IMPORTANT LEGAL NOTICE REGARDING 2027 DRAFTKINGS $4 MILLION
FANTASY BASKETBALL WORLD CHAMPIONSHIP CONTEST
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST OFFICIAL RULES
(“RULES”) BEFORE ENTERING THE 2027 DRAFTKINGS $4 MILLION FANTASY
BASKETBALL WORLD CHAMPIONSHIP CONTEST AS THESE RULES AFFECT
YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
- The 2027 DraftKings $4 MILLION FANTASY BASKETBALL World Championship
Contest (“FBWC”, “FBWC Contest”, or “Contest”) is a fantasy sports tournament scheduled
to be held on Saturday, March 20, 2027. (“FBWC Contest Day”), exclusively for DraftKings
Daily Fantasy Sports customers who qualify for entry into the Contest (each a “Contestant”
and collectively, the “Contestants”). 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://myaccount.draftkings.com/documents/us-terms-of-use (for
individuals physically located in the United States), and
https://myaccount.draftkings.com/documents/CA-terms-of-use (for individuals physically
located in Canada)) and the DraftKings Privacy Notice (available at:
https://myaccount.draftkings.com/documents/privacy-notice). 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 with no further compensation, removal from the Contest
with no further compensation, 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 with no further compensation 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 INC. 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 YOUR TRAVEL TO
AND FROM THE CONTEST; (2) THE CONTEST, 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.
4. 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, with or without notice to
you, 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
Contest.
5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the FBWC at any
time.
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 Contestant 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 Contest, each Contestant must: (i) be the owner of
the DraftKings account under which 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, Alabama, or Canada when participating in the Contest or
twenty-one (21) years of age in the event you are physically located in Arizona, Illinois, Iowa,
Louisiana, Massachusetts, or Virginia when participating in the Contest); (v) be physically
located in Canada (excluding the provinces of Alberta and Ontario), or any of the fifty (50)
U.S. 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; (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.
8. By entering and participating in the FBWC, Contestants and any and all guests of 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 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 send the Contestant and his or her guest(s) 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
- Individuals must qualify for entry into the FBWC by winning one (1) of one hundred (100)
DraftKings FBWC qualifying contests that award an entry ticket to the FBWC as a prize.
There is no other method of entry into the Contest. In the event two (2) or more individuals
tie in a FBWC qualifying contest for entry into the FBWC, there will be a playoff contest, the
details of which (including any tiebreak mechanisms or procedures to be used 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 FBWC.
Contestants may qualify multiple times for the Contest (subject to the maximum described
below), and each qualification ticket entitles an entrant to one (1) entry into the Contest. Each
entry into the Contest consists of one (1) lineup. 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.
There will be a maximum of one hundred (100) Contestants in the FBWC. Individuals who
qualify for the FBWC cannot transfer or assign their qualification to another individual or
send a proxy to the Contest. For no additional compensation or remuneration to Contestant,
Contestants may be required to film at least one (1) interview with the DraftKings content
team before the start of the Contest and one (1) interview during the Contest or weekend of
the Contest, as determined by DraftKings in its sole and absolute discretion. The interviews
may be used for no additional compensation or remuneration 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 FBWC. For no additional compensation and remuneration, Contestants
will wear patches, attire, and/or promotional items as DraftKings may reasonably direct.
C. Operation of the Contest
- The Contest will be held on the FBWC Contest Day. The FBWC Contest will be held in TBD
location, and will be administered and scored according to DraftKings’ NBA Classic Contest
rules (provided that these Rules will govern in the event of any conflict between the NFL
Classic Contest rules and these Rules). FBWC Contestants are not required to travel to TBD
location, to participate in the FBWC Contest, and DraftKings may, in its sole and absolute
discretion, limit in person participation at the FBWC to only those Contestants who are at least
twenty-one (21) years of age. Contestants under the age of twenty-one (21) may only be able
to participate in the FBWC online. The FBWC Contest will be played on DraftKings.com or
DraftKings’ mobile application. The FBWC Contest will include the players and results of
NBA games starting between 7:00 PM ET – 8:00 PM ET (inclusive) on the FBWC Contest
Day. There will be no usage of the DraftKings Late Swap feature; lineups as of the start of the
first game in the Game Set on the FBWC Contest Day will lock and be final and no changes
will be allowed. - As stated in paragraph C(1) above, the Game Set for the Contest are the NBA games starting
between 7:00 PM ET – 8:00 PM ET (inclusive) on the FBWC Contest Day. The Game Set will
not include any NBA game originally scheduled to be included in the Game Set but canceled,
postponed and rescheduled to begin after 11:59 PM ET on the FBWC Contest Day or on a later
date. In the event an NBA game originally scheduled to be included in the Game Set for the
Contest is delayed but still starts by 11:59 PM ET on the FBWC Contest Day, such game will
be included in the Game Set for the Contest provided that it starts before 11:59 PM ET on the
FBWC Contest Day. In the event an NBA game included in the Game Set for the Contest is
suspended after it has begun, such game will be included in the Game Set for the Contest so
long as it resumes by 11:59 PM ET on the FBWC Contest Day. In the event an NBA game in
the Game Set for the Contest is suspended multiple times, the game will be included in the
Game Set for the Contest so long as it resumes play after the final suspension prior to 11:59
PM ET on the FBWC Contest Day. In the event one (1) or more NBA games originally
scheduled to be included in the Game Set of the Contest are canceled, suspended, or postponed
to a different date or time, DraftKings reserves the right, in its sole and absolute discretion, to:
(a) continue the Contest as scheduled and exclude such game(s) from the Game Set in
accordance with the above; (b) to reschedule, delay, postpone, alter, or modify the Contest; (c)
or to cancel the Contest altogether. DraftKings uses official NBA statistics and only includes
statistics from NBA games deemed to be official. For any NBA game in the Game Set for the
Contest that is suspended and not resumed by 11:59 PM ET on the FBWC Contest Day, in the
event the NBA declares the game “suspended”, then the statistics generated before the game is
suspended will count in the Game Set. Any statistics generated when the game resumes after
11:59 PM ET on the FBWC Contest Day or on a later date will not be included in the Game
Set for the Main Contest.
3. Each Contestant who participates in the FBWC Contest in person will receive a one thousand
dollar ($1,000) cash credit to the Contestant’s DraftKings’ Daily Fantasy Sports account for
transportation to and from the Contest live final location; and accommodations for two (2) in
one (1) hotel room in a hotel chosen by DraftKings for three (3) nights (arriving on March 18,
2027 and departing on March 21, 2027) (combined approximate retail value of $5,000 ($2,500
per person)). These travel and accommodation benefits are only to be used by Contestant and
his or her guest, and it will be a material violation of these Rules for a Contestant to sell any or
all of the travel and accommodation benefits described in this paragraph. DraftKings may, in
its sole discretion, limit participation in the live final to only those Contestants who are at least
twenty-one (21) years of age, in which case any Contestant who is not at least twenty-one (21)
years of age will not be eligible to elect to receive the travel and accommodation benefits
described in this paragraph, and such Contestants will only be permitted to participate in the
FBWC Contest online. The hotel accommodations will be selected by DraftKings and may be
subject to additional restrictions, policies, and requirements imposed by the hotel. For clarity,
any Contestant who does not participate in the FBWC in person, including anyone who is not
permitted under these Rules to participate in the FBWC in person shall not receive any of the
items identified in this paragraph. For clarity, each Contestant who participates in the FBWC
in person will only receive the travel and accommodation benefits described in this paragraph
once, regardless of the number of entries a Contestant has in the FBWC (i.e., a Contestant will
not be entitled to receive multiple travel and accommodation credits or multiple hotel rooms, or
be entitled to bring multiple guests, even if he or she has multiple entries in Contest). Guests
of Contestants will not receive any cash or travel and accommodation credit. In the event that
DraftKings, in its sole and absolute discretion and for any reason or no reason elects to provide
additional travel and accommodation benefits to a Contestant, such additional travel and
accommodation benefits are only to be provided, at no charge, by the Contestant to his or her
friends and family, and it shall be a material violation of these Rules for a Contestant to sell
any or all of such additional travel and accommodation benefits.
D. Contest Winners and Prizes
- Contest results will be determined by the total points accumulated by the individual lineup
entry within the Contest. Scoring between the Contest and any qualifying contests is not
cumulative. The prizes for the Contest (each, a “Prize”) will be based on the finishing position
of the lineup entry in accordance with the following:
FINISHING POSITION PRIZE
1 st Place $1,000,000
2 nd Place $400,000
3 rd Place $250,000
4 th Place $200,000
5 th Place $150,000
6 th Place $100,000
7 th – 8 th Place $75,000
9 th – 10 th Place $50,000
11 th – 15 th Place $40,000
16 th – 20 th Place $35,000
21 st – 25 th Place $30,000
26 th – 35 th Place $25,000
36 th – 45 th Place $20,000
46 th – 60 th Place $15,000
61 st – 80 th Place $12,500
81 st – 100 th Place $10,000 - In the event of a tie between two (2) or more Contestants for a Prize, the Prizes for the tied
positions will be combined and equally split among each of the tied Contestants. For example,
in the event two (2) Contestants tie for first (1 st ) place, the first (1 st ) place Prize and the second
(2 nd ) place Prize would be combined and split equally between the two (2) tied Contestants,
and each of the tied Contestants would be awarded seven hundred thousand U.S. dollars
($700,000). - In order to claim a Prize, the Contestant 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 Contestant 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 Contestant 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 Contestant. - 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. Travel and Accommodations - Each Contestant participating in the Contest in person will be permitted to bring one (1) guest
to the Contest. Any guest of Contestant must be at least eighteen (18) years of age or older as
of the Contest. DraftKings may, in its sole and absolute discretion, limit in person
participation to only those Contestants who are at least twenty-one (21) years of age. Any
such age restriction would apply to Contestants’ guests as well. Guests will not receive any
cash or travel and accommodation credits. All Contestants participating in the Contest in
person and their guests must follow all policies, instructions, and requirements of DraftKings,
the hotel, and the venues for the Contest (including, without limitation, to any age
requirements). Contestants are solely responsible for checking any age requirements for their
guests for attendance at the Contest. Contestants participating in the Contest in person and
their guests must follow all health and safety protocols put in place by DraftKings, the hotel,
or the venue for the Contest, which may include COVID-19 vaccination requirements, testing
requirements, wearing masks, and social distancing. Contestants participating in the Contest
in person and their guests may additionally be required to sign an assumption of risk or waiver
in order to participate in or attend the Contest in person. DraftKings may prohibit any
Contestant or guest from participating or attending the Contest in person in the event such
Contestant or guest refuses to sign an assumption of risk or waiver agreement, or is unable to
comply with these Rules, or violates any health and safety protocols. Contestants shall be
responsible and liable for all acts or omissions of their guests and ensuring their guests
comply with these Rules, all policies, instructions, and requirements of DraftKings, the hotel,
and venues for the Contest.
2. CONTESTANTS CHOOSING TO PARTICIPATE IN THE CONTEST IN PERSON AND
THEIR GUESTS REPRESENT AND WARRANT THAT ATTENDING THE CONTEST IN
PERSON IS WHOLLY VOLUNTARY, AND THAT THEY ARE FULLY AWARE OF THE
HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY,
ILLNESS, AND DEATH. CONTESTANTS CHOOSING TO PARTICIPATE IN THE
CONTEST IN PERSON AND THEIR GUESTS ASSUME THE RISK OF SUCH FACTORS
AND OCCURRENCES, AND FURTHER ACKNOWLEDGE, AND ACCEPT 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,
CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE CONTEST IN PERSON AND
THEIR GUESTS UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING THE
CONTEST IN PERSON 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. CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE
CONTEST IN PERSON AND THEIR GUESTS DO SO AT THEIR OWN RISK AND
ASSUME 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 CONTEST IN
PERSON.
- Contestants who qualify for, and elect to participate in person in, the Contest are responsible
for all travel costs and fees and are responsible for scheduling, coordinating, and booking their
own transportation to and from the Contest, including travel to and from airports or the hotel.
DraftKings shall have no responsibility or liability for Contestants’ transportation. Contestants
and their guests are responsible for obtaining travel insurance (and all other forms of
insurance) at their option and hereby acknowledge that DraftKings has not and will not obtain
or provide travel insurance or any other form of insurance. - All expenses and incidental travel costs not expressly stated in these Rules, 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 hotel room, security fees, gratuities, taxes, and/or other expenses,
are the responsibility of the Contestant and his or her guest(s). Each Contestant is solely
responsible for securing and carrying at the time of travel all visas, passports, or other travel
related documents for himself/herself and any guest(s). - Each Contestant that elects to participate in the Contest in person shall ensure that his or her
guest follows all rules, policies, instructions, and protocols applicable herein to such guest’s
conduct. Each Contestant shall be solely responsible for his or her guest’s actions. In the event
the Contestant or his or her guest engages in behavior that, as determined by DraftKings in its
sole and absolute discretion, violates these Rules, the DraftKings Daily Fantasy Sports Terms
of Use, or is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or
harass any other person, DraftKings reserves the right to terminate their participation in or
attendance at the Contest or other applicable experience(s) early, in whole or in part, send the
Contestant and his/her guest home with no further compensation, and disqualify the
Contestant from the FBWC.
H. Miscellaneous Terms and Conditions - The DraftKings Daily Fantasy Sports Terms of Use shall apply to the FBWC, 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.
3. By entering the FBWC 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. Unless otherwise indicated, 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 waives 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.
9. For all dates, locations, times, and quantities that are identified in these Rules as “TBD” or “to
be determined” DraftKings will update these Rules to include the to be determined
information or otherwise notify Contestants of same (which may include via public
announcement) 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.
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.