Terms & Conditions
IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (“Rules”) BEFORE ENTERING THE PGA TOUR MEXICO OPEN PORTFOLIO-GATED CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
1. DraftKings is pleased to announce an exciting new contest, the PGA TOUR Mexico Open Portfolio-Gated Contest (the “Contest”), exclusively for DraftKings players who hold at least one (1) Jon Rahm, Tony Finau, Kurt Kitayama, Brandon Wu, and Davis Riley Reignmakers PGA TOUR golfer cards from the Rare rarity tier or higher (i.e. Rare, Elite, Legendary, or Reignmaker) from any set in their DraftKings Marketplace portfolio wallet at the time they enter the Contest. Cards used in the contest itself need to be Rare rarity tier or higher once gating requirements are met. Each DraftKings player who is eligible to enter the Contest and enters the Contest is referred to as a “Contestant” in these Rules and collectively, the “Contestants”. Each Contestant may have a maximum of one (1) entry into the Contest. Contestants who enter the Contest will have the opportunity to win the prizes set forth in the Prizes section of these Rules (each a “Prize” and collectively the “Prizes”). The Contest will take place on April 27th, 2023 at 8:45AM ET.
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 AND 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, OR 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 UPLOADED 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.
5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the Contest at any time.
7. By entering and participating in the Contest, 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 a Contestant 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 remove the Contestant from the Contest and/or revoke or reclaim the Contestant’s Prize(s) (in the event any). 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. Contestants may enter the contest on DraftKings.com or the DraftKings mobile application. Contestants may not enter the Contest multiple times, and each eligible Contestant may have a maximum of one (1) entry into the Contest.
C. Operation of the Contest
1. The Contest will be held on DraftKings.com and be administered and scored according to DraftKings’ Reignmakers PGA TOUR Classic contest rules. Lineups for the Contest may include NFTs from rarity tier Rare or higher. The Game Set for the Single Entry Contest is the MEXICO OPEN PGA TOUR event on April 27th, 2023 scheduled to start at 8:45AM ET. In the event a round within the Game Set is canceled, postponed, rescheduled, suspended, or shortened, the DraftKings’ Reignmakers PGA TOUR Classic contest rules shall apply.
D. Contest Winner and Prizes
1. Contest results will be determined by the total points accumulated by a Contestant’s lineup. The Prizes for the Contest will be based on the finishing position of the Contestant. The first (1st) and second place winner will receive: VIP experience for two for the Charles Schwab Challenge PGA TOUR event held at Colonial Country Club in Forth Worth, Texas on May 27th-30th which will include: (i) two VIP Cabana Event tickets for Thursday May 27th, 2023 and Friday May 28th, 2023 (2) Elevated, Open Air 10x10 Cabana reserved at Hole 13/14 with front row drink rail seats and TV (ii) Three Thousand ($3,000) cash credited to the winner’s DraftKings account to be used for travel and accommodations; (iii) Complimentary in-venue hospitality with full bar and food service; (iv) Access to Crown Royal Palmer at No. 13 Green and Crenshaw Villages overlooking No. 16, along with Burns Michelob Ultra Athletic Village at No. 8 green with views of No. 9 and No. 12 tees ; (v) Ambassador Check-In at Poolside Plaza; (vi) Silver Parking with VIP Colonial Pool House entrance; (the “Grand Prize”) (approximate retail value of three thousand eight hundred dollars ($3,800) per ticket). In the event the first (1st) place winner does not want the Grand Prize, the first (1st) place winner may instead choose to take five hundred ($500) in cash credited to their DraftKings account, in which case the Grand Prize will be awarded to the third (3rd) place winner. In the event the third (3rd) place winner does not want the Grand Prize, the third place (Third) place winner may also instead choose to take five hundred ($500) in cash credited to their DraftKings account, in which case the Grand Prize will be awarded to the fourth (4th) place winner. In the event the fourth (4th) place winner does not want the Grand Prize, the fourth (4th) place winner may also instead choose to take five hundred ($500) in cash credited to their DraftKings account, in which case the Grand Prize will be awarded to the fifth (5th) place winner. The next ten (10) finishing positions after the finishing position that elects to accept the Grand Prize will receive $500 in cash. As an example only, in the event first (1st) place elects to not accept the Grand Prize and second (2nd) place elects to accept the Grand Prize, finishing positions three (3) through twelve (12) will receive five hundred ($500) dollars. The Grand Prize winner is responsible for all travel costs and fees and to coordinate with DraftKings VIP Experience liaison to determine responsibility for scheduling, coordinating, and booking transportation and travel, but not limited to, to and from airport and hotels, and accommodations, in connection with the Grand Prize. DraftKings shall have no responsibility or liability for the Grand Prize winner’s travel, transportation, or accommodations. The Grand Prize winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that DraftKings has not and will not obtain or provide travel insurance or any other form of insurance. All expenses and incidental travel costs associated with the Grand Prize and not expressly stated in the contest details, 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 the hotel room, security fees, gratuities, taxes, and/or other expenses, are the responsibility of the winner.
2. In the event of a tie in the Contest, DraftKings’ standard tiebreaker rules for Reignmakers PGA TOUR apply. In the event a tie remains after the standard tiebreaker for any position where there are more contestants still tied then there are remaining Prizes, there will be a tiebreaker playoff contest between such still tied Contestants to determine the finishing positions. DraftKings will determine the timing and structure of the tiebreaker playoff contest in DraftKings’ sole and absolute discretion.
4. The Grand Prize winner and their guest must follow all policies, instructions, and requirements of DraftKings while attending the Grand Prize. The Grand Prize winner and their guest must follow all health and safety protocols put in place by DraftKings or the venue while participating in the Grand Prize, which may include COVID-19 vaccination requirements, testing requirements, wearing masks, and social distancing. The Grand Prize winner and their guest may additionally be required to sign an assumption of risk or waiver in order to participate in or attend the Grand Prize. DraftKings may prohibit the Grand Prize winner and their guest from participating or attending the Grand Prize in the event the winner is unable to comply with or violates any health and safety protocols as set forth herein. The Grand Prize Winner shall be responsible for all act or omissions of their guest.
5. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove the Grand Prize winner and their guest from participation in or attendance at the meet and greet and/or show or deny admission to or remove any winners 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 the Company Entities and Individuals, in each case, as it relates to DraftKings’ decisions under this Section.
6. THE PRIZES ARE PROVIDED “AS IS,” AND DRAFTKINGS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRIZES INCLUDING, BUT NOT LIMITED TO, AUTHENTICITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES.
E. Miscellaneous Terms and Conditions
2. THE GRAND PRIZE WINNER REPRESENTS AND WARRANTS THAT ATTENDING THE GRAND 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. THE GRAND PRIZE WINNER ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES, AND FURTHER ACKNOWLEDGES, AND ACCEPTS 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 GRAND PRIZE WINNER UNDERSTANDS AND ACCEPTS THE RISK THAT ATTENDING THE GRAND 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 GRAND PRIZE WINNER PARTICIPATES IN THE GRAND PRIZE 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.
3. The DraftKings Privacy Notice 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 Notice and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Notice. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Notice, 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 Notice unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Notice, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Notice. A Contestant’s information will be used subject to the DraftKings Privacy Notice 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.
4. 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.
5. 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.
6. All references to time of day contained herein refer to the prevailing Eastern Time Zone.
7. 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.
8. 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 travel companion and 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.
9. Employees of DraftKings or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or canceled 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.