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DRAFTKINGS 2024 $300,000 KING OF THE BASELINE CONTEST OFFICIAL RULES

DRAFTKINGS 2024 $300,000 KING OF THE BASELINE CONTEST OFFICIAL RULES - TERMS & CONDITIONS

IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS 2024 $300,000 KING OF THE BASELINE CONTEST

IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE DRAFTKINGS 2024 $300,000 KING OF THE BASELINE CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

  • Rules and Eligibility
  • The DraftKings 2024 $300,000 King of the Baseline Contest (“KOTB”, “KOTB Contest”, or “Contest”) is a three (3) round fantasy sports tournament exclusively for DraftKings Daily Fantasy Sports customers who qualify for entry into the Contest (each a “Contestant” and collectively, the “Contestants”). Each round of the Contest will be held on the following dates: all three (3) rounds will be held between August 26, 2024 and September 8, 2024. The first round of the KOTB Contest will be held between August 26, 2024 and August 29, 2024. The second round of the KOTB Contest will be held between August 30, 2024 and August 31, 2024. The third round of the KOTB Contest will be held between September 1, 2024 and September 8, 2024. The Contest will be administered and scored according to these Rules.
  • 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 Notice (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 Notice. 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.
  • 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 INC., 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 TRAVEL TO AND FROM THE FINAL ROUND OF 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 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.
  • DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Notice at any time, and it is your responsibility to review these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and the DraftKings Privacy Notice 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 Notice, 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.
  • DraftKings reserves the right to change, modify, suspend, delay, or cancel the KOTB or the KOTB Contest Day (including, without limitation, the start and end dates of each of the three (3) rounds of the KOTB) at any time.
  • 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 individuals 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.
  • To be eligible to enter and participate in the KOTB, each Contestant must: (i) be the owner of the DraftKings account under which the Contest 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) United States or Washington, D.C., 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) not be self-excluded from play on any DraftKings website or mobile application; (vii) not be included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (viii) not be banned from playing on any DraftKings website or mobile application; and (ix) maintain any DraftKings accounts in good standing. DraftKings reserves the right, in its sole and absolute discretion, 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.
  • By entering and participating in the KOTB, Contestant(s) and all guest(s) of Contestant(s): (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(s) early, in whole or in part, and sent the Contestant and his or 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.
  • Entry into the Contest
  • Individuals must qualify for the Contest by winning one (1) of one hundred (100) DraftKings qualifying tournaments that award an entry ticket to the KOTB as a prize. In the event two (2) or more individuals tie in a qualifying tournament for an entry ticket into the KOTB, there will be a playoff contest, the details of which (including, without limitation, any tiebreaker mechanisms or procedures to be use in the event of a tie in the playoff) will be determined by DraftKings in its sole and absolute discretion, between the tied individuals to determine the individual who qualifies for the KOTB. Contestants may qualify multiple times for the Contest (subject to the maximum described below), and each qualification ticket entitles a Contestant to one (1) entry into the Contest. Each Contestant may have a maximum of five (5) entries in the Contest, and each of a Contestant’s entries will be treated independently from one another (i.e., the points earned by each entry will not be aggregated). In the event a Contestant wins an additional entry(ies) into the Contest after already winning five (5) entries 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. Notwithstanding the foregoing, in the event a Contestant wins a qualifying tournament that is live at the time the Contestant wins his or her fifth (5th) entry into the KOTB, the Contestant will receive the cash value of the additional entry of THREE THOUSAND U.S. DOLLARS ($3,000). There will be a maximum of one hundred (100) Contestants in the KOTB. Individuals who qualify for the KOTB cannot transfer or assign their qualification to another individual or send a proxy to the Contest. For no additional compensation or renumeration, Contestants may be required to film at least one (1) interview with the DraftKings content team before the start of Contest and one (1) interview during the Contest or weekend of the final round Contest, as determined by DraftKings in its sole and absolute discretion. The interviews may be used for no additional compensation or renumeration to Contestant and 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 KOTB. For no additional compensation and renumeration, Contestants will wear patches, attire, and/or promotional items as DraftKings may reasonably direct.
  • Operation of the Contest
  • The Contest will consist of three (3) rounds beginning with the first round which will have one hundred (100) Contestants.
  • The first round of the KOTB (the “KOTB Round of 100”) will take place between August 26, 2024 and August 29, 2024. The KOTB Round of 100 will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. The KOTB Round of 100 will be administered and scored according to DraftKings’ Tennis Classic contest rules. The Game Set for the KOTB Round of 100 will include the players and results of men’s and women’s professional tennis matches on specific day between August 26, 2024 and August 29, 2024 (the “KOTB Round of 100 Contest”). There will be no usage of the DraftKings Late Swap feature for the KOTB Round of 100 Contest. Lineups will lock and be final at the start of the first men’s or women’s professional tennis match in the Game Set for the KOTB Round of 100 Contest and no changes will be allowed. The Contestants who finish in the top fifty (50) finishing positions from the KOTB Round of 100 Contest will qualify for the second round of the KOTB (the “KOTB Round of 50”). Scoring between rounds of the Contest is not cumulative. In the event two (2) or more Contestants tie for 50th place in the KOTB Round of 100 Contest, there will be a playoff contest between the tied Contestants, the details of such playoff contest (including any tiebreak mechanisms or procedures to be used in the event of a tie in the playoff) to be determined by DraftKings in its sole and absolute discretion, to determine who will receive the final entry to the KOTB Round of 50 Contest. The winner of such playoff contest will receive the final entry to the KOTB Round of 50 Contest, and the remaining Contestants will receive the Prize, if any, for their finishing position beginning with 51st place. By way of example only, if three (3) Contestants tie for 50th place in the KOTB Round of 100 Contest, there will be a playoff contest between those three (3) Contestants, and the winner will finish in the 50th finishing position for the KOTB Round of 100 Contest and qualify for the KOTB Round of 150 Contest, second place will receive the Prize for the 51st finishing position, and third place will receive the Prize for the 52nd finishing position. Contestants who finish in the 51st finishing position through the 100th finishing position in the KOTB Round of 100 Contest will receive the respective Prize indicated in the table below in Section D1. There will be no usage of the DraftKings Late Swap feature for the KOTB Round of 100 Contest.
  • The KOTB Round of 50 will take place between August 30, 2024 and August 31, 2024 after the conclusion of the Round of 100. The KOTB Round of 50 will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. The KOTB Round of 50 will be administered and scored according to DraftKings’ Tennis Classic contest rules. The Game Set for the KOTB Round of 50 will include the players and results of men’s and women’s professional tennis matches starting between August 30, 2024 and August 31, 2024h after the conclusion of the Round of 100 (the “KOTB Round of 50 Contest”). There will be no usage of the DraftKings Late Swap feature for the KOTB Round of 50 Contest. Lineups will lock and be final at the start of the first men’s or women’s professional tennis match in the Game Set for the KOTB Round of 50 Contest and no changes will be allowed. The Contestants who finish in the top twenty five (25) finishing positions from the KOTB Round of 50 Contest will qualify for the final round of the KOTB (the “KOTB Final”). Scoring between rounds of the Contest is not cumulative. In the event two (2) or more Contestants tie for 25th place in the KOTB Round of 50 Contest, the same tiebreaker rules from the KOTB Round of 100 Contest will be used to determine who will receive the final entry for the KOTB Final. The winner of the tiebreaker will be placed in the 25th finishing in the KOTB Round of 50 Contest position and receive the final entry for the KOTB Final, and the remaining Contestants will receive the Prize for their finishing position, beginning with the 26th place. By way of example only, if three (3) Contestants tie for 25th place in the KOTB Round of 50 Contest, there will be a playoff contest between those three (3) Contestants, and the winner will be placed in the 25th finishing position and qualify for the KOTB Final Contest, second place will receive the Prize for the 26th finishing position, and third place will receive the Prize for the 27th finishing position. Contestants who finish in the 26th finishing position through the 50th finish position in the KOTB Round of 150 Contest will receive the respective Prize indicated in the table below in Section D1. There will be no usage of the DraftKings Late Swap feature for the KOTB Round of 150 Contest.
  • The final round of the Contest, the KOTB Final, will be held between September 1, 2024 and September 8, 2024 after the conclusion of the Round of 50. The KOTB Final will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports mobile application. Scoring between rounds of the KOTB is not cumulative. The Game Set for the KOTB Final Contest will include the players and results of men’s and women’s professional tennis matches beginning between September 1, 2024 and September 8, 2024 after the conclusion of the Round of 50 (the “KOTB Final Contest”). There will be no usage of the DraftKings Late Swap feature for the KOTB Final Contest. Lineups will lock and be final at the start of the first men’s or women’s professional tennis match in the Game Set for the Final Contest and no changes will be allowed. If the Game Set for the KOTB Final Contest is canceled, postponed, delayed, or otherwise will not take place, DraftKings will host the KOTB Final Contest online on a later date TBD with a Game Set TBD in DraftKings’ sole and absolute discretion.
  • In the event that any of the professional tennis matches within an applicable Game Set in the Contest are canceled, postponed, suspended, or delayed and cannot be completed within the originally scheduled Contest round dates, DraftKings may reschedule, delay, postpone, alter, or modify the Contest or a round of the Contest in its sole and absolute discretion to accommodate the start or completion of such Game Set or even cancel or vacate the Contest or a round of the Contest. In the event a particular Game Set cannot be completed within an appropriate time (as determined by DraftKings in its sole and absolute discretion) after a Game Set within a Contest round has begun, DraftKings reserves the right in its sole and absolute discretion to vacate the results and scoring of the affected and unfinished Game Set, select substitute professional tennis matches as the new Game Set, and replay the affected Contest round on another date (with no carry over scoring, points, or results from the vacated Game Set). In the event that professional tennis matches cannot be used or completed for a Game Set in any round of 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.
  • 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.
  • Contest Winner and Prizes
  • Contest results will be determined by the total points accumulated by the individual lineup entry on the KOTB Contest Day. Points accumulated prior to the KOTB, including, without limitation, in any KOTB qualifying contests, will not be counted. The prizes for the Contest (a “Prize”) will be based on the finishing position of the lineup entry in accordance with the following:

Place

Prize

1st

$100,000

2nd

$40,000

3rd

$15,000

4th

$10,000

5th

$7,000

6th

$6,000

7th – 8th

$5,000

9th – 10th

$4,000

11th – 12th

$3,000

13th – 14th

$2,500

15th – 17th

$2,000

18th – 25th

$1,500

26th – 50th

$1,250

51st – 75th

$1,000

76th – 100th

$750

  • Except in the event of a tie for 50th place in the KOTB Round of 100 Contest or 25th place in the KOTB Round of 50 Contest (which such ties are handled in accordance with Sections C.2 and C.3 above) in the event of a tie between two (2) or more Contestants for a cash Prize, 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 Finals round of the Contest, the first place Prize and second place Prize for the Finals round of the Contest would be combined and split equally between the two (2) tied Contestants, and each of the tied Contestants would be awarded SEVENTY THOUSAND U.S. DOLLARS ($70,000).
  • 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.
  • 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).
  • Miscellaneous Terms and Conditions
  • The DraftKings Daily Fantasy Sports Terms of Use shall apply to the KOTB, 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.
  • 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.
  • 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.
  • 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.
  • All references to time of day contained herein refer to the prevailing Eastern Time Zone.
  • 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.
  • 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.
  • 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.