IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the Kansas City DraftKings Lounge Experience (“Contest”), exclusively for DraftKings Players. The winner will receive two (2) DraftKings Lounge tickets to see Kansas City play Denver on 12/25/16

Approximate Retail Value of the Prizes:
• First (1st) Place Prize: $500

Travel & hotel are included. Date and event time subject to change. See contest description for details. (hereinafter, each, a “Prize” and collectively, the “Prizes”).

If one or more DraftKings Players tie for the first place winning spot in the Contest the winner will be the DraftKings Player with the highest single-player fantasy points result for each drafted player in the lineup. For example, if DraftKings Player A and DraftKings Player B tied in the daily game, and Player A’s highest fantasy point scoring player was Tom Brady with 30 fantasy points, and Player B’s highest fantasy point scoring player was Cam Newton with 28 fantasy points, then Player A would be judged the winner. 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 identical rosters, the DraftKings Player who submitted the winning lineup first will be deemed the winner.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the 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/NFL.

Eligibility

Players must be 18 (19+ in Alabama and Nebraska, 21+ in Massachusetts) in years of age or older.

Conditions on Claiming Prize

The winners of the Contest, in order to claim either the Prize must:

Where legal, the finalists and winner must consent to the use of his/her name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the Contest in a form reasonably directed by the organizers of the 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;

Execute other documents as DraftKings and/or the Patriots 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 finalist or winner’s name or reputation.

(Hereinafter, collectively, the “Requirements”).

In the event the winner of the Prize is not able to meet the Requirements for claiming the Prize, such finalist or winner 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, as applicable. The player explicitly agrees that by entering the Contest, the sole prize for becoming a finalist in the Contest is the Prize. The winner of the Prize must be able to fulfill the Requirements. The winner’s failure to fulfill the Requirements shall constitute a disclaimer by the winner of the Prize and any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the 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 conflicting 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 any data collected in connection with the Contest. These Contest Rules are intended to be separate from 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 (DRAFTKINGS)

The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Contest and by entering the 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.

LIMITATION OF LIABILITY (CHIEFS)

Employees, officers and directors of The Chiefs or their respective affiliates, officers, directors, or their immediate family members are ineligible to participate in the Contest. By entering the Contest or accepting any prize, all Players expressly agree to forever waive, release, discharge, and covenant not to sue the Chiefs and/or any of its past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively “Chiefs Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all Claims arising out of or in any way related to the Contest; these Official Rules; the legality of these Official Rules or the DraftKings service; the negligence of Chiefs or any Chiefs Related Party; the acceptance, possession, misuse or use of any prize; any travel related to any prize; use of the DraftKings service; and/or any participation in the Contest.

Further, by entering the Contest or accepting any prize, all Players expressly agree to at all times defend, hold harmless, and indemnify the Chiefs and all Chiefs Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Contest; these Official Rules; the legality of these Official Rules or the DraftKings service; the negligence, active or passive, of Chiefs or any Chiefs Related Party; the acceptance, possession, misuse or use of any Prize; any travel associated with any prize; use of the DraftKings service; and any participation in the Contest.

Each Player further agrees that any and all disputes solely between the player and Chiefs which arise out of or is connected with the Contest shall be resolved in accordance with the provisions of the DraftKings Terms of Use. Further, to the extent permitted by law, under no circumstances will a Player be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and each Player further waives all rights to have damages multiplied or increased as to the Chiefs. IN NO EVENT SHALL THE TOTAL LIABILITY OF CHIEFS AND ALL CHIEFS RELATED PARTIES TO A PLAYER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). 

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 Contest, substitute a prize of equal or greater value, or may cancel the Contest altogether.

DraftKings reserves the right to alter these rules at any time in DraftKings’ sole discretion upon reasonable notice to you. The prize is non-transferable and may not be substituted for another event and is not redeemable for cash.

By participating in the Contest, 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. Please see the contest website for the winner.