DRAFTKINGS $40K SUNDAY SURVIVOR OFFICIAL RULES
IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS $40K SUNDAY SURVIVOR PROMOTION
IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE DRAFTKINGS $40K SUNDAY SURVIVOR PROMOTION AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
1. The DraftKings $40K SUNDAY SURVIVOR Promotion (the “Promotion”) is a seventeen-round fantasy NFL survivor contest series. Players who enter the round 1 contest will be eligible for the survivor contest series. Each individual lineup in the contest(s) will advance if they finish in specific positions in each round. The full advancement structure can be found below. The contests will be held on September 10th, 2023 (first round, max 4,705 total contest entries), September 17th, 2023 tiebreaker (second round, round of 4,000), September 24th, 2023 (third round, round of 3,300), October 1st, 2023 (fourth round, round of 2,700), October 8th, 2023 (fifth round, round of 2,200), October 15th, 2023 (sixth round, round of 1,750), October 22nd, 2023 (seventh round, round of 1,350), October 29th, 2023 (eighth round, round of 1000), November 5th , 2023 (ninth round, round of 700), November 12th, 2023 (tenth round, round of 450), November 19th, 2023 (eleventh round, round of 256), November 24th, 2023 (twelfth round, round of 128), December 3rd, 2023 (thirteenth round, round of 64), December 10th, 2023 (fourteenth round, 32), Sunday December 17th, 2023 (fifteenth round, round of 16), December 24th, 2023 (sixteenth round, round of 8), and December 31st, 2023 (seventeenth and final round, round of 4) exclusively for DraftKings. Customers who enter the first-round contest for an entry fee of $10 (up to one-hundred forty-one (141) times) for an opportunity to advance through subsequent Promotion rounds based on their finishing positions (each a “Contestant” and collectively, the “Contestants”). The full advancement and payouts can be viewed below. 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 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 first round of the Contest.
5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the Promotion at any time. In the event DraftKings cancels the Promotion prior to the start of the Promotion, you may be entitled to a refund.
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 Promotion, 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 in any of the fifty (50) 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; and (vi) 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.
8. By entering and participating in the Promotion, Contestants and all guests: (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/her guest 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/her guest 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. Individuals must qualify for the Promotion by submitting up to one-hundred forty-one (141) entries at a $10 entry fee in the round 1 contest. Only DraftKings players that enter the round 1 contest will be eligible to advance throughout the subsequent rounds and compete for the prizes associated with the Promotion. In the event two (2) or more individuals tie for a final advancing position within any round of the Promotion, there will be a tiebreaker 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 advances to the next round of the Promotion.
C. Operation of the Contest
1. The Contest will consist of seventeen (17) rounds.
2. The first round of the Promotion (the “Round 1”) will take place on September 10th, 2023 (the “Round 1 Day”). Round 1 will be played on DraftKings.com. Round 1 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 1 will include the players and results of NFL games contested during the main set on the Round 1 Day. The top four thousand (4,000) Contestants from the Round 1 will qualify for second round of the Promotion (the “Round 2”). In the event two or more Contestants tie for 4,000th place in the Round 1, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 1 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by September 17th on either of those means, entry will go to whichever user(s) place their first entry into R1 first. By way of example only, if three (3) Contestants tie for 4,000th place in the Round 1, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 2, and second and third places will receive nothing, unless otherwise denoted.
3. The Round 2 will take place on September 17th, 2023 (the “Round 2 Day”). The Round 2 will be played on DraftKings.com. The Round 2 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 2 will include the players and results of NFL games contested during the main set on the Round 2 Day. The top three thousand three hundred (3,300) Contestants from the Round 2 will qualify for the third round of the Promotion (the “Round 3”). In the event two or more Contestants tie for 3,300th place in the Round 2, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 2 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by September 24th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 3. By way of example only, if three (3) Contestants tie for 3,300th place in the Round 2, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 3, and second and third places will receive nothing, unless otherwise denoted.
4. The Round 3 will be held on September 24th, 2023 (the “Round 3 Day”). The Round 3 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 3 will include the players and results of NFL games contested during the main set on the Round 3 Day. The top two thousand seven hundred (2,700) Contestants from the Round 3 will qualify for the fourth round of the Promotion (the “Round 4”). In the event two or more Contestants tie for 2700th place in the Round 3, there, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 3 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by October 1st on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 4. By way of example only, if three (3) Contestants tie for 2700th place in the Round 3, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 4, and second and third places will receive nothing, unless otherwise denoted.
5. The Round 4 will be held on October 1st, 2023 (the “Round 4 Day”). The Round 4 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 4 will include the players and results of NFL games contested on the Round 4 Day. The top two thousand two hundred (2,200) Contestants from the Round 4 will qualify for the fifth round of the Promotion (the “Round 5”). In the event two or more Contestants tie for 2,200th place in the Round 4, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 4 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by October 8th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 5. The winner of such tiebreaker contest will receive the final entry for the Round 5. By way of example only, if three (3) Contestants tie for 2200th place in the Round 4, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 5, and second and third places will receive nothing, unless otherwise denoted.
6. The Round 5 will be held on October 8th, 2023 (the “Round 5 Day”). The Round 5 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 5 will include the players and results of NFL games from the main set contested on the Round 5 Day. The top one thousand seven hundred fifty (1,750) Contestants from the Round 5 will qualify for the sixth round of the Promotion (the “Round 6”). In the event two or more Contestants tie for 1750th place in the Round 5, the tiebreaker will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by October 15th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 6. The winner of such tiebreaker contest will receive the final entry for the Round 6. By way of example only, if three (3) Contestants tie for 1750th place in the Round 5, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 6, and second and third places will receive nothing, unless otherwise denoted.
7. The Round 6 will be held on October 15th, 2023 (the “Round 6 Day”). The Round 6 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 6 will include the players and results of NFL games contested in the main set on the Round 6 Day. The top one thousand three hundred fifty (1,350) Contestants from the Round 6 will qualify for the seventh round of the Promotion (the “Round 7”). In the event two or more Contestants tie for 1,350th place in the Round 6, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 6 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by October 22nd on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 7. The winner of such tiebreaker contest will receive the final entry for the Round 7. By way of example only, if three (3) Contestants tie for 1,350th place in the Round 6, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 7, and second and third places will receive nothing, unless otherwise denoted.
8. The Round 7 will be held on October 22nd, 2023 (the “Round 7 Day”). The Round 7 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 7 will include the players and results of NFL games contested in the main set on the Round 7 Day. The top one thousand (1000) Contestants from the Round 7 will qualify for the eigth round of the Promotion (the “Round 8”). In the event two or more Contestants tie for 1000th in the Round 7, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 7 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by October 29th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 8. The winner of such tiebreaker contest will receive the final entry for the Round 8. By way of example only, if three (3) Contestants tie for 1000th place in the Round 7, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 8, and second and third places will receive nothing, unless otherwise denoted.
9. The Round 8 will be held on October 29th, 2023 (the “Round 8 Day”). The Round 8 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 8 will include the players and results of NFL games contested in the main set on the Round 8 Day. The top seven hundred (700) Contestants from the Round 8 will qualify for the ninth round of the Promotion (the “Round 9”). In the event two or more Contestants tie for 8th place in the Round 8, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 8 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by November 5th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 9. The winner of such tiebreaker contest will receive the final entry for the Round 9. By way of example only, if three (3) Contestants tie for 700th place in the Round 8, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 9, and second and third places will receive nothing, unless otherwise denoted.
10. The Round 9 will be held on November 5th, 2023 (the “Round 9 Day”). The Round 9 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 9 will include the players and results of NFL games contested in the main set on the Round 9 Day. The top four hundred fifty (450) Contestants from the Round 9 will qualify for the tenth round of the Promotion (the “Round 10”). In the event two or more Contestants tie for 450th place in the Round 9, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 9 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by November 12th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 10. The winner of such tiebreaker contest will receive the final entry for the Round 10. By way of example only, if three (3) Contestants tie for 450th place in the Round 9, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 10, and second and third places will receive nothing, unless otherwise denoted.
11. The Round 10 will be held on November 12th, 2023 (the “Round 10 Day”). The Round 10 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 10 will include the players and results of NFL games contested in the main set on the Round 10 Day. The top two-hundred fifty-six (256) Contestants from the Round 10 will qualify for the eleventh round of the Promotion (the “Round 11”). In the event two or more Contestants tie for 256th place in the Round 10, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 10 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by November 19th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 11. The winner of such tiebreaker contest will receive the final entry for the Round 11. By way of example only, if three (3) Contestants tie for 256th place in the Round 10, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 11, and second and third places will receive nothing, unless otherwise denoted.
12. The Round 11 will be held on November 19th, 2023 (the “Round 11 Day”). The Round 11 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 11 will include the players and results of NFL games contested in the main set on the Round 11 Day. The top one hundred twenty-eight (128) Contestants from the Round 11 will qualify for the twelfth round of the Promotion (the “Round 12”). In the event two or more Contestants tie for 128th place in the Round 11, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 11 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by November 26th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 12. The winner of such tiebreaker contest will receive the final entry for the Round 12. By way of example only, if three (3) Contestants tie for 256th place in the Round 11, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 12, and second and third places will receive nothing, unless otherwise denoted.
13. The Round 12 will be held on November 26th, 2023 (the “Round 12 Day”). The Round 12 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 12 will include the players and results of NFL games contested in the main set on the Round 12 Day. The top sixty-four (64) Contestants from the Round 12 will qualify for the thirteenth round of the Promotion (the “Round 13”). In the event two or more Contestants tie for 64th place in the Round 12, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 12 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by December 3rd on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 13. By way of example only, if three (3) Contestants tie for 64th place in the Round 12, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 13, and second and third places will receive nothing, unless otherwise denoted.
14. The Round 13 will be held on December 3rd, 2023 (the “Round 13 Day”). The Round 13 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 13 will include the players and results of NFL games contested in the main set on the Round 13 Day. The top thirty-two (32) Contestants from the Round 13 will qualify for the fourteenth round of the Promotion (the “Round 14”). In the event two or more Contestants tie for 32nd place in the Round 13, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 13 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by December 10th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 14. By way of example only, if three (3) Contestants tie for 32nd place in the Round 13, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 14, and second and third places will receive nothing, unless otherwise denoted.
15. The Round 14 will be held on December 10th, 2023 (the “Round 14 Day”). The Round 14 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 14 will include the players and results of NFL games contested in the main set on the Round 14 Day. The top sixteen (16) Contestants from the Round 14 will qualify for the fifteenth round of the Promotion (the “Round 15”). In the event two or more Contestants tie for 16th place in the Round 14, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 14 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by December 17th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 15. By way of example only, if three (3) Contestants tie for 16th place in the Round 14, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 15, and second and third places will receive nothing, unless otherwise denoted.
16. The Round 15 will be held on December 17th, 2023 (the “Round 15 Day”). The Round 15 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 15 will include the players and results of NFL games contested in the main set on the Round 15 Day. The top eight (8) Contestants from the Round 15 will qualify for the sixteenth round of the Promotion (the “Round 16”). In the event two or more Contestants tie for 8th place in the Round 15, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 15 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by December 24th on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 16. By way of example only, if three (3) Contestants tie for 8th place in the Round 15, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 16, and second and third places will receive nothing, unless otherwise denoted.
17. The Round 16 will be held on December 24th, 2023 (the “Round 16 Day”). The Round 16 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 16 will include the players and results of NFL games contested in the main set on the Round 16 Day. The top four (4) Contestants from the Round 16 will qualify for the seventeenth round of the Promotion (the “Round 17”). In the event two or more Contestants tie for 4th place in the Round 16, there will be a tiebreaker contest between the tied Contestants. Tiebreaker for round 16 will be the following day’s Monday Night Football Contest, in the event of another tie or that game gets postponed or cancelled the tiebreaker will take place during the Thursday Night Football slate. If the tiebreaker is unable to be resolved by December 31st on either of those means, entry will go to whichever user(s) finished higher in the previous round. The winner of such tiebreaker contest will receive the final entry for the Round 17. By way of example only, if three (3) Contestants tie for 4th place in the Round 16, there will be a tiebreaker contest between those three (3) Contestants, and the winner will qualify for the Round 17, and second and third places will receive nothing, unless otherwise denoted.
18. The Round 17 will be held on December 31st, 2023 (the “Round 17 Day”). The Round 17 will be administered and scored according to DraftKings’ NFL Classic contest rules. The Game Set for the Round 16 will include the players and results of NFL games contested in the main set on the Round 16 Day.
19. For all 17 of the Round 1, the Round 2, the Round 3, the Round 4, the Round 5, the Round 6, the Round 7, the Round 8, the Round 9, the Round 10, the Round 11, the Round 12, the Round 13, the Round 14, the Round 15, the Round 16, the Round 17 the Game Set will take place on that day in the case there is weather this competition will follow these guidelines and outlined here: https://www.draftkings.com/help/rules/NFL.
13. 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 in each individual round. Players that finish in certain positions during each round will move on to the next round. Full prize information and round-by-round advancement rules can be found ibelow. The prizes for the Promotion (a “Prize”) will be based on the finishing position of the lineup entry in accordance with the following:
PRIZE INFORMATION:
ROUND 1 PRIZES:
1ST – 4000th PLACE: ENTRY TO ROUND 2
ROUND 2 PRIZES:
1ST – 3300TH PLACE: ENTRY TO ROUND 3
ROUND 3 PRIZES:
1ST – 2700TH PLACE: ENTRY TO ROUND 4
ROUND 4 PRIZES:
1ST – 2200TH PLACE: ENTRY TO ROUND 5
ROUND 5 PRIZES:
1ST – 1750TH PLACE: ENTRY TO ROUND 6
ROUND 6 PRIZES:
1ST – 1350TH PLACE: ENTRY TO ROUND 7
ROUND 7 PRIZES:
1ST – 1000TH PLACE: ENTRY TO ROUND 8
ROUND 8 PRIZES:
1ST – 700TH PLACE: ENTRY TO ROUND 9
701ST – 1000TH PLACE: $10
ROUND 9 PRIZES:
1ST – 450TH PLACE: ENTRY TO ROUND 10
451ST – 700TH: $15
ROUND 10 PRIZES:
1ST – 256TH PLACE: ENTRY TO ROUND 11
257TH – 450TH PLACE: $20
ROUND 11 PRIZES:
1ST – 128TH PLACE: ENTRY TO ROUND 12
129TH – 256TH PLACE: $30
ROUND 12 PRIZES:
1ST – 64TH PLACE: ENTRY TO ROUND 13
65TH – 128TH PLACE: $50
ROUND 13 PRIZES:
1ST – 32ND PLACE: ENTRY TO ROUND 14
33RD – 64TH PLACE: $80
ROUND 14 PRIZES:
1ST – 16TH PLACE: ENTRY TO ROUND 15
17TH -32ND PLACE: $160
ROUND 15 PRIZES:
1ST – 8TH PLACE: ENTRY TO ROUND 16
9TH – 16TH PLACE: $320
ROUND 16 PRIZES:
1ST – 4TH PLACE: ENTRY TO ROUND 17
5TH – 8TH PLACE: $640
ROUND 17 PRIZES:
1ST PLACE: $6,000
2ND PLACE: $3,000
3RD PLACE: $2,000
4TH PLACE: $1,090
2. Except in the event of a tie for 4,000th place after the Round 1, (which tie is handled in accordance with Section C.2, above), a tie for 3300th place after the Round 2 (which tie is handled in accordance with Section C.3 above), a tie for 2700th place after the Round 3 (which tie is handled in accordance with Section C.4 above), a tie for 2200th place after the Round 4 (which tie is handled in accordance with Section C.5 above a tie for 1750th place after the Round 5 (which tie is handled in accordance with Section C.6 above), a tie for 1350th place after the Round 6 (which tie is handled in accordance with Section C.7 above) a tie for 1000th place after the Round 7 (which tie is handled in accordance with Section C.8 above) a tie for 700th place after the Round 8 (which tie is handled in accordance with Section C.9 above) a tie for 450th place after the Round 9 (which tie is handled in accordance with Section C.10 above) a tie for 256th place after the Round 10 (which tie is handled in accordance with Section C.11 above) a tie for 128th place after the Round 11 (which tie is handled in accordance with Section C.12 above) a tie for 64th place after the Round 12 (which tie is handled in accordance with Section C.13 above) a tie for 32nd place after the Round 13 (which tie is handled in accordance with Section C.14 above) a tie for 16th place after the Round 14 (which tie is handled in accordance with Section C.15 above) a tie for 8th place after the Round 15 (which tie is handled in accordance with Section C.16 above) a tie for 4th place after the Round 16 (which tie is handled in accordance with Section C.17 above) or 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 in the Round 17, 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 four thousand five hundred dollars ($4,500).
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. Miscellaneous Terms and Conditions
1. The DraftKings Daily Fantasy Sports Terms of Use shall apply to the Promotion, and these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Daily Fantasy Sports Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Daily Fantasy Sports Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings Daily Fantasy Sports Terms of Use, 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 Daily Fantasy Sports Terms of Use, unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Daily Fantasy Sports Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Daily Fantasy Sports Terms of Use.
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 communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.
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, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, in any and all advertising, promotions, 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 or the Contest. 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.
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 Promotion 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.