The winner is responsible for any travel costs and fees and is responsible for scheduling, coordinating, and booking their own transportation and travel. DraftKings shall have no responsibility or liability for the winner’s transportation. All expenses and incidental costs not expressly stated in the contest details, including, but not limited to, travel costs, meals, service charges or facility charges, personal charges, gratuities, taxes, and/or other expenses, are the responsibility of the winner.
The winner must follow all policies, instructions, and requirements of DraftKings while attending the prize. The winner must follow all health and safety protocols put in place by DraftKings, the or the venue while attending the prize, which may include COVID-19 vaccination requirements, testing requirements, wearing masks, and social distancing. Winner may additionally be required to sign an assumption of risk or waiver in order to participate in or attend the prize. DraftKings may prohibit the winner from participating or attending the prize in the event the winner is unable to comply with or violates any health and safety protocols as set forth herein. Winner shall be responsible and liable for all acts or omissions of their guests and ensuring their guests comply with all policies, instructions, and requirements of DraftKings and the venue for the prize.
DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove the winner and/or their guests from participation in or attendance at the prize and/or deny admission to or remove any winners and/or their guests from any venues or spaces associated with the prize. You agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against 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”) as it relates to DraftKings’ decisions under this paragraph.
THE WINNER CHOOSING TO PARTICIPATE IN THE PRIZE REPRESENTS AND WARRANTS THAT ATTENDING THE PRIZE IN PERSON IS WHOLLY VOLUNTARY, AND THAT THEY ARE FULLY AWARE OF THE HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY, ILLNESS, AND DEATH. WINNERS CHOOSING TO PARTICIPATE IN THE PRIZE 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, THE WINNER WHO CHOOSE TO PARTICIPATE IN THE PRIZE UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING THE PRIZE 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. THE WINNER WHO CHOOSE TO PARTICIPATE IN THE PRIZE DOES SO AT THEIR OWN RISK AND ASSUMES 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 PRIZE.
BY ENTERING AND/OR PARTICIPATING IN THE BRACKET CHALLENGE OR ATTENDING THE PRIZE, YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO THE BRACKET CHALLENGE AND PARTICIPATION IN THE PRIZE AS SET FORTH IN THIS PARAGRAPH. UNDER NO CIRCUMSTANCES SHALL 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 THE BRACKET CHALLENGE, PARTICIPATION IN OR ATTENDANCE AT THE PRIZE, OR YOUR TRAVEL TO AND FROM THE PRIZE, 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, 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). YOUR PARTICIPATION IN THE PRIZE IS AT YOUR RISK. BY ENTERING INTO AND PARTICIPATING IN THE BRACKET CHALLENGE AND/OR THE PRIZE, 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.
