Terms and Conditions
IMPORTANT! PLEASE CAREFULLY READ THESE PROMOTION RULES (hereinafter, “Promotion Rules”) BEFORE ENTERING THE 2020 BRACKET BATTLE AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
DraftKings is pleased to announce an exciting new promotion, the 2020 Bracket Battle (hereinafter, the “Promotion”). Entrants to the Promotion (“Player” or “Players”) will have the opportunity to win the Grand Prize (defined below) and other prizes. Players must be twenty-one years or older, a resident of the United States of America, Canada (excluding the province of Quebec), the United Kingdom, Austria, Germany, Malta, and Ireland (void where prohibited). No purchase is necessary to enter the Promotion. In addition, Boston Beer Company shall hereby be deemed an official “Sponsor” of the Promotion and shall expressly be afforded all of the rights, protections, and defenses granted to DraftKings under these Promotion Rules.
The eligible Player who wins the Promotion by being the highest scoring Player at the end of the Promotion (the “Winner”) shall receive: FIVE THOUSAND DOLLARS ($5,000) (the “Grand Prize”).
Players will also be eligible for secondary prizes as indicated on the following url for the Promotion – www.draftkings.com/bracketbattle. The total amount of prizes available in the Promotion is $64,000.
In addition to the prizes outlined above, Players may select their own individual prizing for their own group of friends or colleagues. In the instance a Player utilizes this option, DraftKings shall not be responsible for the fulfillment of such prizes and shall only fulfill the prizes outlined above.
RULES OF PLAY
Players shall compete for the most points in the Promotion in accordance with the below scoring rules. Following signup but before the first Tournament match begins on March 19, 2020, Players shall log-in and select winners of each individual matchup of the Tournament. Players earn points by selecting the winner of individual matches of the Tournament. Scoring shall vary based on the Tournament round in accordance with the following table:
Round Points per Correct Pick
First Round 10
Second Round 20
Round of 16 40
Round of 8 80
Round of 4 160
Tournament Game 320
If any singular match of the Tournament ends in an official tie or cancellation, that match shall be removed from this Promotion and all points for that match shall be nullified and eliminated. The Player who achieves the highest point total across all matches in the aggregate using the scoring described herein shall be deemed the “Winner”.
HOW TO ENTER
Entering is free. Limit: One (1) entry/game play per person and per email address during the Promotion Dates, regardless of method of entry. Multiple entries will automatically result in disqualification. All Players must sign up prior to the beginning of the first Tournament match on March 19, 2020. All Players will be required to select outcomes of the individual matches of the Tournament. All Players’ Tournament match selections must be made one (1) minute prior to the official start time of the Tournament. All entries become the property of the DraftKings and will not be returned.
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 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.
MAXIMUM NUMBER OF ENTRIES
Once a Player has accumulated one (1) entry to the Promotion they are no longer allowed to add entries in Promotion.
Players must be twenty-one (21) years of age or older, and a resident of the United States of America, Canada (excluding the province of Quebec), the United Kingdom, Austria, Germany, Malta, and Ireland. Void where prohibited or restricted by law – no purchase necessary. The following individuals are not eligible to win the Promotion: (a) employees of (i) DraftKings, Inc., Boston Beer Company or any of these respective entities’ related companies, (ii) vendors of DraftKings or Boston Beer Company, and (b) the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such individual.
CONDITIONS ON CLAIMING PRIZE
Where legal, the winners 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 Promotion in a form reasonably directed by the organizers of the Promotion 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 Promotion;
Consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Promotion;
Execute other documents as DraftKings may reasonably request;
Pay all taxes, title, registration fees, and like amounts in connection with the prizes; 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 winner of a Grand Prize or other prize is not able to meet the Requirements for claiming the Grand Prize or other Prizes, such Winner, 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 Winner, finalist or winner, as applicable. The winners of both the prizes and the Grand Prize, as applicable, must be able to fulfill the Requirements. A Promotion 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 Promotion.
By participating in this Promotion or accepting the Grand Prize or other prizes, entrants further acknowledge and agree to the following Prize restrictions:
By entering, each Player agrees to: (a) comply with and be bound by these Promotion Rules and the decisions of DraftKings which are binding and final in all matters relating to this Promotion; (b) release and hold harmless DraftKings, Boston Beer Company, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Player’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and © indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Player’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
WARRANTIES AND CONSENTS
By entering the Promotion, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Promotion Rules and any applicable policies or, as applicable, (ii) based on these Promotion Rules, you are eligible to participate in the Promotion, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by DraftKings for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and © agree to be bound by the interpretations of these Promotion Rules by the DraftKings, in its sole and absolute discretion, which are final and binding in all matters relating to the Promotion.
DISCLAIMER OF WARRATIES
DRAFTKINGS IS PROVIDING THE PROMOTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAFTKIGNS DOES NOT REPRESENT OR WARRANT THAT THE PROMOTION OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. DRAFTKINGS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
LIMITATION OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; © unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Player’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, DraftKings, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. One prize per person only. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, DraftKings reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
By entering the Promotion, each Player agrees to receive communications from DraftKings Inc. and Boston Beer Company. Player’s information will not be shared or sold to any outside party. Notwithstanding anything to the contrary, all Players agree to receive communications from DraftKings regarding relevant legislative efforts and other grassroots activities. All Players may opt out of such communications at their discretion
CONSENT OF USE
Each Player who enters the Promotion 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. 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 DraftKings 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’ 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 Promotion, or may cancel the Promotion altogether.
DRAFTKINGS’ DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PLAYER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PLAYER’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND PLAYER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. DRAFTKINGS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE AND IS VOID AND WILL NOT BE HONORED.
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 Promotion.
DraftKings reserves the right to conduct a background check of any criminal records of any prize winner. To the extent necessary and permitted by law, prize winners authorize this background check. DraftKings reserves the right, at its sole discretion, to disqualify any prize winner from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
The value of the prize(s) won by a Player in the Promotion may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099 if necessary. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.
The stated ARV of the prize is based on available information provided to DraftKings. Any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. DraftKings has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
Electronic Entries: In the event of a dispute, online entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service, or other organization that is responsible for assigning email addresses. Potential Winner may be required to show proof of being the authorized account holder. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.