DRAFTKINGS 2023 $600K FANTASY PRO FOOTBALL BEST BALL OFFICIAL RULES AND PARTICIPANTS
2023 $50K BEST BALL PARTICIPANTS
IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS 2023 $600K FANTASY PRO FOOTBALL BEST BALL CONTEST
IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE DRAFTKINGS 2023 $600K FANTASY PRO FOOTBALL BEST BALL CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
1. The DRAFTKINGS 2023 $600K FANTASY PRO FOOTBALL BEST BALL CONTEST (“Contest”) is a one (1) round, private, invite-only, fantasy sports tournament exclusively for DraftKings Daily Fantasy Sports customers who are invited to buy-in or participate in a qualifying tournament for entry into the Contest (each successful entrant a “Contestant” and collectively, the “Contestants”). The Contest will begin at the start of the first (1st) regular season game of the 2023-2024 NFL season (i.e., Week 1) and will continue until the conclusion of the last regular season game of week 17 of the 2023-2024 NFL season (i.e., Week 17). The Contest will be administered and scored according to these Rules.
2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, you agree to be bound by, and subject to, these Rules, the DraftKings Daily Fantasy Sports Terms of Use (available at: https://www.draftkings.com), and the DraftKings Privacy Policy (available at: https://www.draftkings.com). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Policy. In addition to other remedies provided in these Rules or in the DraftKings Daily Fantasy Sports Terms of Use, your failure to comply with these Rules or the DraftKings Daily Fantasy Sports Terms of Use may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined below) as determined by DraftKings in its sole and absolute discretion. Notwithstanding anything to the contrary set forth in these Rules or the DraftKings Daily Fantasy Sports Terms of Use, DraftKings has the right, in its sole and absolute discretion, for any reason or no reason, to disqualify or remove you from the Contest and to effectuate the forfeiture of your Prize or potential Prize.
3. BY ENTERING AND/OR PARTICIPATING IN THE CONTEST YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE CONTEST, THESE RULES, YOUR ENTRY INTO, PARTICIPATION IN OR ATTENDANCE AT THE CONTEST, OR YOUR TRAVEL TO AND FROM THE CONTEST; (2) THE FANTASY SPORTS CONTESTS, CONTENT, PRODUCTS, SERVICES, AND PROMOTIONS ON DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION OR YOUR UPLOADED INFORMATION; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES AND INDIVIDUALS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, THE DRAFTKINGS MOBILE APPLICATION, OR CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (6) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF DRAFTKINGS.COM AND/OR THE DRAFTKINGS MOBILE APPLICATION, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY CONTESTANT’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR PARTICIPATION IN THE CONTEST IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE CONTEST. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE CONTINUATION OF THE CONTEST OR ANY EXPLOITATION OF YOUR UPLOADED CONTENT OR ANY WEBSITE, SERVICES, OR OTHER PROPERTY OWNED OR CONTROLLED BY ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE CONTEST, ANY DRAFTKINGS WEBSITE, OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE CONTEST, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
4. DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Policy at any time, and it is your responsibility to review these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and the DraftKings Privacy Policy for any changes. By entering the Contest or by participating in the Contest after we change these Rules, the DraftKings Daily Fantasy Sports Terms of Use, or the DraftKings Privacy Policy, you accept all changes thereto. Any change in the structure of the Prize (as defined below) shall be made prior to the start of the Contest.
5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the Contest at any time.
6. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove any Contestant(s) and/or individual(s) from participation in or attendance at the Contest and/or deny admission to or remove any Contestant(s) and/or individual(s) from any venues or spaces associated with the Contest, including, but not limited to, in instances where DraftKings determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the individual or Contestant’s entry or selections. By entering or participating in the Contest, you acknowledge and agree that DraftKings has the right, in its sole and absolute discretion, and for any reason or no reason at all, to exclude you from participation in the Contest and/or remove you and your guest(s) from any venues or spaces associated with the Contest, and by entering into or participating in the Contest, you agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against the Company Entities and Individuals, in each case, as it relates to DraftKings’ decisions under this Section.
7. To be eligible to enter and participate in the Contest, each Contestant must: (i) be the owner of the DraftKings account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the DraftKings Daily Fantasy Sports Terms of Use; (iv) be at least eighteen (18) years of age as of the date of the Contest entry, except in jurisdictions, territories, and locations where the minimum age for permissible use of daily fantasy sports is greater than eighteen (18) years old, you must meet the age requirement in the jurisdiction, territory or location you are physically located in while entering and participating in the Contest (nineteen (19) years of age in the event you are physically located in Nebraska or Alabama when participating in the Contest or twenty-one (21) years of age in the event you are physically located in Arizona, Iowa, Louisiana, or Massachusetts when participating in the Contest); (v) be physically located during the Contest in any of the fifty (50) United States and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests; (vi) be physically located in-person in San Diego, California on August 18, 2023 for the live in-person Contest draft; and (vii) not be self-excluded from play on any DraftKings website or mobile application. DraftKings reserves the right to exclude additional state(s) or add additional state(s) under sub-section (v), provided that in the event any such additional state(s) are added, Contestants shall be required to comply with these Rules, as well as any applicable state regulations. Individuals who cannot participate in the in-person live Contest draft in San Diego on August 18, 2023 are not eligible for entry into the Contest.
8. By entering and participating in the Contest, Contestants and any and all guests of Contestants: (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ reasonable requests, including, but not limited to, requests for information; (v) agree, at all times while participating in the Contest, to use their best efforts to uphold the good name, image, and reputation of DraftKings and to refrain from making any statements or engaging in conduct that could damage or bring into disrepute the name, image, and/or reputation of DraftKings; and (vi) agree, at all times while participating in the Contest, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation. In the event the Contestant or his or her guest(s) engages in behavior that, as determined by DraftKings in its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to revoke or reclaim the Contestant’s Prize(s) (in the event any) and/or terminate any applicable experience(s) for the Contestant and/or the Contestant’s guest early, in whole or in part, and send the Contestant and his or her guest(s) home with no further compensation. In such event, and without limiting any other rights of DraftKings, the Contestant may also be required to reimburse DraftKings for the Prize.
B. Entry into the Contest
1. There will be a maximum of twelve (12) Contestants in the Contest. There are two methods of entry into the Contest: buy-in and winning a qualification tournament which awards an entry into the Contest as a prize. Ten (10) of the twelve (12) Contest spots will be reserved for buy-in entry, and two (2) of the 12 Contest spots will be reserved for qualification entry. There is a maximum of one (1) entry into the Contest per person.
2. To enter the Contest through a buy-in, individuals must: (a) receive an invite to enter the Contest through a buy-in method; (b) officially register through their DraftKings account either on a designed DraftKings webpage or on the DraftKings mobile application; and (c) pay fifty thousand U.S. dollars ($50,000) as the Contest entry fee (the “Entry Fee”). The Entry Fee shall be paid according to the following payment schedule: five thousand U.S. dollars ($5,000) upon registration for the Contest and forty-five thousand U.S. dollars ($45,000) by or on August 4, 2023. Failure to pay the Entry Fee according to these Rules may result in Contestant being disqualified from the Contest and replaced. Any Entry Fees paid shall not be refunded.
3. To enter the Contest through a qualifying tournament, Contestants must receive an invite to participate in a qualifying tournament and win one (1) of two (2) DraftKings qualifying tournament contests that award an entry ticket to the Contest as a prize. In the event two (2) or more individuals tie for a qualifying tournament contest for an entry ticket into the Contest, there will be a playoff contest, the details of which will be determined by DraftKings in its sole and absolute discretion, between the tied individuals to determine the individual who wins an entry ticket for the Contest. Contestants may not qualify multiple times for the Contest, and each qualification entry ticket entitles an entrant to one (1) entry into the Contest. In the event a Contestant wins an additional entry(ies) into the Contest after already winning one (1) entry into the Contest, the Contestant will not receive such additional entry(ies) and will not receive or be entitled to any compensation or prizes as a replacement for such additional entries. In the event a Contestant wins a qualifying tournament for entry into the Contest, Contestant will be removed from any other qualifying tournaments for entry into the Contest that have not started and be refunded any amounts paid for buy-in for such qualifying tournaments that the Contestant was removed from. In the event a Contest wins a qualifying tournament for entry into the Contest and Contestant is currently in another qualifying tournament for entry into the Contest that has started, Contestant shall not be eligible to win any prizes in such other qualifying tournaments, but he or she will be refunded any amounts paid for buy-in for such other qualifying tournaments. Individuals who qualify for the Contest cannot transfer their qualification entry ticket to another individual or send a proxy to the Contest. Contestants may be required to film at least one (1) interview and provide testimonials, quotes, or other responsive information with the DraftKings content team before the start of the Contest and one (1) interview and provide testimonials, quotes, or other responsive information during the Contest, as determined by DraftKings in its sole and absolute discretion. The interviews, testimonials, quotes, and other responsive information may be used at DraftKings’ sole and absolute discretion, including, but not limited to, in connection with the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings and/or the Contest. Contestants will wear patches, attire, and/or promotional items as DraftKings may reasonably direct.
C. Operation of the Contest
1. The Contest will consist of one (1) round beginning at the start of the first (1st) regular season game in the 2023-2024 NFL season (i.e., week 1), and the Contest will conclude at the conclusion of the last regular season game in week 17 of the 2023-2024 NFL season.
2. The Contestants will draft their lineup live in-person on August 18, 2023. The draft order will be randomly determined, and the draft will be conducted according to DraftKings’s NFL Best Ball rules and scoring.
3. The Contest will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. The Contest will be administered and scored according to DraftKings’ NFL Best Ball contest rules and scoring. The “Game Set” for the Contest will include all regular games and results from week 1 through week 17 of the 2023-2024 NFL season. There will be no usage of the DraftKings Late Swap feature for the Contest. Lineups will lock and be final at the start of the first regular season game in week 1 of the 2023-2024 NFL season, and no lineup changes will be allowed after lineups are locked.
4. In the event that any of the NFL games within an applicable Game Set in the Contest are canceled, postponed, suspended, or delayed and cannot be completed within the originally scheduled Contest dates, DraftKings may reschedule, delay, postpone, alter, or modify the entire Contest in its sole and absolute discretion to accommodate the start or completion of such Game Set or even cancel or vacate the Contest. In the event a particular game within the Game Set cannot be completed within an appropriate time (as determined by DraftKings in its sole and absolute discretion) after a game within the Game Set has begun, DraftKings reserves the right in its sole and absolute discretion to vacate the results and scoring of the affected and unfinished game in the Game Set, select substitute professional football league games as the new Game Set, modify the Contest dates, and replay the affected Contest on another date (with no carry over scoring, points, or results from the vacated Game Set). In the event that professional football league games cannot be used or completed for a Game Set at any time during the Contest, DraftKings also reserves the right in its sole and absolute discretion to utilize other professional sporting events for which DraftKings customarily offers daily fantasy sport contests as the Game Set or part thereof.
5. For all dates, locations, times, and quantities that are identified in these Rules as “TBD,” DraftKings will update these Rules to include the to be determined information once it is fully and finally determined by DraftKings, and all Contestants consent to DraftKings updating these Rules to include such information once it has been so determined.
D. Contest Winner and Prizes
1. Contest results will be determined by the total points accumulated by the individual lineup entry during the Contest. The prizes for the Contest (a “Prize”) will be based on the finishing position of the lineup entry in accordance with the following:
FINISHING POSITION
PRIZE
1st Place
$400,000
2nd Place
$200,000
Each Contestant will receive accommodations for two (2) in one (1) hotel room in Hotel Del Coronado in San Diego, California for three (3) nights (arriving on August 17, 2023 and checking out on August 20, 2023) (combined approximate retail value of $10,000 ($5,000 per person)). The hotel accommodations are at Hotel Del Coronado in San Diego, California and may be subject to additional restrictions, policies, and requirements imposed by the hotel.
2. In the event of a tie between two (2) or more Contestants, the cash Prizes for the tied positions will be evenly split among each of the tied Contestants. For example, in the event two (2) Contestants tie for first place, the first place Prize and second place Prize would be combined and split equally between the two (2) tied Contestants, and each of the tied Contestants would be awarded three hundred thousand U.S. dollars ($300,000).
3. In order to claim a Prize, the winner must execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfilment. In the event a winner is not able to meet or violates these Rules or the DraftKings Daily Fantasy Sports Terms of Use, as determined by DraftKings in its sole and absolute discretion, that winner may not be entitled to the Prize, or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole and absolute discretion, and DraftKings will have no further obligation to that winner.
4. The winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability is the responsibility of the winner(s).
E. Travel and Accommodations
1. Each Contestant participating in-person in the live draft for the Contest will be permitted to bring one (1) guest to the draft. Any guest of Contestant must be eighteen (18) years of age or older as of the Contest draft date (i.e., August 18, 2023). Guests will not receive any cash or travel and accommodation credits. All Contestants participating in the live Contest draft in person and their guests must follow all policies, instructions, and requirements of DraftKings, the hotel, and the venues for the Contest draft (including but not limited to any age requirements). Contestant is solely responsible for checking any age requirements for his or her guests for attendance. Contestants participating in the live Contest draft in person and their guests must follow all health and safety protocols put in place by DraftKings, the hotel, or the venue for the Contest draft, which may include COVID-19 vaccination requirements, testing requirements, wearing masks, and social distancing. Contestants participating in the Contest draft in person and their guests may additionally be required to sign an assumption of risk or waiver in order to participate in or attend the Contest draft in person. DraftKings may prohibit any Contestant or guest from participating or attending the live Contest draft in person in the event such Contestant or guest refuses to sign an assumption of risk or waiver agreement, is unable to comply with these Rules, or violates any health and safety protocols as set forth herein. Contestants shall be responsible and liable for all acts or omissions of their guests and ensuring their guests comply with these Rules, all policies, instructions, and requirements of DraftKings, the hotel, and venues for the Contest and the Contest draft.
2. CONTESTANTS CHOOSING TO PARTICIPATE IN THE LIVE CONTEST DRAFT IN PERSON AND THEIR GUESTS REPRESENT AND WARRANT THAT ATTENDING THE LIVE CONTEST DRAFT IN PERSON IS WHOLLY VOLUNTARY, AND THAT THEY ARE FULLY AWARE OF THE HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY, ILLNESS, AND DEATH. CONTESTANTS CHOOSING TO PARTICIPATE IN THE LIVE CONTEST DRAFT IN PERSON AND THEIR GUESTS ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES, AND FURTHER ACKNOWLEDGE, AND ACCEPT THE RISKS ASSOCIATED WITH, OTHER FACTORS AND OCCURRENCES THAT MAY IMPACT OR AFFECT THEIR SAFETY, INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS (ALSO KNOWN AS COVID-19, 2019 NOVEL CORONAVIRUS) PANDEMIC AND OTHER POTENTIALLY RELATED DISEASES, ILLNESSES, VIRUSES, AND CONSEQUENTIAL HEALTH EFFECTS. IN PARTICULAR, CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE LIVE CONTEST DRAFT IN PERSON AND THEIR GUESTS UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING THE LIVE CONTEST DRAFT IN PERSON MAY EXPOSE THEM TO COVID-19, WHICH CAN BE SPREAD, AMONG OTHER WAYS, VIA THE AIR, FROM PERSON-TO-PERSON CONTACT, AND/OR BY CONTACT WITH CONTAMINATED SURFACES AND OBJECTS. CONTRACTING COVID-19 CAN CAUSE INJURY, ILLNESS, DEATH, AND/OR DISABILITY, AND MAY REQUIRE OR RESULT IN THE NEED FOR MEDICAL TREATMENT AND/OR MAY RESULT IN A NEED TO QUARANTINE FOR A PERIOD OF TIME. CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE LIVE CONTEST DRAFT IN PERSON AND THEIR GUESTS DO SO AT THEIR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH AND/OR ILLNESS, AND QUARANTINE AND TRAVEL-RELATED EXPENSES ARISING FROM OR IN CONNECTION WITH ATTENDING THE LIVE CONTEST DRAFT IN PERSON.
3. Contestants are responsible for all travel costs and fees and are responsible for scheduling, coordinating, and booking their own transportation to and from the live Contest draft, including travel to and from airports or the hotel. DraftKings shall have no responsibility or liability for Contestants’ transportation. Contestants and their guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that DraftKings has not and will not obtain or provide travel insurance or any other form of insurance.
4. All expenses and incidental travel costs not expressly stated in these Rules, including, but not limited to, travel costs, meals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, room services, minibar, entertainment, personal charges, damage to hotel room, security fees, gratuities, taxes, and/or other expenses, are the responsibility of the Contestant and his or her guest(s).
5. During his or her participating in the live Contest draft, each Contestant shall ensure that his or her guest follows all rules, policies, instructions, and protocols applicable herein to such guest’s conduct. Each Contestant shall be solely responsible for his or her guest’s actions. In the event the Contestant or his or her guest engages in behavior that, as determined by DraftKings in its sole and absolute discretion, violates these Rules, the DraftKings Daily Fantasy Sports Terms of Use, or is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to terminate their participation in or attendance at the live Contest draft, the Contest, or other applicable experience(s) early, in whole or in part, send the Contestant and his or her guest home with no further compensation, and disqualify the Contestant from the Contest.
F. Miscellaneous Terms and Conditions
2. The DraftKings Privacy Policy shall apply to the Contest and to these Rules and is hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Privacy Policy and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Policy. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Policy, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Privacy Policy unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Policy, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Policy. A Contestant’s information will be used subject to the DraftKings Privacy Policy and these Rules. Contestants understand and acknowledge that their selections for the Contest, once locked, shall be made public and displayed on the Contest board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.
3. By entering the Contest, each Contestant agrees to receive promotional, marketing, or otherwise commercial communications from DraftKings. You may opt out of notices from DraftKings regarding future promotional, marketing, or commercial offerings at any time through your account under the Preferences tab by clicking “email preferences.”
4. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant 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 Contestant’s name, username, likeness, photographs, videos, voice, entries, selections, and the like (the “Materials”), in any medium, whether now known or hereafter developed, including without limitation, in any and all advertising, promotions, commercial, and other publicity conducted by DraftKings, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings, DraftKings’s goods or services, or the Contest. Contestant consents to DraftKings’ use and distribution of the Materials in DraftKings’ in print and digital publications, websites, social media accounts, and distribution partners (e.g., syndication). Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to DraftKings without further authorization, compensation, or remuneration of any kind. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant hereby agrees, without any compensation, to sign any releases, assignments, or authorizations related to publicization of Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like. By entering into the Contest, Contestant acknowledges that he or she is aware of and consents to the creation by or on behalf of DraftKings of photographs, sound, audiovisual, marketing and promotional materials, and other materials and content incorporating the Materials and/or in connection with or related to your participation in the Contest. By entering into the Contest, Contestant hereby irrevocably grants DraftKings the royalty-free right to utilize, and authorize its third-party partners to utilize, the Materials and details related to Contestant’s participation in the Contest, throughout the world in perpetuity, in any medium or format whatsoever now existing or hereafter created for any purpose, including but not limited to advertising, marketing, commercial, and/or promotion of DraftKings and/or its affiliates and their businesses, products, and services. By entering into the Contest, Contestant authorizes DraftKings and its third-party partners to edit, amend, abridge the Materials, and change any image, audio, video, testimonial, quote, interview, data, or other information captured or submitted. By entering into the Contest, Contestant waives any right that you may have to inspect and approve the finished product used or to which the Materials may be applied. Any testimonials, quotes, interviews, or other responsive information you provide to DraftKings shall be deemed Materials (as defined above). DraftKings shall be the exclusive owner of all rights, including copyright, in any work product that incorporates the Materials, and, by entering into the Contest, Contestant hereby irrevocably transfers, assigns, and otherwise conveys to DraftKings all rights, title, and interests, in the event any, in and to the Materials or any work product incorporating the Materials and all copyrights and other intellectual property rights in the work product arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.
5. All references to time of day contained herein refer to the prevailing Eastern Time Zone.
6. In the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the Contest, or may cancel the Contest altogether. As used herein, “Force Majeure Event” means the interruption of or material interference with DraftKings’ ability to hold the Contest or to grant the 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.
7. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the Contest or these Rules shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and each Contestant and each Contestant’s guest hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. These Rules shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.
8. Employees of DraftKings or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or cancelled by the Contestant. DraftKings is not responsible for any website performance issue, including, but not limited to, those that result in a delay or prevention of participation in the Contest or a selection for the Contest.
The best interests of the Contest and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. DraftKings shall have the sole and absolute discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.