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.
DraftKings is pleased to announce an exciting new contest, the New England at San Francisco Football Experience (“Contest”), exclusively for DraftKings Players. The winner will receive an away game trip for two (2) to see New England play at San Francisco on 11/20/16
Approximate Retail Value of the Prizes:
• First (1st) Place Prize: $12,500
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
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.
LIMITATION OF LIABILITY (DRAFTKINGS)
LIMITATION OF LIABILITY (PATRIOTS)
Employees, officers and directors of The Patriots 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 Patriots 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 “Patriots 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 Patriots or any Patriots 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 Patriots and all Patriots 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 Patriots or any Patriots 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.
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.