IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, "Contest Rules") BEFORE ENTERING THE $4M FANTASY BASEBALL WORLD CHAMPIONSHIP AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
CONTEST DESCRIPTION
DraftKings is pleased to announce an exciting new contest, the $4M Fantasy Baseball World Championship (hereinafter, the "FBWC Contest"), exclusively for DraftKings Players. FBWC Contestants will have the opportunity to win the Prize (defined below).
To qualify for the FBWC, DraftKings Players must win a “ticket” to the FBWC Contest. The one hundred thirty-five (135) Ticket Winner(s) will win the following: a trip for two (2) to New York City, NY (hereinafter, "New York City"); a $1,000 cash credit to the winner’s DraftKings’ player account for two (2) roundtrip airfares and transportation to/from the airport; and accommodations in downtown New York City for three (3) nights (arriving on August 9, 2018 and departing on August 12, 2018) (collectively, the “Prize”). The approximate retail value of the Prize is $6,000.00, plus the opportunity to win additional prizes in the $4M FBWC Contest on August 11, 2018 and the $100K FBWC Showdown Contest on August 10, 2018 (TX @ NYY). Each Qualifier Winner shall be subject to these FBWC Contest Rules in addition to the contest rules for each Qualifier. Notwithstanding anything to the contrary, DraftKings may elect, in its sole discretion, to offer qualifying contests that will award the opportunity to enter the FBWC Contest only, without the additional travel and trip accommodations referenced above (“Contest Only Qualifiers”). Contest Only Qualifier winners shall enter the FBWC Contests remotely via their computer or mobile device, and shall only receive the FBWC Contest tickets. Said Contest Only Qualifiers shall be clearly labeled as such to all potential entrants.
The $4M FBWC Contest will be held on Saturday, August 11th, 2018 (the “FBWC Contest Day”). The contest will take place on DraftKings.com and be administered and scored according to DraftKings MLB Classic contest rules. These Contest Rules, in conjunction with the DraftKings' Terms of Use and Privacy Policy, shall govern the player eligibility, contest conduct, and rules of play of the FBWC Contest.
The $100K FBWC Showdown Contest will be held on Friday, August 10th, 2018 (the “FBWC Showdown Contest Day”). The contest will take place on DraftKings.com and be administered and scored according to DraftKings MLB Showdown contest rules. These Contest Rules, in conjunction with the DraftKings' Terms of Use and Privacy Policy, shall govern the player eligibility, contest conduct, and rules of play of the FBWC Contest. The Showdown MLB Game for the contest will be the TX @ NYY game.
TIEBREAKERS
If one or more DraftKings Players tie for a Qualifying place in the FBWC Contest, there will be a playoff contest between the tied DraftKings Players, as solely determined by DraftKings, to determine the finalists or winners, as the case may be, of FBWC Contest.
In the event of a tie for any position in the FBWC Live Final Contest, DraftKings’ standard tiebreaker rules apply.
MAXIMUM NUMBER OF ENTRIES
Once a player has accumulated 4 entries to the FBWC Contest they are no longer allowed to win entries in FBWC Contest qualifier contests. If a player chooses to play in additional FBWC qualifier contests after they have won their fourth entry to FBWC and they happen to win an additional qualifier, they will receive $0 for their additional entry and the ticket will be awarded to second place.
If a player wins multiple qualifier contests that were live at the time their fourth entry was accumulated, they will receive the cash value of their additional qualifiers. DraftKings will rerun those additional qualifiers.
A player that accumulates more than one (1) entry to the FBWC Contest has the option to either bring two (2) additional guests per each additional entry earned; or receive 70% cash value of the trip, $3,500, since the $1,000 cash for airfare will have already been credited (“Cash Out Option”). Eligible players that qualify between April 9, 2018 and July 23, 2018 must make this determination by August 1, 2018 or they forfeit the right to make such election and shall lose the right to utilize the Cash Out Option; provided, however, the player shall still be eligible to bring additional guests as outlined herein. For those eligible players that qualify on or after July 23, 2018, those players shall have 5 days to make such determination. Failure to do so will result in a similar loss of the Cash Out Option as described above.
FIRST DEGREE RELATIVES
First degree relatives living in the same household are subject to the same max entry cap for the FBWC. For example, a husband and wife with separate usernames can only win 3 combined entries to the FBWC.
RULES OF PLAY
Except as otherwise stated in or modified by these Contest Rules, the FBWC Contest shall be governed by the DraftKings Terms of Use and Privacy Policy as well as the contest rules located here: http://www.draftkings.com/help/MLB
Eligibility
Players must be 18 (19+ in Nebraska and 21+ in Massachusetts) years of age or older, possess appropriate travel documentation necessary to allow the player to travel to and from New York City at the beginning of the FBWC Contest in order to be eligible for the trip to New York City (hereinafter, the "Prize"), or for the Grand Prize.
Conditions on Claiming Prize
The finalists of the FBWC Contest, in order to claim either the Prize or the Grand Prize, or both as the case may be, must:
Where legal, the finalists, grand prize winner and all guests 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 FBWC Contest in a form reasonably directed by the organizers of the FBWC Contest or other representatives of DraftKings;
Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;
Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;
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 FBWC;
Consent to the release of certain personal information to the DraftKings for purposes related to participation and eligibility for your participation in the FBWC;
Schedule, reserve and provide for your own travel arrangements to and from the hotel in New York City. DraftKings will provide $1,000 for airfare;
Execute other documents as DraftKings may reasonably request;
Respond in a timely manner to DraftKings’ reasonable requests to facilitate trip planning and coordination;
At all times while traveling to, from and while attending the trip to the FBWC, use his/her best endeavors to uphold the good name, image and reputation of DraftKings and shall not make any statements or engage in conduct which could damage or bring into disrepute the name and/or image and/or reputation of DraftKings; and
At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the winner into disrepute, or harm the finalist or winner's name or reputation.
(hereinafter, collectively, the "Requirements").
In the event a finalist or winner of a Prize is not able to meet the Requirements for claiming the Prize, such finalist or winner, as the case may be, shall not be entitled to the Prize, the Grand Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the finalist or winner, as applicable. The player explicitly agrees that by entering the FBWC Contest, the sole prize for becoming a finalist in the FBWC Contest is the Prize with the opportunity to win the Grand Prize. The winners of both the Prize and the Grand Prize, as applicable, must be able to fulfill the Requirements. A finalist's or winner's failure to fulfill the Requirements shall constitute a disclaimer by the finalist or winner of the Prize, the Grand Prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the FBWC Contest.
By participating in this FBWC Contest 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 FBWC Contest 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.
CONDUCT: The Prize winner and his/her travel companion must follow all instructions of DraftKings or its designees relative to the Prize and any element thereof, in addition to the Requirements. In the event the Prize winner or his/her travel companion engages in behavior that, as determined by DraftKings in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, DraftKings reserves the right to terminate the Prize or other applicable experience early, in whole or in part, and send the Prize winner and his/her travel companion home with no further compensation. In such event, the Prize winner may also be required to reimburse the DraftKings for the ARV of the Prize.
EFFECT OF CONTEST RULES ON TERMS OF USE
The Terms of Use on the DraftKings Website shall apply to the FBWC Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Terms of Use, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use. To the extent the any provision of these Contest Rules conflicts with any provision in the Terms of Use, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflcting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Terms of Use shall these Contest rules to be deemed to replace or nullify any provision contained in the Terms of Use.
EFFECT OF CONTEST RULES ON PRIVACY POLICY
The Privacy Policy on the DraftKings Website shall apply to the FBWC Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest 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 Contest Rules conflicts with any provision in the Privacy Policy, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.
LIMITATION OF LIABILITY
The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the FBWC Contest and your travel to and from, and attendance at the FBWC, and by entering the FBWC Contest you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of use, by the provisions thereof.
MARKETING DISCLAIMER
By entering the FBWC Contest, 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 FBWC Contest hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, 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 FBWC Contest, or may cancel the FBWC Contest 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 FBWC Contest.
By participating in the FBWC Contest, the player agrees to be bound by the terms of these FBWC Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.
