NO PURCHASE OR PAYMENT NECESSARY TO PLAY
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, "Contest Rules") BEFORE ENTERING THE MMA DAILY FANTASY SPORTS (“DFS”) CONTEST PRESENTED BY MODELO (hereinafter, the “Contest”) AS THESE CONTEST RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
CONTEST DETAILS AND PRIZE DESCRIPTION
DraftKings is pleased to announce an exciting new Contest on behalf of Crown Imports, LLC (“Sponsor”), exclusively for DraftKings Players. Contestants will have the opportunity to compete against each other to accumulate points for their chance to win the Grand Prize (defined below). The Contest is comprised of three (3) DFS contests (each a “Weekly Contest”), each to be held during the Contest Period, beginning at 12:00 AM Eastern Time (“ET) on February 1, 2021 and ending at 11:59 PM ET on March 31, 2021 (“Contest Period”).
The eligible player that has accumulated the largest number of DFS points from all three Weekly Contests at the conclusion of the Contest Period will be eligible to receive the Grand Prize herein. The Grand Prize shall consist of a three (3)-day/two (2)-night trip for winner and one (1) travel companion to attend a Sponsor-specified MMA fight (“Event”) on dates and a location to be specified by Sponsor. The Grand Prize trip includes round-trip economy air transportation for winner and travel companion from major airport nearest winner’s home (as determined by Sponsor in its sole discretion), two (2) nights’ hotel accommodations (one room, double occupancy), ground transportation from/to airport/hotel, admission tickets for winner and travel companion to the Event, and the opportunity to award the belt to the next champion at the fight (“Opportunity”) with Dana White (Opportunity is subject to availability) (together the “Grand Prize”) (Approximate Retail Value “AR” $5,025; there is no retail value associated with the Opportunity). Players shall be eligible to win other prizes as follows: for each Weekly Contest during the Contest Term, eligible Players who accumulate more daily fantasy sports points than other players in that Weekly Contest will win a share of the $5,000 payout against a prize payout curve as indicated on the Weekly Contest entry page. There will be $15,000 in total cash prizing distributed across the three (3) total Weekly Contests ($5,000 in prizing per Weekly Contest).
No alcohol is awarded with prize.
If one or more eligible DraftKings Players tie for first place in the Grand Prize scoring by accumulating the exact same number of points from the three Weekly Contests throughout the Contest Period, the Grand Prize winner will be the DraftKings Player with the higher single-player fantasy points result for each drafted player in the third and final contest lineup. For example, if DraftKings Player A and DraftKings Player B both finished the Contest Period with the same amount of accumulated points, and Player A's highest fantasy point scoring player in the respective Weekly Contest was Fighter X with 60 fantasy points, and Player B's highest fantasy point scoring player during that week was Fighter Y with 50 fantasy points, then Player A will be deemed the potential Grand Prize winner, subject to eligibility. In the event that both teams have the same highest fantasy point scoring player, the same process will proceed down to the next highest fantasy point scoring player in each roster. In the event of two or more identical rosters, a tiebreaker DFS contest shall be held on the DraftKings website between the first-place lineups at a later date and in DraftKings’/Sponsor’s sole discretion. The winner of said tiebreaker contest shall then be deemed the potential Grand Prize winner, subject to eligibility.
MAXIMUM NUMBER OF ENTRIES
Eligible Players may submit only one (1) entry to each Weekly Contest.
FIRST DEGREE RELATIVES
First degree relatives (i.e., mother, father, sister, brother, daughter, son) living in the same household are subject to the same maximum entry cap for the Contest. For example, a father and son with separate usernames can only have one (1) combined entry to the Contest.
RULES OF PLAY
Players must be 21 years of age or older and legal residents of the fifty (50) United States or the District of Columbia (each, a “player”). Players must also satisfy all other requirements contained herein and at all times abide by these Contest Rules and any affiliated rules hereof. Employees of Sponsor, Don Jagoda Associates, Inc., Zuffa, LLC, their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional agencies (collectively the “Partner Released Parties”), any person affiliated with the alcoholic beverage industry, including but not limited to retailers of alcohol products, and their immediate and extended family members (including but not limited to spouses, domestic partners, parents, children, and siblings) and household members of each (whether related or not) are not eligible to participate or win a prize in the Contest
CONDITIONS ON CLAIMING THE GRAND PRIZE
Where legal, winner 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 Contest in a form reasonably directed by the organizers of the Contest or other representatives of 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;
- Consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Contest;
- Execute other documents as DraftKings may reasonably request;
- 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 Sponsor’s name or reputation.
- In the event he/she is not able to meet the conditions for claiming the Prize, such potential winner shall not be entitled to the Grand Prize, compensation or monetary value whatsoever, and DraftKings and Crown Imports LLC will have no further obligation to the individual and prize will be awarded to the next runnerup, who must follow all the same procedures as the original potential winner.
By participating in this Contest or accepting the Grand Prize, players further acknowledge and agree to the following Grand Prize restrictions:
GRAND PRIZE RESTRICTIONS
The Grand Prize will be awarded only if the potential Grand Prize winner fully complies with these Contest Rules and all affiliated rules hereto. All Grand Prize details are at, and may be modified according to, the sole discretion of DraftKings and any depiction of the Grand Prize, including its description herein, is for illustrative purposes only. DraftKings reserves the right to change any component in its sole discretion if such component is unavailable or commercially unreasonable. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for the Grand Prize or any Grand Prize component will be made, except that DraftKings/Sponsor in its sole discretion may substitute the Grand Prize (or component thereof) of equal or greater value for any reason. The Grand Prize (including MMA Event tickets) may not be sold, transferred, or exchanged under any conditions. All federal, state and local taxes, and all costs and expenses related to the acceptance and use of the Grand Prize not specified herein as being provided, are the sole responsibility of the Grand Prize winner. Any required tax reporting forms will be furnished to the appropriate authorities.
By participating in this Contest or accepting the Grand Prize, players further acknowledge and agree to the following Grand Prize restrictions/requirements, including but not limited to:
Notification/Grand Prize Terms
Potential Grand Prize winner will be notified by Don Jagoda Associates (an independent judging organization), via phone and/or email and will be required to complete and return via email/email link, an Affidavit of Eligibility/Declaration of Eligibility, a Release of Liability and, if legally permissible, a Publicity Release within three (3) days of Don Jagoda Associates’ attempted delivery of same. Noncompliance within any specified time period or return of Grand Prize/Grand Prize notification as undeliverable, or declining Grand Prize for any reason, will result in disqualification without further notice and the DraftKings Player that has accumulated the next largest number of DFS points from the three Weekly Contests at the conclusion of the Contest Period will be deemed the potential Grand Prize winner. Grand Prize winner’s travel companion must be 21 years or older at time of travel and must execute and return a liability/publicity release prior to travel. Sponsor is not responsible for lost, mutilated or stolen travel documents. Grand Prize winner and his/her travel companion must travel on same itinerary and must agree to depart and return on dates specified by Sponsor surrounding the Event, which are subject to change, or Grand Prize will be forfeited. Travel is subject to availability. If the Grand Prize winner is unable to travel on dates specified, prize will be forfeited and the DraftKings Player that has accumulated the next largest number of DFS points from the three Weekly Contests at the conclusion of the Contest Period will be deemed the potential Grand Prize winner (time permitting). Grand Prize is subject to additional restrictions. All travelers must have valid travel documents prior to departure (i.e., REAL ID, passport or other TSAapproved ID; visit www.tsa.gov for a list of TSA-approved IDs). Actual retail value of the Grand Prize may vary. Sponsor is not responsible for, and winner will not receive any difference between, the actual value and ARV of the Grand Prize. Moreover, a prospective Grand Prize winner must (1) meet any travel restrictions established by the United States of America or any other country in which applicable UFC Event is hosted, (2) pass any medical tests or other requirements at any time required or recommended by any government agency, airline, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests and testing negative for COVID-19 and (3) execute any assumption of risk or other documents relating to COVID-19 or the winner’s presence at the applicable event.
Hotel and Flight Accommodations
Once hotel and flight 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. All incidentals not mentioned within the Grand Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Grand Prize winner and his/her travel companion. If the Grand Prize winner lives within a 250-mile radius of Grand Prize destination, Grand Prize winner will receive a $250 travel stipend in lieu of air transportation and no additional compensation for travel will be provided.
Incidental Expenses and General Restrictions
All other expenses and incidental travel costs not expressly stated in these Contest Rules, including but not limited to, hotel costs, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, souvenirs, upgraded room accommodations, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Grand Prize description, are the sole responsibility of the Grand Prize winner and his/her travel companion. The Grand 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 or its designees has not and will not obtain or provide travel insurance or any other form of insurance. Seat location at Event shall be determined in the sole discretion of Sponsor.
The Grand Prize winner and his/her travel companion must follow all instructions of DraftKings or its designees relative to the Grand Prize and any element thereof. In the event the Grand Prize winner or his/her travel companion engages in behavior that, as determined by DraftKings or its designees in either party’s sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, DraftKings or its designees reserves the right to terminate the Grand Prize or other applicable experience early, in whole or in part, and send the Grand Prize winner and his/her travel companion home with no further compensation.
THE GRAND PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
Further, by entering the Contest, you hereby agree to waive all of your rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest.
By entering the Contest, each player 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 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 player in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings and the Partner Released Parties. Notwithstanding the generality of the foregoing, each player further assigns any and all rights he or she may have over his or her Entry to Sponsor without further authorization, compensation or remuneration of any kind.
As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings's ability to grant to the winner the Grand Prize by any cause or occurrence not within DraftKings's reasonable control, including, but not limited to, strike, fire, flood, epidemic, pandemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., COVID 19), 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, or the MMA postponing or cancelling the MMA season or any portion thereof. In the event of a Force Majeure, DraftKings may reschedule the Contest, or may cancel the Contest altogether.
DraftKings reserves the right to alter the Grand Prize at any time in DraftKings's sole discretion upon reasonable notice to you; provided however that any change in the Grand Prize shall be made prior to the beginning of the Contest.