IMPORTANT LEGAL NOTICE REGARDING PROMOTION RULES OF DRAFTKINGS, INC.
IMPORTANT! PLEASE CAREFULLY READ THESE PROMOTION RULES (hereinafter, "Promotion Rules") BEFORE ENTERING THE DRAFTKINGS 100th MILLIONAIRE SPECIAL
PROMOTION AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
PROMOTION DESCRIPTION
DraftKings is pleased to announce an exciting new promotion, DRAFTKINGS 100th MILLIONAIRE SPECIAL PROMOTION (the "Promotion"), exclusively for DraftKings Players who enter the 100th Millionaire Special Contest ($100 Entry Fee). To celebrate DraftKings’ 100th Millionaire Special contest, all entrants into the 100th Millionaire Special Contest shall be eligible for additional free prizing as outlined herein and at the following URL (https://www.draftkings.com/lp/2018-100-millionaire-special) (hereinafter, the "Prize"). DRAFTKINGS 100th MILLIONAIRE SPECIAL PROMOTION is a featured contest where players will compete for standard cash prizes. After the contest, 100 different contest participants will be randomly awarded 100 prizes as displayed at the URL above. All players will be notified if they won a prize on Monday, December 3 by 5:00PM EST.
To qualify for these promotional prizes, a player must enter the 100th Millionaire Special contest before lock time at 1:00 PM EST on Sunday, December 2. Contestants who enter the 100th Millionaire Special contest multiple times shall not have increased odds of winning the promotional prizes outlined herein.
The 100th Millionaire Special prize winners will be randomly selected on Monday, December 3. If you have any questions, please contact support@draftkings.com.
CONDITIONS ON CLAIMING PRIZE
Where legal and as applicable, the winners must consent to the use of his/her name, voice, video, and likeness/photograph in and in connection with the development, production, distribution, commercialization, promotion and/or exploitation of DraftKings and the Promotion in a form reasonably directed by the organizers of the Promotion or other representatives of DraftKings;
Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;
Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;
Agree to be bound by and adhere to all rules and codes of conduct as required by the terms and conditions during your participation in the Promotion;
Consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Promotion;
Execute other documents as DraftKings may reasonably request;
Pay all taxes, title, registration fees, and like amounts in connection with the prizes; and
At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the winner into disrepute, or harm the finalist or winner's name or reputation.
(hereinafter, collectively, the "Requirements").
In the event a winner of a Prize is not able to meet the Requirements for claiming the Prize, such Winner, finalist or winner, as the case may be, shall not be entitled to the Prize or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the Winner, finalist or winner, as applicable. The winners of both the Prize as applicable, must be able to fulfill the Requirements. A Contest winner's failure to fulfill the Requirements shall constitute a disclaimer by the finalist or winner of the Prize or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.
By participating in this Promotion or accepting the Prize, entrants further acknowledge and agree to the following Prize restrictions:
HOTEL ACCOMMODATIONS: Once hotel accommodations have been confirmed, no changes will be allowed except by DraftKings or its designees. Hotel accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement between of the hotel designated by DraftKings. All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges, room services, minibar, incidentals, entertainment, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner and his/her travel companion.
AIRFARE: The winner of the prize shall be responsible for coordinating and booking his/her own transportation, transfers, and similar. DraftKings shall have no responsibility or liability for winner’s transportation, transfers, and similar except for providing the credit outlined above. The winner and his/her guest will be responsible for all airfare costs and fees in excess of the credit.
INCIDENTAL EXPENSES: All other expenses and incidental travel costs not expressly stated in the Promotion Rules, including but not limited to, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Prize winner and his/her travel companion. The Prize winner and his/her travel companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that DraftKings has not and will not obtain or provide travel insurance or any other form of insurance.
NO RESALE: For prizing that includes game tickets or experiences, said prizes may not be transferred, sold, or otherwise assigned without the prior written consent of DraftKings in each instance.
EFFECT OF CONTEST RULES ON TERMS OF USE
The Terms of Use on the DraftKings Website shall apply to the Promotion and to these Promotion Rules, and are hereby incorporated herein by reference. These Promotion Rules are intended to be a supplement to the Terms of Use, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use. To the extent the any provision of these Promotion Rules conflicts with any provision in the Terms of Use, the provision contained in these Promotion Rules shall apply, and the provision contained in these Promotion Rules shall be deemed to supersede the conflicting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Promotion Rules that explicitly conflicts with a provision in the Terms of Use shall these Promotion rules to be deemed to replace or nullify any provision contained in the Terms of Use.
EFFECT OF CONTEST RULES ON PRIVACY POLICY
The Privacy Policy on the DraftKings Website shall apply to the Promotion and to these Promotion Rules, and are hereby incorporated herein by reference. These Promotion Rules are intended to be a supplement to the Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. To the extent the any provision of these Promotion Rules conflicts with any provision in the Privacy Policy, the provision contained in these Promotion Rules shall apply, and the provision contained in these Promotion Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Promotion Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.
LIMITATION OF LIABILITY
The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Promotion and by entering the Promotion you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of use, by the provisions thereof.
MARKETING DISCLAIMER
By entering the Promotion, each players agrees to receive communications from DraftKings, subject to opting out when Entrant so desires. Entrant’s information will not be shared or sold to any outside party.
CONSENT OF USE
Each player who enters the Promotion hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, videos, voices, Entries and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry to the Sponsor without further authorization, compensation or remuneration of any kind.
MISCELLANEOUS
As used herein, a "Force Majeure" event shall mean the interruption of or material interference with DraftKings' ability to grant to the winners the Prize by any cause or occurrence not within DraftKings' reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), or any federal, state or local government law, order or regulation, or order of any court. In the event of a Force Majeure, DraftKings may reschedule the Promotion, or may cancel the Promotion altogether.
DraftKings reserves the right to alter these rules and event at any time in DraftKings' sole discretion upon reasonable notice to you; provided however that any change in the Prize shall be made prior to the beginning of the Promotion.
By participating in the Promotion, the player agrees to be bound by the terms of these Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.