1. OVERVIEW AND INTRODUCTION
These Official Terms and Conditions (“Terms”) govern the DraftKings “Gameday Fuel” Promotion (the “Promotion”), a one-day promotional activation during which DraftKings Inc. (“DraftKings,” “Sponsor,” “we,” “us,” or “our”) will provide complimentary gasoline to eligible customers at participating gas station locations.
The Promotion is a promotional giveaway only. It is NOT a sweepstakes, contest, lottery, or game of chance or skill. No winner selection, random drawing, or game of chance is involved. No purchase, payment, wagering activity, or DraftKings account is necessary to participate. Participation is subject to these Terms and Eligibility.
Sponsor: DraftKings Inc., 222 Berkeley Street, 5th Floor, Boston, MA 02116.
2. ELIGIBILITY
The Promotion is open to members of the general public who satisfy all of the following requirements:
(a) Location. Must be physically located in California, Georgia, Florida, Michigan, Texas, Alberta Canada, or Ontario Canada at a participating Gameday Fuel Location (defined below).
(b) Age.
i. Customers must be eighteen (18) years of age or older at the time of participation when located in California, Georgia, Florida, Texas or Alberta.
ii. Customers must be nineteen (19) years of age or older at the time of participation when located in Ontario.
iii. Customers must be twenty-one (21) years of age or older at the time of participation when located in Michigan.
(c) Vehicle. Customers must arrive at a Gameday Fuel Location (defined below) operating an eligible passenger vehicle. An “eligible passenger vehicle” means a standard passenger automobile, sport utility vehicle (SUV), crossover, pickup truck, motorcycle, or moped used primarily for personal, non-commercial transportation.
(d) No Account Required. No DraftKings account, sign-up, registration, deposit, or wagering activity of any kind is required to participate in the Promotion.
(e) Compliance. Customers must comply with all applicable laws, these Terms, and all instructions of event staff and gas station personnel.
Excluded Vehicles
The following vehicles are NOT eligible for the Promotion: commercial vehicles; fleet vehicles; recreational vehicles (RVs); buses; limousines; trailers; all-terrain vehicles (ATVs); watercraft; aircraft; vehicles used primarily for commercial, ride-share, or delivery purposes; and any other vehicle that is not a standard eligible passenger vehicle as defined above.
Excluded Persons
The following persons are not eligible to participate in the Promotion: (i) employees, officers, directors, agents, and representatives of DraftKings Inc. and its parent companies, subsidiaries, affiliates, advertising and promotion agencies, and any other entity involved in the development, production, or administration of the Promotion; (ii) employees, officers, directors, owners, and operators of participating gas station locations and their respective parent companies, subsidiaries, and affiliates; and (iii) members of the immediate family (defined as spouse, parent, child, sibling, grandparent, and grandchild, regardless of where they reside) and persons residing in the same household (whether or not related) of any of the foregoing.
3. PROMOTIONAL PERIOD
The Promotion will take place on September 2, 2026, from 10:00 AM to 2:00 PM local time at each participating Gameday Fuel Location (the “Promotional Period”). All times refer to the local time zone of the applicable participating location. 1:30 PM is the time the last eligible vehicle will be permitted to come through each Gameday Fuel Location.
Notwithstanding the foregoing, the Promotion may end earlier than the stated time at any Gameday Fuel Location if: (i) the allocated fuel supply at such location is exhausted; (ii) operational capacity is reached; or (iii) DraftKings otherwise elects to suspend or terminate the Promotion at such location in accordance with Section 8 of these Terms. DraftKings is under no obligation to extend the Promotional Period for any reason.
4. GAMEDAY FUEL LOCATIONS
The Promotion will be conducted at participating gas station locations (each, a “Gameday Fuel Location”) in the following metropolitan areas:
• Los Angeles, California
• Atlanta, Georgia
• Miami, Florida
• Detroit, Michigan
• Dallas, Texas
• Edmonton, Alberta, Canada
• Scarborough, Ontario, Canada
DraftKings reserves the right to add, remove, or substitute participating locations at any time prior to or during the Promotional Period.
5. PROMOTIONAL REQUIREMENTS / HOW TO PARTICIPATE
To participate in the Promotion, eligible Customers must:
(a) Arrive at a participating Gameday Fuel Location during the Promotional Period (September 2, 2026, 10:00 AM to 2:00 PM local time) with an eligible passenger vehicle.
(b) Wait in line, if applicable, on a first-come, first-served basis.
(c) Follow all instructions from DraftKings event staff, gas station personnel, traffic control personnel, and law enforcement officers.
(d) Verify age and eligibility with DraftKings event staff.
(e) Remain with their vehicle at all times while in the fueling queue and during fueling.
(f) Comply with all applicable traffic laws, safety regulations, and posted instructions.
Participation is on a first-come, first-served basis. No advance registration, appointment, reservation, opt-in, purchase, DraftKings account creation, or wagering activity of any kind is required. Each eligible participant is entitled to one (1) complimentary fueling per eligible vehicle during the Promotional Period.
Participation is not guaranteed. DraftKings does not guarantee that all persons who arrive at a Gameday Fuel Location during the Promotional Period will receive the Reward. Service is subject to fuel availability, operational capacity, and the time constraints of the Promotional Period.
6. REWARD DETAILS
The reward (the “Reward”) consists of one (1) complimentary fueling of an eligible Customer’s eligible passenger vehicle at a Gameday Fuel Location during the Promotional Period. Complimentary fueling is not guaranteed.
(a) No Dollar or Gallon Cap. There is no predetermined maximum dollar amount or gallon limit per eligible participant. The Reward covers one complete fueling of the eligible vehicle’s standard factory-installed fuel tank.
(b) Grade Selection. Customers may select any grade of gasoline available at the Gameday Fuel Location that is appropriate for their vehicle. DraftKings is not responsible for any damage resulting from the participant’s selection of a fuel grade that is incompatible with or not recommended for their vehicle.
(c) Direct Dispensing Only. Fuel will be dispensed directly into the eligible vehicle’s fuel tank at the Gameday Fuel Location. Fuel will not be dispensed into portable containers, jerry cans, gas cans, auxiliary tanks, external fuel cells, or any receptacle other than the vehicle’s factory-installed fuel tank.
(d) Value. The actual retail value of the Reward will vary for each Customer based on the vehicle’s tank capacity, the amount of fuel needed, the grade of gasoline selected, and the prevailing retail price at the time of fueling.
(e) Non-Transferable. The Reward is personal to the eligible Customer and the eligible vehicle, is not transferable or assignable, is not redeemable for cash or credit, and has no cash surrender value. The Reward may not be sold, bartered, exchanged, or auctioned. The Reward has no value in relation to any DraftKings platform and may not be redeemed, traded, or substituted for any DraftKings bonus rewards.
(f) Taxes. Customers are solely responsible for any federal, state, or local taxes or reporting obligations that may arise from receipt of the Reward, if any.
7. LIMITATIONS AND RESTRICTIONS
(a) One Fueling Per Vehicle. Each eligible Customer is limited to one (1) complimentary fueling per eligible vehicle during the Promotional Period. Customers may not return to the same Gameday Fuel Location, or visit a different Gameday Fuel Location, to receive additional fuel.
(b) First-Come, First-Served. The Promotion is offered on a first-come, first-served basis while fuel supplies and operational capacity last. DraftKings does not guarantee that fuel will be available for all Customers who arrive during the Promotional Period.
(c) Compliance with Instructions. Customers must comply with all instructions and directions from DraftKings event staff, gas station personnel, traffic control personnel, security personnel, and law enforcement officers. DraftKings reserves the right to refuse service to, or remove from the premises, any Customer who fails to comply with such instructions or who engages in unsafe, disruptive, threatening, or unsportsmanlike behavior.
(d) Prohibited Conduct. The following conduct is strictly prohibited and will result in immediate disqualification: line-cutting or queue-jumping; aggressive, threatening, or disruptive behavior toward staff, other Customers, or bystanders; tampering with fueling equipment; providing false information; using proxy Customers; blocking traffic or creating safety hazards; and any violation of applicable law.
(e) Assumption of Wait Time. Customers acknowledge that lines may form and wait times may be significant. DraftKings is not responsible for any inconvenience, loss of time, discomfort experienced while waiting in line, or loss of opportunity to receive the Reward as a result of supply limitations.
8. MODIFICATION, SUSPENSION, AND TERMINATION
DraftKings reserves the right, in its sole and absolute discretion, to modify, suspend, or terminate the Promotion, in whole or in part, at any Gameday Fuel Location, at any time, with or without prior notice, for any reason, including but not limited to:
(a) Exhaustion of fuel supplies at a Gameday Fuel Location;
(b) Operational capacity constraints;
(c) Traffic congestion, road closures, or traffic safety concerns;
(d) Adverse weather conditions, including but not limited to extreme heat, storms, flooding, or other severe weather events;
(e) Safety concerns or hazardous conditions of any nature;
(f) Direction or order of law enforcement, fire department, or other governmental authority;
(g) Technical or mechanical difficulties with fueling equipment;
(h) Any other circumstance that, in DraftKings’ sole judgment, compromises the integrity, safety, or administration of the Promotion.
In the event of modification, suspension, or termination of the Promotion, DraftKings shall have no liability to any Customer or prospective Customer, and no Customer shall be entitled to any compensation, reimbursement, or alternative benefit.
9. RELEASE AND LIMITATION OF LIABILITY
Release
By participating in the Promotion, each Customer, on behalf of themselves, their heirs, executors, administrators, successors, and assigns, hereby releases and forever discharges DraftKings Inc. and its parent companies, subsidiaries, affiliates, divisions, advertising and promotion agencies, and each of their respective officers, directors, employees, agents, shareholders, representatives, successors, and assigns (collectively, the “Released Parties”), as well as the participating gas stations and their respective owners, operators, employees, agents, and affiliates, from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, expenses (including reasonable attorneys’ fees), and liability of any kind (collectively, “Claims”), whether known or unknown, arising out of or in any way connected with:
(a) Participation or attempted participation in the Promotion;
(b) The receipt, use, or inability to use the Reward;
(c) Any personal injury, bodily harm, illness, or death;
(d) Any property damage, including but not limited to damage to a Customer’s vehicle;
(e) Any traffic incident, accident, or collision occurring while traveling to, from, or waiting at a Gameday Fuel Location;
(f) Any damage to a Customer’s vehicle resulting from the fueling process, the grade of fuel selected by the Customer, or any fuel-related issue;
(g) The termination, modification, or suspension of the Promotion; and
(h) Any other matter arising from or relating to the Promotion, whether foreseen or unforeseen.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assumption of Risk
Each Customer acknowledges and voluntarily assumes all risks associated with participation in the Promotion, including but not limited to risks arising from: waiting in line; exposure to weather conditions; traffic conditions; proximity to operating motor vehicles; proximity to gasoline and fueling equipment; and interaction with other Customers, event staff, and the general public.
Indemnification
Each Customer agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all Claims brought by any third party arising out of or in connection with the Customer’s participation in the Promotion, violation of these Terms, or violation of any applicable law.
Vehicle Compatibility
DraftKings is not responsible for any damage to a Customer’s vehicle resulting from the Customer’s selection of a fuel grade that is incompatible with, or not recommended by the manufacturer for, the Customer’s vehicle. It is solely the Customer’s responsibility to select the appropriate fuel grade for their vehicle.
10. PUBLICITY AND MEDIA
DraftKings may conduct on-site photography and/or videography at each Gameday Fuel Location during the Promotional Period. Customers entering the event area acknowledge that they may be photographed, filmed, or recorded. Signage will be posted at Gameday Fuel Locations to provide notice of media activity.
By participating in the Promotion, each Customer grants to DraftKings and its designees an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, distribute, display, and create derivative works of the Customer’s name, likeness, image, voice, statements, and biographical information (collectively, “Personal Attributes”) in any and all media now known or hereafter developed, for advertising, promotional, marketing, trade, and any other lawful purposes, without additional notice, review, consent, or compensation, except where prohibited by law.
Any Customer who does not wish to be photographed or recorded should notify event staff upon arrival; however, DraftKings cannot guarantee the complete exclusion of any Customer from incidental capture in wide-angle or crowd footage.
11. PRIVACY
Any personal information collected from participants in connection with the Promotion will be collected, used, and disclosed in accordance with DraftKings’ Privacy Policy, available at https://sportsbook.draftkings.com/legal/privacy-notice.
Subject to Customer’s elected participation in Gameday Fuel Location events, DraftKings may gather the Customer’s name, email address, phone number for optional marketing opt-in. Customer’s are not required to share and record personal information as a condition of participation Customers may be incidentally captured on security or promotional footage.
DraftKings will not sell Customers’ personal information collected in connection with this Promotion. Personal information collected, if any, will be used solely for purposes of administering the Promotion and for DraftKings’ lawful marketing purposes, subject to applicable opt-out rights.
12. GOVERNING LAW AND DISPUTES
Governing Law
These Terms and any disputes arising out of or relating to the Promotion shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms or the Promotion shall be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and each participant hereby consents to the personal jurisdiction and venue of such courts.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT AGREES THAT ANY CLAIMS ARISING OUT OF OR RELATING TO THE PROMOTION SHALL BE BROUGHT IN THE PARTICIPANT’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. GENERAL PROVISIONS
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
Waiver
The failure of DraftKings to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce such provision at a later time. No waiver shall be effective unless made in writing and signed by an authorized representative of DraftKings.
Force Majeure
DraftKings shall not be liable for any failure or delay in performing its obligations under these Terms (including the provision of the Promotion itself) to the extent such failure or delay results from circumstances beyond DraftKings’ reasonable control, including but not limited to: acts of God; natural disasters; epidemics or pandemics; fire; flood; hurricane; earthquake; war; terrorism; civil unrest; government action, regulation, or order; power outages; telecommunications failures; labor disputes; supply chain disruptions; fuel shortages; transportation disruptions; or any other event beyond DraftKings’ reasonable control.
No Affiliation with Gas Station
Unless otherwise expressly stated in writing, the Promotion is in no way sponsored, endorsed, administered by, or associated with the participating gas stations or their parent companies, franchisors, or brand owners. The participating gas stations are serving solely as venues for the Promotion. All questions, comments, or complaints regarding the Promotion should be directed to DraftKings, not to the participating gas stations.
Compliance with Local Laws
Customers are solely responsible for complying with all applicable federal, state, and local laws, ordinances, and regulations in connection with their participation in the Promotion, including all traffic and motor vehicle laws.
Interpretation
Section headings are for convenience only and do not limit or affect the interpretation of these Terms. As used herein, the singular includes the plural and vice versa, and the word “including” means “including without limitation.”
Entire Agreement
These Terms constitute the entire agreement between DraftKings and each Customer with respect to the Promotion and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, with respect to the subject matter hereof.