IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. NO PAYMENT, PURCHASE OR ENTRY FEE NECESSARY. VOID WHERE PROHIBITED.
DraftKings is pleased to announce an exciting new contest, the Patriots vs Cleveland In-Game Showdown Contest (the “Contest”). Entrants to the Contest (“Player” or “Players”) will have the opportunity to compete for the first place prize of two (2) Club Level tickets to the Patriots home game on November 24, 2019.
Approximate Retail Value of the Prizes:
— First (1st) Place Prize: $1,000 for two (2) Club Level Seats
Date and event time subject to change. See contest description for details. (hereinafter, the “Prize”).
Prize does not include any associated costs, including but not limited to transportation, accommodations, parking, and concessions.
RULES OF PLAY
HOW TO ENTER
Contest is only available to users who directly receive and view the push notification from the Gillette Stadium mobile application and are the intended recipient of the push notification. Any individual who is not the intended recipient of the notification or receives the offer via any method except for the Gillette Stadium mobile application shall not be eligible to enter the Contest.
Entering is free. Limit: One (1) entry per person, regardless of method of entry. Multiple entries will automatically result in disqualification.
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.
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 Eli Manning 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.
Players must be 18 (19+ in Nebraska and 21+ in Massachusetts) in years of age or older and a resident of the United States of America. Employees, officers and directors of The New England Patriots or their respective affiliates, officers, directors, or their immediate family members are ineligible to participate in the Contest. Employees of DraftKings, Inc. and the vendors of DraftKings, as well as their 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) are ineligible to participate in the Contest.
Conditions on Claiming Prize
The winners of the Contest, in order to claim either the Prize must:
Where legal, 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 DraftKings and 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;
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 Contest;
Consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Promotion;
Pay all taxes, title, registration fees, and like amounts in connection with the Prize;
Execute other documents as DraftKings and/or the New England Patriots may reasonably request; 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 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.
By entering the Contest, each Player agrees to: (a) comply with and be bound by these Contest Rules and the decisions of DraftKings which are binding and final in all matters relating to the Contest; (b) release and hold harmless DraftKings, the New England Patriots, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, 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 Contest, 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 Contest and/or entrant’s acceptance, use or misuse of the Prize.
WARRANTIES AND CONSENTS
By entering the Contest, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Contest Rules and any applicable policies or, as applicable, (ii) based on these Contest Rules, you are eligible to participate in the Contest, 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 Contest Rules by the DraftKings, in its sole and absolute discretion, which are final and binding in all matters relating to the Contest.
DISCLAIMER OF WARRANTIES
DRAFTKINGS IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAFTKIGNS DOES NOT REPRESENT OR WARRANT THAT THE CONTEST 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 (DRAFTKINGS)
LIMITATION OF LIABILITY (New England Patriots)
New England Patriots LLC “New England Patriots” are in no way responsible for the operation of the Contest or the DraftKings services. By entering the Contest or accepting any prize, all Players expressly agree to forever waive, release, discharge, and covenant not to sue the New England Patriots and/or any of its past and present affiliates, 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 “New England 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 New England Patriots or any New England 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 New England Patriots and all New England 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 New England Patriots or any New England 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.