may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the DraftKings Website. DraftKings may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:
(A) THE WEBSITE;
(B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE;
(C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE;
(D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
(E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
(F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY OF THE FOLLOWING:
LOSS OF PROFITS,
LOSS OF OPPORTUNITY,
DAMAGE TO GOODWILL OR REPUTATION,
BUSINESS INTERRUPTION, OR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND;
IN EACH CASE RELATED TO OR ARISING FROM OR IN CONNECTION WITH:
(1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE;
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;
(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR
(5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION,
IN EACH CASE EVEN IF FORESEEABLE AND/OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.
IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF YOUR POTENTIAL NET WINNINGS IN THE RELEVANT CONTEST AND ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
DraftKings reserves all rights not expressly granted in and to the Website and the Intellectual Property.
You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of DraftKings, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
CHOICE OF LAW AND JURISDICTION
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless DK, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "DK Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with DraftKings or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the DraftKings website shall not be responsible or liable for the DraftKings website or any of the content, software, or functions made available on, or accessed through, or sent from, the DraftKings website.
MasterCard and Visa have contracted and granted a license to DKUK Services LTD with its registered address at C/o Jeffrey Green Russell Limited Waverly House 7-12 Noel Street, W1F 8GQ UK, incorporation number C 74501 for credit card acquiring processing purposes.
DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.