DRAFTKINGS 3-24-23 2023 TOURNEYTOONS ELITE: SWEET CELEBRATION DISCORD SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. AT THE TIME OF ENTRY, YOU MUST HAVE A VALID DISCORD ACCOUNT AND BE A LEGAL RESIDENT OF THE UNITED STATES PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR WASHINGTON D.C.
1. Sweepstakes: DraftKings 3-24-23 2023 TourneyToons Elite: Sweet Celebration Discord Sweepstakes (the “Sweepstakes”).
2. Sponsor: DK Crown Holdings Inc., 222 Berkeley St., 5th Floor, Boston, MA 02116 (“Sponsor”).
3. Acknowledgement: As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by these DraftKings 3-24-23 2023 TourneyToons Elite: Sweet Celebration Discord Sweepstakes Official Rules (“Official Rules”), the DraftKings General Rules (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and you agree to fully and unconditionally waive any right to claim ambiguity in the Sweepstakes, the Official Rules, or the General Rules. The General Rules are attached as Exhibit A to these Official Rules and are incorporated herein by reference.
4. Entry Period: The Sweepstakes begins at 1:00:01 p.m. on March 24, 2023 and ends on March 27, 2023 at 1:00:01 p.m. (the “Entry Period”). All references to time of day contained herein refer to the Eastern Time Zone. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes.
5. Disclaimer: As a condition of participating in the Sweepstakes, you agree and acknowledge that Discord Inc. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Platform”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not the Social Media Platform. You also agree that as a condition of participating in the Sweepstakes, you shall release the Social Media Platform from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.
6. Eligibility: The Sweepstakes is open only to individual legal residents of the United States who, at the time of entry into the Sweepstakes: (i) are at least eighteen (18) years of age or have attained the age of majority in the state they are physically located in when entering the Sweepstakes in the event the age of majority in such state is greater than eighteen (18) years of age; (ii) are physically located in any of the fifty (50) U.S. states or Washington D.C.; (iii) have a DraftKings Marketplace account; (iv) have a valid Discord account; and (v) are a member of the DraftKings Marketplace Discord Server. Entrants must at all times during the Sweepstakes abide by and satisfy all requirements in these Official Rules and the General Rules. Employees, officers, and directors of Sponsor and each of Sponsor’s affiliates, agents, and advertising, public relations, and promotion agencies, and members of each of the preceding’s immediate families (i.e., spouses, parents, children and siblings, and their respective spouses) and those living in the same household are not eligible to enter the Promotion.
7. How to Enter: There is only one (1) method of entry for the Sweepstakes. You must click on the bot for the Sweepstakes within the DraftKings Marketplace Discord Server and complete the giveaway form for the Sweepstakes, including entry of your DraftKings Marketplace username and the email address associated with your DraftKings Marketplace username. You must be a registered user of Discord, a member of the DraftKings Marketplace Discord Server, and have a DraftKings Marketplace account. Becoming a registered user of Discord is free. To become a registered user of Discord, visit www.discord.com, click on “Login”, then on the login page, click on “Register” and complete the onscreen instructions to sign up for an account. Becoming a member of the DraftKings Marketplace Discord Server is free. To become a member of the DraftKings Marketplace Discord Server, login to your Discord account and select “Explore Public Servers” from the toolbar on the left side of the homepage, enter “DraftKings Marketplace” in the search bar, click on the DraftKings Marketplace icon when it appears, and then on the top of the screen click on “Join This Server”. Creating a DraftKings Marketplace account is free. To create a DraftKings Marketplace account, visit at https://marketplace.draftkings.com/ and click the “Sign Me Up” button. Any entry received outside of the Entry Period will be deemed ineligible.
Limit: one (1) entry per person. Anyone found to be using multiple Discord or DraftKings Marketplace accounts to enter the Sweepstakes, violating the Social Media Platform’s terms of service, or clicking on the bot for the Sweepstakes multiple times and/or submitting multiple giveaway forms will be deemed ineligible for the Sweepstakes, and all of their entries may be deemed void. Automated and/or third-party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address, Discord account, or DraftKings Marketplace account. Any attempt by any entrant to obtain entries by using multiple and/or different identities, forms, registrations, addresses, or any other method will void all of such entrant’s entries, and such entrant may be disqualified at Sponsor’s sole discretion. Sponsor shall not be liable for any problems that occur during the entry process, including, without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and Sponsor shall not have any obligation to advise an entrant of a late, incomplete, delayed, undelivered, misdirected, or invalid submission or entry. No illegible, incomplete, forged, or altered entries will be accepted. Proof of clicking on the “Enter” button on the bot for the Promotion does not constitute proof of receipt or entry into the Promotion. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the DraftKings Marketplace account used to enter will be deemed to be the proper entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized DraftKings Marketplace account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
8. Prizes and Odds of Winning: Odds of winning depend on the number of eligible entries received during the Entry Period. Subject to verification of eligibility and compliance with these Official Rules and the General Rules, three (3) winners of the Sweepstakes will each receive one (1) 2023 TourneyToons Elite: Sweet Celebration NFT Pack with an approximate retail value of $64.99 (particular NFT packs to be determined by Sponsor in its sole discretion). To receive a prize, winners need to be a registered user of Discord, a member of the DraftKings Marketplace Discord Server, and have a DraftKings Marketplace account. Becoming a registered user of Discord is free. Becoming a member of the DraftKings Marketplace Discord Server is free. Creating a DraftKings Marketplace account is free.
9. Selection of Winners: On or about March 27, 2023, Sponsor will randomly select three (3) potential winners from among all eligible entries received during the Entry Period. The potential winners will be notified by Sponsor on or about March 27, 2023. Sponsor will notify each potential winner by a Private Thread within the DraftKings Marketplace Discord Server. If a potential winner cannot be contacted or does not respond within twenty-four (24) hours, an alternate potential winner may be selected.
10. Questions: If you have any questions regarding the Sweepstakes, send an email to firstname.lastname@example.org with the subject line “DraftKings 3-24-23 2023 TourneyToons Elite: Sweet Celebration Discord Sweepstakes Question”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules or the General Rules.
11. Winners List: 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.: DraftKings 3-24-23 2023 TourneyToons Elite: Sweet Celebration Discord Sweepstakes Winners List. All such requests must be received within three (3) months after the end of the Entry Period.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH DISCORD INC. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO DISCORD INC. THE INFORMATION YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL RULES, THE DRAFTKINGS GENERAL RULES, AND SPONSOR’S PRIVACY NOTICE, WHICH IS AVAILABLE AT https://www.draftkings.com/help/privacynotice.
DRAFTKINGS GENERAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Conflict Between Rules: These DraftKings General Rules apply to the sweepstakes offered by Sponsor (the “Promotion”) except to the extent modified or superseded by the Official Rules. In the event that any provision of the Official Rules conflicts with any provision of the General Rules, the terms of the Official Rules shall prevail with respect to such matter. Sponsor reserves the right to interpret the rules of the Promotion in its sole discretion, and such interpretation shall be binding upon all participants.
2. Entry Restrictions: Any forms of entry other than those described in the Official Rules, including, without limitation, multiple submissions, submissions using a false identity, submissions made by/on behalf of another individual, or submissions made through the use of a device or artifice to generate multiple submissions are void. False or deceptive submissions or acts may render an entrant ineligible to participate in the Promotion, and Sponsor reserves the right to disqualify from the Promotion any entrant who attempts to undermine the legitimate operation of the Promotion, acts in a disruptive manner, or violates these General Rules or the Official Rules. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the online DraftKings Marketplace account associated with the entry. Sponsor reserves the right to require entrants to show proof of being the authorized account holder. All entries become the property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.
3. Selection of Winners: The potential winner(s) for the Promotion will be determined from all eligible entries received during the Entry Period. The potential winner(s) of the Promotion will be notified according to the Official Rules for the Promotion.
4. Winner Verification: Potential winner(s) are subject to verification of eligibility and compliance with these General Rules and the applicable Official Rules. Except where prohibited by law, potential prize winner(s) may be required to complete and return an affidavit of eligibility and liability and publicity release (“Affidavit”) within the time period set forth in Sponsor’s notification. In the event a potential prize winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted or a winner notification or Affidavit is returned as undeliverable; (ii) declines or cannot accept, receive, or use a prize for any reason; (iii) does not respond within any specified or applicable time periods; (iv) is found to be ineligible to enter the Promotion or receive a prize; (v) cannot or does not comply with these General Rules and/or the applicable Official Rules; or (vi) fails to fulfill the Affidavit-related obligations, such potential prize winner may be disqualified from the Promotion, and an alternate potential prize winner may be selected, at Sponsor’s sole discretion, even in the event the disqualified potential prize winner’s name has been publicly announced. In the event Sponsor decides to select an alternate potential prize winner, the alternate will be determined from all eligible entries received during the Entry Period and notified according to the Official Rules for the Promotion. Sponsor reserves the right to repeat this process until an alternate potential prize winner complies with all eligibility and verification requirements. Sponsor also reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate prize winner, if any, in its sole discretion.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION, ANY CHANGES TO THESE GENERAL RULES OR THE OFFICIAL RULES, AND THE SELECTION AND VERIFICATION OF THE POTENTIAL PRIZE WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE PROMOTION.
5. Prize Restrictions: Each prize will be awarded only in the event the potential prize winner fully complies with these General Rules and the applicable Official Rules. All prize details are at the sole discretion of Sponsor, and any depiction of the prizes, in promotional materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement, or cash equivalent for a prize will be made. Sponsor reserves the right, at its sole discretion, to substitute any prize for another prize of equal or greater value for any reason.
Sponsor shall have no responsibility or obligation to a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize their prize. In the event of non-compliance with these General Rules or the Official Rules, or in the event a prize is unclaimed or returned as undeliverable, the prize will be forfeited. A forfeited prize may be awarded to an alternate potential prize winner, at Sponsor’s sole discretion. Taxes and fees associated with a prize, if any, are the sole responsibility of the prize winner. Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.
ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating in the Promotion offered by Sponsor or accepting a prize, you grant Sponsor and/or Sponsor’s designees the right to use your name, photograph, likeness, statements, biographical information, voice, city and state address, and other identifying information for advertising and promotional purposes for the promotion in which you participated as well as any other advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification, or permission. By participating in the Promotion offered by Sponsor or accepting a prize, you acknowledge that you will be sharing your personal information with Sponsor, and you agree that Sponsor may use your personal information for marketing and other purposes. You may opt out of notices from Sponsor regarding future promotional or marketing offerings by following the opt-out procedure prescribed by DraftKings.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER’S LIST.
7. Choice of Law and Disputes: The Promotion will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with the Promotion must be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Except where prohibited by law, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (iii) no punitive, incidental, special, consequential, or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (iv) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
8. Conditions of Participation and Limitations of Liability: By participating in the Promotion offered by Sponsor, each entrant accepts the conditions stated in these General Rules and the applicable Official Rules, agrees to be bound by the decisions of Sponsor, and warrants that he or she is eligible to participate in the Promotion.
By participating in the Promotion, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the Promotion, and the directors, employees, officers, and agents of each of the foregoing, from and against any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion, including, without limitation, (i) the administration of the Promotion, including, without limitation, typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the selection of winners, or the announcement of the prize winner(s), inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials and/or (ii) entrants’ participation in the Promotion offered by Sponsor, their acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy, liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize, or participation in any prize-related activities.
Sponsor reserves the right at its sole discretion to disqualify any individual who is found to be (i) acting in violation of these General Rules and/or the applicable Official Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor reserves the right to amend these General Rules or the Official Rules at any time, and it is your responsibility to review these General Rules and the Official Rules for any changes. By participating in the Promotion or accepting a prize after we change these General Rules or the Official Rules, you accept all changes thereto.
Sponsor may reschedule, delay, postpone, alter, or modify the Promotion, or cancel the Promotion altogether, in the event Sponsor determines, in its sole discretion, that the Promotion cannot continue as contemplated. Without limiting the foregoing, in the event of a Force Majeure Event (as defined below), Sponsor may reschedule, delay, postpone, alter, or modify the Promotion, or may cancel the Promotion altogether. As used herein, “Force Majeure Event” means the interruption of or material interference with Sponsor’s ability to hold, execute, or administer the Promotion and/or to grant a prize by any cause or occurrence not within Sponsor’s reasonable control, including, without limitation, 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 any court or executive order. In the event the Promotion is terminated or cancelled for any reason whatsoever, the approximate retail value of the prize(s) will be awarded to the extent required by law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. IN THE EVENT SUCH AN ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. OPT-OUT: In the event you do not wish to receive any further notices from Sponsor regarding future promotional or marketing offerings, send an email to email@example.com.