DraftKings

Get In the Game Promotion (Tier 1)

OFFICIAL RULES


 NO PURCHASE, TEXT, USE OF WIRELESS SERVICE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE, TEXT, OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN AZ, CA, LA, NV, WA, AND WHERE PROHIBITED BY LAW. 

 

IMPORTANT: PLEASE READ THESE OFFICIAL RULES, WHICH ARE A CONTRACT, CAREFULLY BEFORE ENTERING THIS PROMOTION. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. FOR TEXT MESSAGE ENTRIES, STANDARD MESSAGE AND DATA RATES MAY APPLY TO EACH TEXT SENT OR RECEIVED, DEPENDING ON YOUR RATE PLAN. 

 

BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW. 

 

 

  1.  Promotion: Get In the Game Promotion (“Promotion”)

 

  1. SponsorDraftKings Inc., 222 Berkeley St., 5th Floor, Boston, MA 02116 (“DraftKings” or “Sponsor”) 

 

  1. Administrator: LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Ave., 17th Floor, New York, NY 10001 (“Administrator”).

 

  1. Acknowledgment: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by the Promotion Official Rules (“Official Rules”), the general rules for all promotions and contests offered by Sponsor (“General Rules”), which are incorporated herein by reference, the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Promotion or the Official Rules.  In the event of a conflict between these Official Rules and the General Rules in relation to the Promotion, these Official Rules shall govern.

 

As a condition of participating in the Promotion, you agree and acknowledge that Twitter, Inc., and its owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Group”) are not sponsors of the Promotion nor do they endorse or administer the Promotion, nor are they in any way associated with the Promotion. All questions regarding the Promotion must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Promotion, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Promotion, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.

 

  1. Eligibility: Promotion is open only to legal residents of the United States and the District of Columbia, except residents of AZ, CA, LA, NV, WA, Puerto Rico and U.S. Territories and Possessions, who are at least 21 years of age or older at the time of entry. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY OR OTHER REQUIREMENTS IN THESE OFFICIAL RULES OR THE SPONSOR’S TERMS OF USE AVAILABLE ON DRAFTKINGS.COM, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE PROMOTION NOR WIN A PRIZE, AND SPONSOR WILL NOT AWARD A PRIZE TO YOU. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Jameson®, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prize, and wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win the prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner may be required to provide proof of legal residency upon request prior to prize award. Void in AZ, CA, LA, NV, WA, Puerto Rico and U.S. Territories and Possessions and where prohibited or restricted by law.

 

  1. Promotion PeriodPromotion begins on or about 9:00:00 a.m. Eastern Time (“ET”) on September 1, 2019 and ends at 11:59:59 p.m. ET on October 31, 2019 (“Promotion Period”). Eastern Time shall control for all purposes of the Promotion. Sponsor’s computer is the official clock for the Promotion.

 

  1. How to EnterDuring the Promotion Period, eligible individuals may enter in one (1) of two (2) ways: 

 

  1. ENTRY VIA TEXT MESSAGE: You may obtain an entry by text message if you are a wireless service subscriber of a participating mobile carrier. have a short message service (“SMS”) capable mobile phone, handset, or other device (“Device”) and meet the Promotion eligibility criteria detailed in the “ELIGIBILITY” section above. To enter by text message, send the keyword “JAMESON” using the text-messaging feature on your Device to (888) 991-8186 during the Promotion Period. By doing so, you will receive one $20 DraftKings Credit (while supplies last) that you can redeem per the instructions you will receive from the Sponsor via SMS in response to the SMS you send.  If you qualify to receive Draft Kings Credit, you must redeem them during the Promotion Period. The Draft Kings Credit will not be valid after the Promotion Period ends. You will also receive an entry for a chance to win the prize described in section 8 (“Entry”). The Text method of entry is currently designed to work with all of the major carriers in the U.S. Sponsor or Administrator makes no guarantee that any particular wireless service provider will support Text method of entry or continue to support the Text method of entry. By participating in this Promotion via SMS, you certify that you are the account holder of the mobile phone number used for entry, you consent to receive automated notification SMS text messages related to the Promotion and Sponsor or Administrator may contact you by text message or telephone call if you are a potential winner in this Promotion. A text entry is “received” when it is actually recorded on the Administrator’s SMS provider’s text-message servers. Sponsor is not responsible for and will disqualify you if your SMS text message is received before or after the Promotion Period or if it contains an improper or incorrect keyword and/or date of birth or no keyword and/or date of birth at all.  The full terms of use for the Sponsor are located at https://www.draftkings.com/terms-of-use. Participation via SMS is also subject to the Sponsor’s Privacy Policy, available at https://www.draftkings.com/help/privacynotice.

 

NOTE ABOUT MOBILE: You will be charged for standard text messages sent and received from your Device according to the terms in your wireless service provider’s calling or data plan. Normal airtime and carrier charges and other charges may apply to text messages and will be billed on your wireless phone bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on messaging rate plans and charges relating to your participation in this Promotion. Entry in this Promotion via text message is not available on all carriers. Participation in this Promotion via text message means that you understand and agree that you may receive up to four (4) auto-dialed text messages from or on behalf of the Sponsor about the Promotion. Text STOP to (888) 991-8186 to stop receiving texts (a confirmation text will be sent). Text HELP to (888) 991-8186 for help. Consent to receive text messages is not required or a condition of any purchase. Text message entries will be handled by Administrator’s SMS provider. All text message entrants must have an SMS text messaging two-way capable Device and messaging service in order to enter the Promotion using the text messaging method. Text messaging and wireless service are not available in all areas, from all mobile phone service carriers, and with all mobile phones, handsets, or other devices. Check your Device’s capabilities for specific instructions and your wireless service provider’s calling or data plan. 

 

  1. ENTRY VIA MAIL: On a 3”x5” card handprint your name,
     phone number and date of birth and mail in a business size (#10) envelope to: "DraftKings Get In the Game Promotion Entry”, c/o
     LeadDog Marketing Group, 440 Ninth Avenue, 17th Floor, New York, NY 10001. Entries must be postmarked by 10/31/19 and received by 11/7/19. Entries received after 11/7/19 are void.

 

  1. Limit of one (1) entry per person, per Device/phone number (as applicable) during the Promotion Period regardless of entry method. Multiple entries in excess of this limitation or mass entry attempts may result in disqualification of all entries by such person or e-mail address. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Proof of liking and commenting on the Sweepstakes post does not constitute proof of receipt or entry into the Sweepstakes. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

 

In the event of any dispute concerning the identity of any participant who entered via SMS, the entry will be deemed submitted by the natural person who is the authorized account holder of the Device or phone number used to enter the Promotion (as applicable), but only if that natural person otherwise meets the eligibility requirements set forth in these Official Rules and Sponsor’s Terms of Use and complies with these Official Rules and the Terms of Use. "Authorized Account holder" is defined as the natural person who is assigned to a mobile telephone number (“MTN”) by the wireless service provider that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted MTN.  If a dispute cannot be resolved to Sponsors’ satisfaction, the entry will be deemed ineligible. A corporation is not entitled to claim any prize in this Promotion.

 

  1. Selection of Winners: Potential winner will be randomly selected on or about November 11, 2019 from among all eligible entries received during the Promotion Period. Drawing will be conducted by Administrator, an independent organization whose decisions are final and binding on all matters related to the Promotion.

 

  1. Winner Notification: The potential winner will be notified by the Administrator using the information available to Administrator in the potential winner’s entry on or about 11/13/19. Failure to respond to the initial verification from Administrator within five (5) business days after notification or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification. Potential Prize winner will be required to sign and return within five (5) business days of notification an Affidavit of Eligibility, Release and Indemnification, a tax acknowledgment form (if applicable) and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification, tax acknowledgment form (if applicable) and Publicity Release (where allowed by law) are not returned to Administrator within the specified time period, the potential winner may be disqualified. If a potential winner of any prize is disqualified for any reason, potential winner’s prize will be forfeited without compensation of any kind and will be awarded to an alternate winner selected from all remaining eligible entries received during the Promotion Period and if there is ample time before the Event.  Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case a prize may go unawarded.

 

  1. Prize, Approximate Retail Values (“ARV”) and Odds: PRIZE (1 winner): Prize winner will receive a $500 StubHub® Gift Card that they can use towards purchasing two (2) tickets to a pre-season NFL game for winner and one (1) guest (“Game”). Winner is responsible for transportation to or from Game. Total ARV of Prize: $500.00. Subject to all terms and conditions stated on the StubHub® Gift Card.

 

 

All expenses not specifically mentioned herein are not included and are solely the Prize winner’s responsibility, including but not limited to: transportation to transportation to/from Game, meals, beverages, gratuities, merchandise, and parking. Certain restrictions, as determined by Sponsors, may apply. Sponsor will attempt to accommodate winner’s preferred availability, but all specifics thereof will be at Sponsor’s discretion. If Prize Winner and Guest(s) cannot comply with these restrictions or any other portion of these Official Rules, the Prize will be forfeited in its entirety and an alternate winner will be chosen. Any picture identification requirements associated with attending the Game is the Prize winner and guest’s responsibility. Releasees are not responsible for lost or mutilated tickets and none will be replaced. 

 

Prize winner’s guest must be eighteen (18) years of age or older, or if under the age of majority in his or her state of residence (a “minor”). 

 

By entering this Promotion and accepting the prize, the Prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion or prize-related activity or events. The Prize winner understands and agrees that Sponsor, Administrator, or prize providers have the right, in their sole discretion, to disqualify and remove the Prize winner or his/her guest from any activity at any time if the winner’s or his/her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsors or otherwise violates the policies of the prize providers, and in such a case, the Prize winner will still be solely responsible for all taxes and other expenses related to the prize. 

 

 

Odds of winning the Prize depends on the total number of eligible entries received during the Promotion Period. Each entry will have an equal chance of winning.

 

  1. Additional Prize Restrictions: The Prize will be awarded only if the potential Prize winner fully complies with these Official rules. Gift card prizes are subject to terms and conditions of use as indicated thereon, which may include expiration date (where lawful). Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsors’ permission in their sole discretion or where required by law. Sponsors in their sole discretion may award a substitute. Any images of prizes/prize components in advertising are for illustrative purposes only. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. All taxes are the sole responsibility of the winner. Sponsor are not responsible for any inability of the winner to accept or use the prize for any reason. Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring his/her prize. Sponsor shall not be held responsible for any delays in awarding prize for any reason. Sponsor reserves the right to change any component in its sole discretion if such component is unavailable. Prize will only be awarded to a verified winner. 

 

NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON- EXCLUDABLE GUARANTEES”). EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE SPONSORS’ OWN PRODUCT(S)/SERVICE(S) THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE), EACH WINNER AGREES THAT HIS/HER PRIZE IS PROVIDED “AS IS.” SPONSORS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the Promotion (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Promotion (or any part thereof). In such event, Sponsor shall conduct the Promotion and make the prize available from among all eligible mail-in entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, electronic entry or text-message entry to be received on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile phone/device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Promotion.

     Participants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE(S) OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

  1. Additional Conditions of ParticipationBy participating, you agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Promotion, you agree to release and hold harmless Sponsor, Administrator, Jameson, and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, death, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, possession, receipt or use/misuse of prize. Released Parties are not responsible for any text message, or other electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account or text message inbox to receive messages. Released Parties are not responsible, and may disqualify you, if your email address, MTN, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize in the event that any of the Promotion activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God.

 

 

  1. Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating, you also authorize the Sponsor and its respective designees to use your name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winner’s name (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.  

     
  2. Choice of Law and Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or an appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.

 

  1. Winner’s Name: For the name of the Prize winner, mail a separate, self-addressed, stamped envelope to: “Get in the Game Promotion Winner Name”, c/o LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Avenue, 17th Floor, New York, NY 10001, no later than 12/31/19. 

 

  1. Privacy Policy: Entrants may receive e-mail correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy, available at https://www.draftkings.com/help/privacynotice. Any questions regarding privacy matters should be directed to the address set forth in the applicable Official Rules for important information regarding the collection, use, and disclosure of personal information by Sponsor.

 

  1. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding fuure promotional or marketing offerings, send your name and address to DraftKings Inc., 125 Summer St., 5th Floor, Boston, MA 02110, Attn: DraftKings Opt-Out. 

 

 

 

 

 

 

DraftKings

Get In the Game Promotion (Tier 2)

OFFICIAL RULES


 NO PURCHASE, TEXT, USE OF WIRELESS SERVICE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE, TEXT, OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL U.S. RESIDENTS RESIDING IN AZ, LA, NV, AND WA.  VOID OUTSIDE OF AZ, LA, NV, AND WA, AND WHERE PROHIBITED OR RESTRICTED BY LAW. 

 

IMPORTANT: PLEASE READ THESE OFFICIAL RULES, WHICH ARE A CONTRACT, CAREFULLY BEFORE ENTERING THIS PROMOTION. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. FOR TEXT MESSAGE ENTRIES, STANDARD MESSAGE AND DATA RATES MAY APPLY TO EACH TEXT SENT OR RECEIVED, DEPENDING ON YOUR RATE PLAN. 

 

BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW. 

 

 

  1.  Promotion: Get In the Game Promotion (“Promotion”)

 

  1. SponsorDraftKings, Inc., 222 Berkeley St., 5th Floor, Boston, MA 02116 (“DraftKings” or “Sponsor”) 

 

  1. Administrator: LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Ave., 17th Floor, New York, NY 10001 (“Administrator”).

 

  1. Acknowledgment: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by the Promotion Official Rules (“Official Rules”), the general rules for all promotions and contests offered by Sponsor (“General Rules”), which are incorporated herein by reference, the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Promotion or the Official Rules. In the event of a conflict between these Official Rules and the General Rules in relation to the Promotion, these Official Rules shall govern.

 

As a condition of participating in the Promotion, you agree and acknowledge that Twitter, Inc., and its owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Group”) are not sponsors of the Promotion nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Promotion. All questions regarding the Promotion must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Promotion, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Promotion, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.

 

  1. Eligibility: Promotion is open only to legal United States residents residing in AZ, LA, NV, and WA, who are at least 21 years of age or older at the time of entry. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY OR OTHER REQUIREMENTS IN THESE OFFICIAL RULES OR THE SPONSOR’S TERMS OF USE AVAILABLE ON DRAFTKINGS.COM, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE PROMOTION NOR WIN A PRIZE, AND SPONSOR WILL NOT AWARD A PRIZE TO YOU. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Jameson®, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prize, and wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win the prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner may be required to provide proof of legal residency upon request prior to prize award. Void in all states except for AZ, LA, NV, and WA, and where prohibited or restricted by law.

 

  1. Promotion PeriodPromotion begins on or about 9:00:00 a.m. Eastern Time (“ET”) on September 1, 2019 and ends at 11:59:59 p.m. ET on October 31, 2019 (“Promotion Period”). Eastern Time shall control for all purposes of the Promotion. Sponsor’s computer is the official clock for the Promotion.

 

  1. How to EnterDuring the Promotion Period, eligible individuals may enter in one (1) of two (2) ways: 

 

  1. ENTRY VIA TEXT MESSAGE: You may obtain an entry by text message if you are a wireless service subscriber of a participating mobile carrier. have a short message service (“SMS”) capable mobile phone, handset, or other device (“Device”) and meet the Promotion eligibility criteria detailed in the “ELIGIBILITY” section above. To enter by text message, send the keyword “JAMESON” using the text-messaging feature on your Device to (888) 991-8186 during the Promotion Period. By doing so, you will receive one $20 DraftKings Credit (while supplies last) that you can redeem per the instructions you will receive from the Sponsor via SMS in response to the SMS you send.  If you qualify to receive Draft Kings Credit, you must redeem them during the Promotion Period. The Draft Kings Credit will not be valid after the Promotion Period ends. You will also receive an entry for a chance to win the prize described in section 8 (“Entry”). The Text method of entry is currently designed to work with all of the major carriers in the U.S. Sponsor or Administrator makes no guarantee that any particular wireless service provider will support Text method of entry or continue to support the Text method of entry. By participating in this Promotion via SMS, you certify that you are the account holder of the mobile phone number used for entry, you consent to receive automated notification SMS text messages related to the Promotion and Sponsor or Administrator may contact you by text message or telephone call if you are a potential winner in this Promotion. A text entry is “received” when it is actually recorded on the Administrator’s SMS provider’s text-message servers. Sponsor is not responsible for and will disqualify you if your SMS text message is received before or after the Promotion Period or if it contains an improper or incorrect keyword and/or date of birth or no keyword and/or date of birth at all.  The full terms of use for the Sponsor are located at https://www.draftkings.com/terms-of-use. Participation via SMS is also subject to the Sponsor’s Privacy Policy, available at https://www.draftkings.com/help/privacynotice.

 

NOTE ABOUT MOBILE: You will be charged for standard text messages sent and received from your Device according to the terms in your wireless service provider’s calling or data plan. Normal airtime and carrier charges and other charges may apply to text messages and will be billed on your wireless phone bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on messaging rate plans and charges relating to your participation in this Promotion. Entry in this Promotion via text message is not available on all carriers. Participation in this Promotion via text message means that you understand and agree that you may receive up to four (4) auto-dialed text messages from or on behalf of the Sponsor about the Promotion. Text STOP to (888) 918-1859 to stop receiving texts (a confirmation text will be sent). Text HELP to (888) 918-1859 for help. Consent to receive text messages is not required or a condition of any purchase. Text message entries will be handled by Administrator’s SMS provider. All text message entrants must have an SMS text messaging two-way capable Device and messaging service in order to enter the Promotion using the text messaging method. Text messaging and wireless service are not available in all areas, from all mobile phone service carriers, and with all mobile phones, handsets, or other devices. Check your Device’s capabilities for specific instructions and your wireless service provider’s calling or data plan. 

 

  1. ENTRY VIA MAIL: On a 3”x5” card handprint your name,
     phone number and date of birth and mail in a business size (#10) envelope to: "DraftKings Get In the Game Promotion Entry”, c/o
     LeadDog Marketing Group, 440 Ninth Avenue, 17th Floor, New York, NY 10001. Entries must be postmarked by 10/31/19 and received by 11/7/19. Entries received after 11/7/19 are void.

 

  1. Limit of one (1) entry per person, per Promotion, Device/phone number (as applicable) during the Promotion Period regardless of entry method. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person or e-mail address. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Proof of liking and commenting on the Sweepstakes post does not constitute proof of receipt or entry into the Sweepstakes. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

 

In the event of any dispute concerning the identity of any participant who entered via SMS, the entry will be deemed submitted by the natural person who is the authorized account holder of the Device or phone number used to enter the Promotion (as applicable), but only if that natural person otherwise meets the eligibility requirements set forth in these Official Rules and Sponsor’s Terms of Use and complies with these Official Rules and the Terms of Use. "Authorized Account holder" is defined as the natural person who is assigned to a mobile telephone number (“MTN”) by the wireless service provider that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted MTN.  If a dispute cannot be resolved to Sponsors’ satisfaction, the entry will be deemed ineligible. A corporation is not entitled to claim any prize in this Promotion.

 

  1. Random Drawing: Potential winner will be randomly selected on or about November 11, 2019 from among all eligible entries received during the Promotion Period. Drawing will be conducted by Administrator, an independent organization whose decisions are final and binding on all matters related to the Promotion.

 

  1. Winner Notification: The potential winner will be notified by the Administrator using the information available to Administrator in the potential winner’s entry on or about November 13, 2019. Failure to respond to the initial verification from Administrator within five (5) business days after notification or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification. Potential Prize winner will be required to sign and return within five (5) business days of notification an Affidavit of Eligibility, Release and Indemnification, a tax acknowledgment form (if applicable) and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification, tax acknowledgment form (if applicable) and Publicity Release (where allowed by law) are not returned to Administrator within the specified time period, the potential winner may be disqualified. If a potential winner of any prize is disqualified for any reason, potential winner’s prize will be forfeited without compensation of any kind and will be awarded to an alternate winner selected from all remaining eligible entries received during the Promotion Period and if there is ample time before the Event.  Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case a prize may go unawarded.

 

  1. Prize, Approximate Retail Values (“ARV”) and Odds: PRIZE (1 winner): Prize winner will receive a $500 StubHub® Gift Card that they can use towards purchasing two (2) tickets to a pre-season NFL game for winner and one (1) guest (“Game”). Winner is responsible for transportation to or from Game. Total ARV of Prize: $500.00. Subject to all terms and conditions stated on the StubHub® Gift Card.

 

 

All expenses not specifically mentioned herein are not included and are solely the Prize winner’s responsibility, including but not limited to: transportation to transportation to/from Game, meals, beverages, gratuities, merchandise, and parking. Certain restrictions, as determined by Sponsors, may apply. Sponsor will attempt to accommodate winner’s preferred availability, but all specifics thereof will be at Sponsor’s discretion. If Prize Winner and Guest(s) cannot comply with these restrictions or any other portion of these Official Rules, the Prize will be forfeited in its entirety and an alternate winner will be chosen. Any picture identification requirements associated with attending the Game is the Prize winner and guest’s responsibility. Releasees are not responsible for lost or mutilated tickets and none will be replaced. 

 

Prize winner’s guest must be eighteen (18) years of age or older, or if under the age of majority in his or her state of residence (a “minor”). 

 

By entering this Promotion and accepting the prize, the Prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion or prize-related activity or events. The Prize winner understands and agrees that Sponsor, Administrator, or prize providers have the right, in their sole discretion, to disqualify and remove the Prize winner or his/her guest from any activity at any time if the winner’s or his/her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsors or otherwise violates the policies of the prize providers, and in such a case, the Prize winner will still be solely responsible for all taxes and other expenses related to the prize. 

 

 

Odds of winning the Prize depends on the total number of eligible entries received during the Promotion Period. Each entry will have an equal chance of winning.

 

  1. Additional Prize Restrictions: The Prize will be awarded only if the potential Prize winner fully complies with these Official Rules. Gift card prizes are subject to terms and conditions of use as indicated thereon, which may include expiration date (where lawful). Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsors’ permission in their sole discretion or where required by law. Sponsors in their sole discretion may award a substitute. Any images of prizes/prize components in advertising are for illustrative purposes only. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. All taxes are the sole responsibility of the winner. Sponsor are not responsible for any inability of the winner to accept or use the prize for any reason. Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring his/her prize. Sponsor shall not be held responsible for any delays in awarding prize for any reason. Prize will only be awarded to a verified winner. Sponsor reserves the right to change any component in its sole discretion if such component is unavailable. 

 

NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON- EXCLUDABLE GUARANTEES”). EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE SPONSORS’ OWN PRODUCT(S)/SERVICE(S) THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE), EACH WINNER AGREES THAT HIS/HER PRIZE IS PROVIDED “AS IS.” SPONSORS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the Promotion (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Promotion (or any part thereof). In such event, Sponsor shall conduct the Promotion and make the prize available from among all eligible mail-in entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, electronic entry or text-message entry to be received on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile phone/device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Promotion.

     Participants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE(S) OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

  1. Additional Conditions of ParticipationBy participating, you agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Promotion, you agree to release and hold harmless Sponsor, Administrator, Jameson, and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, death, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, possession, receipt or use/misuse of prize. Released Parties are not responsible for any text message, or other electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account or text message inbox to receive messages. Released Parties are not responsible, and may disqualify you, if your email address, MTN, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize in the event that any of the Promotion activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God.

 

  1. Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating, you also authorize the Sponsor and its respective designees to use your name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winner’s name (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.  

     
  2. Choice of Law and Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or an appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

 

  1. Winner’s Name: For the name of the Prize winner, mail a separate, self-addressed, stamped envelope to: “Get in the Game Promotion Winner Name”, c/o LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Avenue, 17th Floor, New York, NY 10001, no later than 12/31/19. 

 

  1. Privacy Policy: Entrants may receive e-mail correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy, available at https://www.draftkings.com/help/privacynotice. Any questions regarding privacy matters should be directed to the address set forth in the applicable Official Rules for important information regarding the collection, use, and disclosure of personal information by Sponsor.

 

  1. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding fuure promotional or marketing offerings, send your name and address to DraftKings Inc., 125 Summer St., 5th Floor, Boston, MA 02110, Attn: DraftKings Opt-Out. 

 

 

 

 

 

DraftKings

Get In the Game Promotion (Tier 3)

OFFICIAL RULES


 NO PURCHASE, TEXT, USE OF WIRELESS SERVICE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE, TEXT, OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL U.S. RESIDENTS RESIDING IN CA.  VOID OUTSIDE OF CALIFORNIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. 

 

IMPORTANT: PLEASE READ THESE OFFICIAL RULES, WHICH ARE A CONTRACT, CAREFULLY BEFORE ENTERING THIS PROMOTION. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. FOR TEXT MESSAGE ENTRIES, STANDARD MESSAGE AND DATA RATES MAY APPLY TO EACH TEXT SENT OR RECEIVED, DEPENDING ON YOUR RATE PLAN. 

 

BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW. 

 

 

  1. Promotion: Get In the Game Promotion (“Promotion”)

 

  1. SponsorDraftKings, Inc., 222 Berkeley St., 5th Floor, Boston, MA 02116 (“DraftKings” or “Sponsor”) 

 

  1. Administrator: LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Ave., 17th Floor, New York, NY 10001 (“Administrator”).

 

  1. Acknowledgment: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by the Promotion Official Rules (“Official Rules”), the general rules for all promotions and contests offered by Sponsor (“General Rules”), which are incorporated herein by reference, the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Promotion or the Official Rules. In the event of a conflict between these Official Rules and the General Rules in relation to the Promotion, these Official Rules shall govern.

 

As a condition of participating in the Promotion, you agree and acknowledge that Twitter, Inc., and its owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Group”) are not sponsors of the Promotion nor do they endorse or administer the Promotion, nor are they in any way associated with the Promotion. All questions regarding the Promotion must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Promotion, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Promotion, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.

 

  1. Eligibility: Promotion is open only to legal residents of the United States residing in California, who are at least 21 years of age or older at the time of entry. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY OR OTHER REQUIREMENTS IN THESE OFFICIAL RULES OR THE SPONSOR’S TERMS OF USE AVAILABLE ON DRAFTKINGS.COM, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THE PROMOTION NOR WIN A PRIZE, AND SPONSOR WILL NOT AWARD A PRIZE TO YOU. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Jameson®, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prize, and wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win the prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner may be required to provide proof of legal residency upon request prior to prize award. Void everywhere except for the state of California in the United States and void where prohibited or restricted by law.

 

  1. Promotion PeriodPromotion begins on or about 9:00:00 a.m. Eastern Time (“ET”) on September 1, 2019 and ends at 11:59:59 p.m. ET on October 31, 2019 (“Promotion Period”). Eastern Time shall control for all purposes of the Promotion. Sponsor’s computer is the official clock for the Promotion.

 

  1. How to EnterDuring the Promotion Period, eligible individuals may enter in one (1) of two (2) ways: 

 

  1. ENTRY VIA TEXT MESSAGE: You may obtain an entry by text message if you are a wireless service subscriber of a participating mobile carrier. have a short message service (“SMS”) capable mobile phone, handset, or other device (“Device”) and meet the Promotion eligibility criteria detailed in the “ELIGIBILITY” section above. To enter by text message, send the keyword “JAMESON” using the text-messaging feature on your Device to (888) 991-8186 during the Promotion Period. By doing so, you will receive one $20 DraftKings Credit (while supplies last) that you can redeem per the instructions you will receive from the Sponsor via SMS in response to the SMS you send.  If you qualify to receive Draft Kings Credit, you must redeem them during the Promotion Period. The Draft Kings Credit will not be valid after the Promotion Period ends. You will also receive an entry for a chance to win the prize described in section 8 (“Entry”). The Text method of entry is currently designed to work with all of the major carriers in the U.S. Sponsor or Administrator makes no guarantee that any particular wireless service provider will support Text method of entry or continue to support the Text method of entry. By participating in this Promotion via SMS, you certify that you are the account holder of the mobile phone number used for entry, you consent to receive automated notification SMS text messages related to the Promotion and Sponsor or Administrator may contact you by text message or telephone call if you are a potential winner in this Promotion. A text entry is “received” when it is actually recorded on the Administrator’s SMS provider’s text-message servers. Sponsor is not responsible for and will disqualify you if your SMS text message is received before or after the Promotion Period or if it contains an improper or incorrect keyword and/or date of birth or no keyword and/or date of birth at all.  The full terms of use for the Sponsor are located at https://www.draftkings.com/terms-of-use. Participation via SMS is also subject to the Sponsor’s Privacy Policy, available at https://www.draftkings.com/help/privacynotice.

 

NOTE ABOUT MOBILE: You will be charged for standard text messages sent and received from your Device according to the terms in your wireless service provider’s calling or data plan. Normal airtime and carrier charges and other charges may apply to text messages and will be billed on your wireless phone bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on messaging rate plans and charges relating to your participation in this Promotion. Entry in this Promotion via text message is not available on all carriers. Participation in this Promotion via text message means that you understand and agree that you may receive up to four (4) auto-dialed text messages from or on behalf of the Sponsor about the Promotion. Text STOP to (888) 918-1845 to stop receiving texts (a confirmation text will be sent). Text HELP to (888) 918-1845 for help. Consent to receive text messages is not required or a condition of any purchase. Text message entries will be handled by Administrator’s SMS provider. All text message entrants must have an SMS text messaging two-way capable Device and messaging service in order to enter the Promotion using the text messaging method. Text messaging and wireless service are not available in all areas, from all mobile phone service carriers, and with all mobile phones, handsets, or other devices. Check your Device’s capabilities for specific instructions and your wireless service provider’s calling or data plan. 

 

  1. ENTRY VIA E-MAIL: To enter without sending a text message, send an email to DKGetInTheGame@gmail.com . Please type your name,
     phone number and date of birth in the body of the email and hit “send” The subject line of your email should state: "DraftKings Get In the Game Promotion Entry” Entries must be received by 11:59 PM ET on 10/31/19. If you are a winner, Administrator will reply to your email to let you know that you are a winner and will provide you with a $20 DK credit with instructions on how to redeem it. 

 

  1. Limit of one (1) entry per person, per Device/phone number (as applicable) during the Promotion Period regardless of entry method. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person or e-mail address. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Proof of liking and commenting on the Sweepstakes post does not constitute proof of receipt or entry into the Sweepstakes. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

 

In the event of any dispute concerning the identity of any participant who entered via SMS, the entry will be deemed submitted by the natural person who is the authorized account holder of the Device/phone number used to enter the Promotion (as applicable), but only if that natural person otherwise meets the eligibility requirements set forth in these Official Rules and Sponsor’s Terms of Use and complies with these Official Rules and the Terms of Use. "Authorized Account holder" is defined as the natural person who is assigned to a mobile telephone number (“MTN”) by the wireless service provider that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted MTN.  If a dispute cannot be resolved to Sponsors’ satisfaction, the entry will be deemed ineligible. A corporation is not entitled to claim any prize in this Promotion.

 

  1. Winner Selection/Notification: Fifteen hundred (1,500) $20 DraftKings Credits will be awarded to one (1) out of every four (4) valid Entries received within the Promotion Entry Period. If Entrant has entered the Promotion via SMS Entry, s/he will receive an SMS message within 2-5 minutes letting the Entrant know if she or he is a winner or not a winner. If the Entrant has entered via email, s/he will receive a reply to the email they sent within one day letting the Entrant know if she or he is a winner or not a winner. Administrator, an independent organization’s decisions are final and binding on all matters related to the Promotion.

 

  1. Prize, Approximate Retail Values (“ARV”) and Odds: Fifteen hundred (1,500) $20 DraftKings Credits. Total ARV of Prize: $30,000.00. Subject to all DraftKings Terms of Use. Odds of winning: 1 in 4.

 

  1. Prize Restrictions: The Prize(s) will be awarded only if the potential Prize winner fully complies with these Official rules. Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsors’ permission in their sole discretion or where required by law. Sponsors in their sole discretion may award a substitute. Any images of prizes/prize components in advertising are for illustrative purposes only. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. All taxes are the sole responsibility of the winner. Sponsor are not responsible for any inability of the winner to accept or use the prize for any reason. Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring his/her prize. Sponsor shall not be held responsible for any delays in awarding prize for any reason. Sponsor reserves the right to change any component in its sole discretion if such component is unavailable. Prize will only be awarded to a verified winner. 

 

NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON- EXCLUDABLE GUARANTEES”). EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE SPONSORS’ OWN PRODUCT(S)/SERVICE(S) THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE), EACH WINNER AGREES THAT HIS/HER PRIZE IS PROVIDED “AS IS.” SPONSORS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the Promotion (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Promotion (or any part thereof). In such event, Sponsor shall conduct the Promotion and make the prize available from among all eligible mail-in entries received. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, electronic entry or text-message entry to be received on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile phone/device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Promotion.

     Participants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE(S) OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

  1. Additional Conditions of ParticipationBy participating, you agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Promotion, you agree to release and hold harmless Sponsor, Administrator, Jameson, and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, death, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, possession, receipt or use/misuse of prize. Released Parties are not responsible for any text message, or other electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind, or insufficient space in a person’s email account or text message inbox to receive messages. Released Parties are not responsible, and may disqualify you, if your email address, MTN, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize in the event that any of the Promotion activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God.

 

  1. Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating, you also authorize the Sponsor and its respective designees to use your name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winner’s name (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.  

     
  2. Choice of Law and Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or an appropriate Massachusetts State Court located in Suffolk County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

 

  1. Winner’s Name: For the winners list, mail a separate, self-addressed, stamped envelope to: “Get in the Game Promotion Winner Name”, c/o LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Avenue, 17th Floor, New York, NY 10001, no later than 12/31/19. 

 

  1. Privacy Policy: Entrants may receive e-mail correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy, available at https://www.draftkings.com/help/privacynotice. Any questions regarding privacy matters should be directed to the address set forth in the applicable Official Rules for important information regarding the collection, use, and disclosure of personal information by Sponsor.

 

  1. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding fuure promotional or marketing offerings, send your name and address to DraftKings Inc., 125 Summer St., 5th Floor, Boston, MA 02110, Attn: DraftKings Opt-Out.