2024 DRAFTKINGS WEEKEND OBSERVATIONS PRESENTED BY MILLER LITE FREE-TO-PLAY PREDICTION POOL CONTEST OFFICIAL RULES – TERMS & CONDITIONS
IMPORTANT LEGAL NOTICE REGARDING 2024 DRAFTKINGS WEEKEND OBSERVATIONS PRESENTED BY MILLER LITE FREE-TO-PLAY PREDICTION POOL CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANSED OF WINNING. VOID WHERE PROHIBITED BY LAW. IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE 2024 DRAFTKINGS-MILLER LITE’S WEEKEND OBSERVATIONS FREE-TO-PLAY PREDICTION POOL CONTEST. THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
1. The 2024 DraftKings Weekend Observations Presented by Miller Lite Free-To-Play Prediction Pool Contest (“Contest”) is a free-to-play daily fantasy sports (DFS) prediction pool contest about The Dan Le Batard Show with Stugotz Weekend Observations segment scheduled for October 28th, 2024 (“Program”) exclusively for DFS DraftKings customers who enter the Contest (each, a “Contestant” and, collectively, “Contestants”). The Contest will be administered and scored according to these Rules.
2. By entering the Contest 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.
3. BY ENTERING AND/OR PARTICIPATING IN THE CONTEST OR ACCEPTING THE PRIZE(S) YOU UNDERSTAND AND AGREE THAT DRAFTKINGS INC. AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST AND/OR ACCEPTANCE OF THE PRIZE(S) AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS INC. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “RELEASED 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, YOUR ACCEPTANCE OF THE PRIZE(S); (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 RELEASED 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 RELEASED 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 RELEASED 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 RELEASED ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE RELEASED 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 AND/OR ACCEPTANCE OF A PRIZE 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 RELEASED ENTITIES AND INDIVIDUALS, THE DAMAGES, IF 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 RELEASED 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.
4. DraftKings reserves the right to amend these Rules, the Daily Fantasy Sports Terms of Use, or the DraftKings Privacy Notice at any time, and it is your responsibility to review these Rules, the 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 Daily Fantasy Sports Terms of Use, or the DraftKings Privacy Notice, you accept all changes thereto.
5. DraftKings reserves the right to change, modify, suspend, delay, or cancel this Contest at any time.
6. DraftKings reserves the right, in its sole discretion, to exclude any individual(s) or remove any Contestant(s) from participation in 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.
7. To be eligible to enter and participate in the Contest, 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 twenty one (21) years of age as of the date of the Contest entry; (v) be physically located in any of the fifty (50) U.S. states or Washington, D.C. when you enter the Contest; (vi) not be voluntarily or involuntarily excluded (including self-exclusion) from play on DraftKings; (vii) not be included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (viii) not be temporarily or permanently banned from playing on any DraftKings website or mobile application; and (ix) maintain any DraftKings accounts in good standing.
You may create an Online DraftKings Account at https://draftkings.com and clicking the “Sign Up” button. Creating an account is free.
8. By entering or 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.
B. Entry into the Contest
1. Entry into the Contest is free. There is a maximum of one (1) entry into the Contest per Contestant. Contestants can enter the Contest at any time prior to the Program. To enter the Contest, individuals must officially register through their DraftKings DFS account, either at www.draftkings.com or on the DraftKings mobile application. Individuals can enter the Contest through the Contest lobby. The Contest will be administered and scored according to DraftKings’ standard pool contest rules utilizing DraftKings’ standard pools scoring system and rules. The Contest will conclude after completion of The Dan Le Batard Show with Stugotz Weekend Observations segment scheduled for October 28th, 2024.
C. Operation of the Contest
1. The Contest will be administered and scored according to DraftKings’ DFS standard pools contest rules which utilizes DraftKings’ standard pools scoring system. Free to play pools are DFS contests with no entry fee where your picks are placed against the picks of other entrants who have entered the same contest. In a prediction pool contest, entrants try to pick the correct outcomes from a series of questions about a specific event or series of events and receive points for correct selections. Contestants are ranked based on points received with the winner receiving the most points.
D. Contest Winner and Prizes
1. The Contest will award the following “Prize” described in paragraph 2 below. The results of the Contest will be determined by the total points accumulated by a Contestant’s correct picks based on DraftKings’ standard pool contest scoring.
2. The winner (i.e., 1st place) of the Contest Prize will receive: (i) a tour of the “Dan Le Batard and Friends” studio in Miami, FL and meet and great with Dan Le Batard and Friends talent on a Thursday, November 21st for the Contest winner and one (1) guest on a date to be determined by DraftKings; (ii) FOUR THOUSAND U.S. DOLLARS ($4,000) to cover the Contest winner and one (1) guest’s travel and hotel accommodations to Miami, FL; (iii) VIP experience at Dan Le Batard and Friends TNF Watch Party in Miami on Thursday, November 21st for Contest and one (1) guest. Contest winner will be responsible for booking his or her own travel and hotel accommodations for himself or herself and his or her guest. Sponsor will deposit the $4,000 directly into the Contest winner’s DraftKings DFS account to be used for travel and hotel accommodations. Total Prize value is FOUR THOUSAND EIGHT HUNDRED U.S. DOLLARS ($4,800).
3. In the event of a tie for the Prize (i.e., first (1st) place) between two (2) or more Contestants, and solely for determining the first (1st) place winner of the Contest, there will be a DFS playoff contest, the details of which will be determined by DraftKings in its sole and absolute discretion between the tied Contestants to determine who wins first (1st) place and wins the Prize.
4. DraftKings will fulfill the cash Prizes. In order to claim a Prize, the Prize winner must execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfillment. In the event a Prize winner is not able to meet or violates these Rules or the DraftKings DFS Terms of Use, as determined by DraftKings in its sole discretion, that Prize winner may not be entitled to the Prize, or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole discretion, and DraftKings will have no further obligation to that Prize winner.
5. The Prize winners 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 Prize winners. Each Prize winner receiving a Prize exceeding $600 in value in a calendar year must provide DraftKings with valid identification and a valid taxpayer identification number or social security number before a Prize will be awarded, and such Prize winner(s) will be issued an IRS Form 1099 reporting the value of such Prize to the IRS.
E. Miscellaneous Terms and Conditions
1. The DraftKings DFS Terms of Use shall apply to the Contest and these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings DFS Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings DFS Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings DFS 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 DFS Terms of Use unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings DFS Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings DFS Terms of Use. For the avoidance of doubt, the limitation of liability contained in the DraftKings DFS Terms of Use shall be deemed to apply to your participation in the Contest.
2. 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.
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, 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.
5. All references to time of day contained herein refer to the 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” shall mean the interruption of or material interference with DraftKings’ ability to hold the Contest or to grant the Prize(s) 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. Employees of DraftKings, Meadowlark Media, and Molson Coors and each of their respective affiliates, officers, directors, employees, employees of their agents, advertising, public relations, and promotion agencies, and members of each of their immediate families (i.e. spouses, parents, children and siblings, and their respective spouses) and those living in the same household of each of the foregoing are not eligible to enter 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.
8. In the event of any questions regarding the Contest, send an email to support@draftkings.com with the subject line “2024 DraftKings-Miller Lite’s Weekend Observations Free-To-Play Prediction Pool Contest”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules.
9. For any legally required winner list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to DraftKings, 222 Berkeley St., 5th Floor, Boston, MA 02116, Attn: 2024 DraftKings-Miller Lite’s Weekend Observations Free-To-Play Prediction Pool Contest Winner List. All such requests must be received within three (3) months after the end of the Contest.
The sponsor of the Contest is DK Crown Holdings Inc.
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 discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.