IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (“Rules”) BEFORE
ENTERING THE UFC 6.3.23 FIGHT NIGHT 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 UFC 6.3.23 Fight Night Portfolio-Gated Contest (the “Contest”), exclusively for DraftKings players who hold at least eight (8) Elite tier UFC Reignmakers fighter card from the Takedown set or at least one (1) Reignmaker tier UFC Reignmakers fighter card from the Takedown set at the time they enter the Contest. 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 June 3rd, 2023.
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 UFC Classic contest rules. Lineups for the Contest may include NFTs from any rarity level. The Game Set for the Contest is the thirteen (13) UFC fights for UFC Fight Night Kara-France vs Albiza on June 3rd, 2023 scheduled to start at 4:00 PM ET. In the event a fight within the Game Set is cancelled, postponed, rescheduled, suspended, or shortened, the DraftKings’ Reignmakers UFC 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. Each of a Contestant’s lineups are treated independently, and scoring is not cumulative across multiple lineups. The Prizes for the Contest will be based on the finishing position of the Contestant. The first (1st) a VIP experience for the winner and a guest at UFC Fight Night at the Apex in Las Vegas, Nevada on July 15th, 2023 which will include: (i) Lower row seating for UFC Fight Night at the Apex in Las Vegas, Nevada on July 15th, 2023; (ii) seven hundred dollars ($700) credited to the winner’s DraftKings account to be used for travel and accommodations; (iii) in-arena hospitality, including entrance to a hospitality lounge and in seat beverage service; (iv) a commemorative UFC Fight Night credential; (vi) a post-fight in-octagon photo; and (vii) red carpet entrance to UFC Fight Night; (approximate retail value of four thousand dollars ($4,000)) ((i) through (vii) together, each a “Grand Prize”). In the event the first (1st) place, the first (1st) place winner may instead choose to take seven hundred dollars ($700) in cash credited to their DraftKings account, in which case the declined Grand Prize will be awarded to the second (2nd) place winner (and third (3rd) place winner in the event the first (1st) place and second (2nd) place winners do not want a Grand Prize). The next fifteen (15) finishing positions after the finishing positions that receive the Grand Prize will receive one (1) Fight Night 6.10.23 Event Pack (approximate retail value of nineteen dollars ninety nine cents ($19.99)). As an example only, in the event first (1st) place elects to not accept a Grand Prize elects to accept a Grand Prize, second place would receive a grand prize and finishing positions third (3) through sixteen (16) will receive one (1) Fight Night 6.10.23 Event Pack. Each Grand Prize winner is responsible for all travel costs and fees and is responsible for scheduling, coordinating, and booking their own transportation and travel, including, but not limited to, to and from airports and hotels, and accommodations, in connection with the Grand Prize. DraftKings shall have no responsibility or liability for a Grand Prize winner’s travel, transportation, or accommodations. Each 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 a 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 that Grand Prize winner.
2. In the event of a tie in the Contest, DraftKings’ standard tiebreaker rules for Reignmakers UFC 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.
2. Each Grand Prize winner and their guest must follow all policies, instructions, and requirements of DraftKings while attending the Grand Prize. Each 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. Each 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 a Grand Prize winner and their guest from participating or attending the Grand Prize in the event the Grand Prize winner or their guest is unable to comply with or violates any health and safety protocols as set forth herein. Each Grand Prize Winner shall be responsible for all act or omissions of their guest.
3. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove a Grand Prize winner and their guest from participation in or attendance at the Grand Prize or any portion thereof and/or deny admission to or remove the Grand Prize winner and their guest from any venues or spaces associated with the Grand 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.
4. 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. EACH 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. EACH 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, EACH 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. EACH 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.
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 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.