HIGH STAKES BEER AD
NO PAYMENT, PURCHASE, OR ENTRY FEE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.VOID WHERE PROHIBITED OR RESTRICTED BY LAW.AT THE TIME OF ENTRY INTO THE PROMOTION, YOU MUST: (i) BE A LEGAL RESIDENT OF THE UNITED STATES AND PHYSICALLY LOCATED IN ONE OF THE FIFTY UNITED STATES OR WASHINGTON D.C. WITH THE EXCEPTION OF VIRGINIA; AND (ii) BE AT LEAST TWENTY-ONE (21) YEARS OF AGE.
DK Crown Holdings Inc. (“DraftKings”) is pleased to announce an exciting new promotion, the High Stakes Beer Ad (hereinafter, the "Promotion"). In order to be eligible to participate in the Promotion, entrants to the Promotion (“Player” or “Players”) must, at the time of entry into the Promotion, be twenty-one (21) years of age or older, a legal resident of the United States, and physically located in any of the fifty (50) United States or Washington, D.C., with the exception of Virginia, when entering the Promotion. You may not enter this Promotion in the event you are physically located in Virginia. No purchase is necessary to enter or win the Promotion.In addition, Molson Coors Beverage Company USA LLC (“Coors”) shall hereby be deemed an official "Promotional Partner” of the Promotion and shall expressly be afforded all of the rights, protections, and defenses granted to DraftKings under these Promotion Rules.
Employees of DraftKings and Coors, and each of their respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, and members of each of their immediate families (i.e., spouses, parents, children and siblings, and their respective spouses) and those living in the same household of each are not eligible to participate in the Promotion.
As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by the High Stakes Beer Ad Official Rules (“Official Rules”), the DraftKings General Rules (“General Rules”), and the decisions of DraftKings, whose decisions shall be final and binding in all respects. As a condition of participating in the Promotion, you agree to waive any right to claim ambiguity in the Promotion, the Official Rules, or the General Rules. The General Rules are attached as Exhibit A to these Official Rules and are incorporated herein by reference.
There is only one (1) method of entry into the Promotion. Players must enter the Promotion by answering the twelve (12) prop questions posed by DraftKings (the “Props”) related to the High Stakes Beer Ad commercial to run during the professional football game on February 12, 2023. Each Prop will be multiple choice and have multiple answers for Players to choose from. Players will earn points based on how many Props they answer correctly. Each correct answer is worth one (1) point. DraftKings’ decisions related to the correct answer of a Prop shall be final. The Props will be posted on January 29, 2023, and Players will have until 6:30 p.m. eastern prevailing time on February 12, 2023 (the “Close Date”) to submit their answers to the Props. DraftKings’s computer shall be the official clock for all purposes of the Promotion. You may modify your answers prior to the Close Date. No points will be awarded for answers submitted after the Close Date, and answers may not be modified after the Close Date. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Players finishing position in the Promotion will be based on the number of points accumulated, and Players will be eligible to receive a portion of FIVE HUNDRED THOUSAND DOLLARS ($500,000) (the “Prize”) based on their finishing position as set forth in the table below:
6 - 7
8 - 10
11 - 13
14 – 17
18 – 21
22 – 26
27 – 35
36 – 50
51 – 70
71 – 95
96 – 125
126 – 165
166 – 225
226 – 300
301 – 400
401 – 550
551 – 850
851 – 1350
1351 – 1950
1951 – 2825
In the event more than one (1) Player ties for a particular finishing position in the Promotion, the Players tied for that finishing position will evenly split the Prize associated with that finishing position. As an example only, in the event five (5) Players tie for first place, each of the five (5) players will receive twenty thousand dollars ($20,000).
Entry is limited to one (1) entry per person. Multiple entries will automatically result in disqualification from the Promotion.
Proof of submission of an entry does not constitute proof of receipt of entry by DraftKings or its agents. DraftKings reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed, or similar entry duplication method and to disqualify any individual using such a website, service, or entry method. DraftKings is not responsible for technical difficulties or Internet service disruptions or other equipment or service issues which might affect an online user’s ability to enter and qualify for the Promotion or the ability of DraftKings to notify the winners. Facsimiles or mechanical reproductions will not be accepted, and entrants may not use any other device or artifice to enter in excess of the number of entries allowed. DraftKings shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and DraftKings shall have no obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. All entries become the exclusive property of DraftKings and will not be acknowledged or returned.
The Prize will be deposited directly into the winning Players’ DraftKings accounts. Such deposits shall be made within twenty four (24) hours after February 12, 2023. Odds of winning and the amount a Player may win depend on the number of eligible entries received and the number of correct answers other Players have to the Props.
If you have any questions regarding the Promotion, send an e-mail to email@example.com with the subject line “High Stakes Beer Ad”. For any legally required winners’ list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to DraftKings, 222 Berkeley St, 5th Floor, Boston, MA 02116, Attn: DraftKings “High Stake Beer Ad” Winners’ List. All such requests must be received within three (3) months after the Close Date.
DRAFTKINGS GENERAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Conflict Between Rules: These DraftKings General Rules apply to the Promotion unless modified or superseded by the Official Rules. In the event that any provision of the Official Rules conflicts with any provision of the General Rules, the terms of the Official Rules shall prevail with respect to such matter. DraftKings reserves the right to interpret the rules of the Promotion in its sole discretion, and such interpretation shall be binding upon all Players.
- Entry Restrictions: Any forms of entry other than those described in the Official Rules, including, but not limited to, multiple submissions, submissions using a false identity, submissions made by/on behalf of another individual, or submissions made through the use of a device or artifice to generate multiple submissions are void. False or deceptive submissions or acts may render an entrant ineligible to participate in the Promotion, and DraftKings reserves the right to disqualify any entrant from the Promotion who attempts to undermine the legitimate operation of the Promotion, acts in a disruptive manner, or violates these General Rules or the Official Rules. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the DraftKings account associated with the entry. DraftKings reserves the right to require entrants to show proof of being the authorized account holder. All entries become the property of DraftKings and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.
- Selection of Winners: The potential winner(s) for the Promotion will be determined from all eligible entries received prior to the Close Date. The potential winner(s) of the Promotion will be notified according to the Official Rules.
- Winner Verification:Potential winner(s) are subject to verification of eligibility and compliance with these General Rules and the applicable Official Rules. Except where prohibited by law, potential prize winner(s) may be required to complete and return an affidavit of eligibility and liability and publicity release (“Affidavit”) within the time period reasonably set by DraftKings. In the event a potential prize winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted or a winner notification or Affidavit is returned as undeliverable; (ii) declines or cannot accept, receive, or use a prize for any reason; (iii) does not respond within any specified or applicable time periods; (iv) is found to be ineligible to enter the Promotion or receive a Prize; (v) cannot or does not comply with these General Rules and/or the applicable Official Rules; or (vi) fails to fulfill the Affidavit-related obligations, such potential prize winner may be disqualified from the Promotion and an alternate potential prize winner may be selected, at DraftKings’s sole discretion, even in the event the disqualified potential prize winner’s name has been publicly announced. If DraftKings decides to select an alternate potential prize winner, the alternate will be determined from all eligible entries received during the Entry Period and notified according to the Official Rules for the Promotion. DraftKings reserves the right to repeat this process until an alternate potential prize winner complies with all eligibility and verification requirements. DraftKings also reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate prize winner, if any, in its sole discretion.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY DRAFTKINGS. DRAFTKINGS’ DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION, ANY CHANGES TO THESE GENERAL RULES OR THE OFFICIAL RULES, AND THE SELECTION AND VERIFICATION OF THE POTENTIAL PRIZE WINNER ARE FINAL AND BINDING ON EACH PLAYER IN ALL MATTERS RELATED TO THE PROMOTION.
Prize Restrictions: Each Prize will be awarded only if the potential prize winner fully complies with these General Rules and the applicable Official Rules. All Prize details are at the sole discretion of DraftKings, and any depiction of the Prizes, in Promotion materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement, or cash equivalent for a Prize will be made. DraftKings reserves the right, at its sole discretion, to substitute any Prize for another prize of equal or greater value for any reason.
DraftKings shall have no responsibility or obligation to a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize their Prize. In the event of non-compliance with these General Rules or the Official Rules, or if a Prize is unclaimed or returned as undeliverable, the Prize will be forfeit. A forfeited Prize may be awarded to an alternate potential prize winner, at DraftKings’ sole discretion. Taxes and fees associated with a Prize, if any, are the sole responsibility of the Prize winner. DraftKings is responsible only for Prize delivery and expressly disclaims responsibility for Prize utility, quality, or otherwise.
ALL PRIZES ARE 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.
Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating in the Promotion or accepting a Prize, the Player grants DraftKings and/or DraftKings’ designees the right to use the Player’s name, photograph, likeness, statements, biographical information, voice, city and state address, and other identifying information for advertising and promotional purposes for the Promotion as well as any other advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification, or permission. By participating in the Promotion or accepting a Prize, the Player acknowledges that they will be sharing their personal information with DraftKings, and the Player agrees that DraftKings may use your personal information for marketing and other purposes. You may opt out of notices from DraftKings regarding future promotional or marketing offerings by following the opt-out procedure prescribed by DraftKings.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER’S LIST.
Choice of Law and Disputes: The Promotion will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with the Promotion must be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Except where prohibited by law, each Player agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (iii) no punitive, incidental, special, consequential, or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (iv) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
Conditions of Participation and Limitations of Liability: By participating in the Promotion, each Player accepts the conditions stated in these General Rules and the applicable Official Rules, agrees to be bound by the decisions of DraftKings, and warrants that he or she is eligible to participate in the Promotion.
By participating in the Promotion, Players hereby release, hold harmless, covenant not to sue, and forever discharge DraftKings, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, and advertising agencies, and all others associated with the development and execution of the Promotion, including, without limitation the Promotional Partners, and each of the foregoing entities directors, employees, officers, and agents from and against any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion, including without limitation (i) the administration of the Promotion, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the selection of winners, the announcement of the Prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the Prize or Prize materials and/or (ii) the Player’s participation in the Promotion, their acceptance or use of a Prize, or participation in any Prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy, liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any Prize, or participation in any Prize-related activities.
DraftKings reserves the right at its sole discretion to disqualify any individual from the Promotion who is found to be (i) acting in violation of these General Rules and the applicable Official Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten, or harass any other person.
DraftKings reserves the right to amend these General Rules or the Official Rules at any time, and it is your responsibility to review these General Rules or the Official Rules for any changes. By participating in the Promotion or accepting a Prize after we change these General Rules or the Official Rules, you accept all changes thereto.DraftKings may reschedule, delay, postpone, alter, or modify the Promotion, or cancel the Promotion altogether, in the event DraftKings determines, in its sole discretion, that a Promotion cannot be continued with as contemplated. Without limiting the foregoing, in the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the Promotion, or may cancel the Promotion altogether. As used herein, "Force Majeure Event" shall mean the interruption of or material interference with DraftKings' ability to hold, execute, or administer the Promotion and/or to grant a Prize by any cause or occurrence not within DraftKings ' reasonable control, including, but not limited to, 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. In the event that the Promotion is terminated or cancelled for any reason whatsoever, the approximate retail value of the prize(s) will be awarded to the extent required by law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE DRAFTKINGS’ WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- OPT-OUT: If you do not wish to receive any further notices from DraftKings regarding future promotional or marketing offerings, send an email to firstname.lastname@example.org.