TERMS & CONDITIONS
IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE DRAFTKINGS AUSTRALIA AUSTRALIAN OPEN EXPERIENCE AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
CONTEST DESCRIPTION
DraftKings is pleased to announce an exciting new contest, the DraftKings Australia Australian Open Experience (hereinafter, the “Contest”), exclusively for DraftKings Australia account holders (“Players”).
The Contest will commence at 11:30am AEST on 1 January 2020 and close at 6:00pm AEST on 9 January 2020 (the “Contest Period”).
The Contest will be conducted, administered and scored in accordance with DraftKings’ NBA contest rules (available here: https://au.draftkings.com/help/rules), and will include the players and results of NBA games on the 9 January 2020 AEST
Participation in the Contest shall be governed by these Contest Rules, DraftKings Terms of Use (located here: https://au.draftkings.com/help/terms), Privacy Policy (located here: https://au.draftkings.com/help/privacy/au) and the DraftKings NBA contest rules (collectively, the “Rules of Play”). There will be only one winner of the Prize.
Subject to these Contest Rules, the eligible Player who wins first place in the Contest (in accordance with DraftKings’ NBA contest rules) will win the Prize (defined below).
ELIGIBILITY
To participate in the Contest, Players must be Australian residents that are 18 years of age or older and hold a DraftKings player account. Persons resident in South Australia are excluded from participating in this Contest.
MAXIMUM NUMBER OF ENTRIES
Each Player will be limited to three (3) entries in the Contest.
THE PRIZE
The Player who wins first place in the Contest will receive one (1) travel prize for each of the winner and up to one (1) companion (companion must be aged 18 years or older, to be nominated by the prize winner and approved by DraftKings in its sole and absolute discretion). The maximum value of the prize is AUD $4500 (incl GST).
The Prize will comprise the following:
· two (2) adult economy return airfares to Melbourne departing from the Australian State/Territory capital city nearest to the address of the winner as lodged with DraftKings (as determined by DraftKings in its sole and absolute discretion);
· three (3) nights accommodation (1 room) in a 4 star hotel (to be determined by DraftKings in its sole and absolute discretion); and
· Two (2) on court seating tickets to the Australian Open Day Session on Tuesday, 9 February (the “Prize”).
TIEBREAKERS
If one or more Players tie for first place in the Contest, the winner will be the Player with the higher single-player fantasy points result for each drafted player in the lineup. For example, if DraftKings Player A and DraftKings Player B tied in the Contest, and Player A’s highest fantasy point scoring player was LeBron James with 54 fantasy points, and Player B’s highest fantasy point scoring player was Anthony Davis with 51 fantasy points, then Player A would be judged the winner. In the event that both Players select the same highest fantasy point scoring player, the same process will proceed down to the next highest fantasy point scoring player in each roster. In the event of two or more identical rosters, a tiebreaker contest shall be held on the DraftKings website between the tied Players at a later date and in DraftKings’ sole discretion. The winner of said tiebreaker contest shall then be deemed the winner.
CONDITIONS ON CLAIMING PRIZE
Each Player acknowledges and agrees, as a condition of entry into the Contest that:
(a) The Prize is subject to change. The dates, schedules, value and availability of the Prize is at the sole and absolute discretion of each of the prize suppliers and not under DraftKings’ control. DraftKings accepts no responsibility for any date, location or schedule changes, any variation in the value of the Prize, any variation to the Prize, or the unavailability of the Prize.
(b) The Prize is not transferable or exchangeable and cannot be taken as, or redeemed for, cash. The prize must be taken as offered and cannot be varied (except by DraftKings at its sole discretion).
(c) if they are the winner of the Prize:
a. any use of the Prize and any tickets, passes or vouchers forming part of the Prize are subject to the terms and conditions of the prize supplier (applicable to the Prize) and may be conditional on:
i. the written acceptance by the winner of those terms and conditions; and
ii. the execution by the winner and their companion (if any) of a consent form, in such forms as DraftKings may require in its sole and absolute discretion.
b. Each of the winner and their companion (if any) must be able to take the Prize on/between the dates specified by DraftKings (which will be communicated to the winner at a time specified by DraftKings, in its absolute discretion, after the Contest Period).
c. If the winner is not able to take the Prize on the dates specified by DraftKings, they are no longer eligible to take the Prize. DraftKings has the right, in its sole and absolute discretion, to award the Prize to another Player.
d. The Prize must be claimed by 14 January 2020 by completion of a form provided by DraftKings.
e. The winner and their companion (if any) are responsible for obtaining travel insurance (and all other forms of insurance).
f. All costs associated with the Prize which are not specified expressly in these Contest Rules, including but not limited to, travel costs, transfer costs (including transport to and from the airport), meals, incidentals, passenger tariffs or duties, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses of the winner and their companion, are the sole responsibility of the winner, and DraftKings shall not be responsible.
g. The winner and their companion shall wear DraftKings branded patches, attire, and/or wear or display promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings at no cost to DraftKings.
h. The winner and their companion (if any) must all times during the course of their participation in the Prize:
i. conduct him/herself in a responsible manner, and shall not be involved in any conduct or activity that may bring DraftKings into disrepute;
ii. follow all reasonable direction given by DraftKings (and its representatives) and any prize supplier, including any direction in relation to health, age, behaviour, safety, legal and all requirements and conditions contained in these Contest Rules.
i. In the event the winner or their companion (if any), in the reasonable opinion of DraftKings:
i. does not comply with these Contest Rules (or any other applicable rules or requirements as set out in these Contest Rules); or
ii. is unable to, or refuses to, use or take any element of the Prize for whatever reason, including refusal of entry or departure into or out of the United States and/or Australia,
they are no longer eligible to take the Prize.
In this circumstance, DraftKings may, in its sole and absolute discretion, at any time, refuse to provide any and all elements of the Prize to the winner, without any compensation, and award the Prize to another Player. In this circumstance, the winner may be required to return, refund or otherwise make restitution of the Prize.
j. If DraftKings becomes aware after a Player has won the Prize that the winner has not complied with these Contest Rules, or is unable to use any element of the Prize, that winner will have no entitlement to the Prize, even if he/she has been announced by DraftKings as the winner. In this circumstance, the winner may be required to return, refund or otherwise make restitution of the Prize.
THE WINNER
DraftKings will contact the winner using the information provided for his/her DraftKings account to advise the winner how to collect the Prize.
The winner acknowledges that he/she must promptly provide, at the request of DraftKings made from time to time, identification information (including but not limited to, proof of identity and age), copy of any passport, visa and/or entry permits to verify the winner’s identity, age, residential address and eligibility to enter the Contest and/or claim the Prize. If a winner does not provide information or documents to the reasonable satisfaction of DraftKings (or its representative), DraftKings (or its representative) has the right, at its absolute discretion, to refuse to allow the winner to receive their prize.
DraftKings reserves the right to refuse to allow the winner to receive the Prize if the winner is unable to or refuses or fails to comply with these Contest Rules.
If DraftKings refuses to allow the winner to receive the Prize (in accordance with these Contest Rules), or the winner is not otherwise able to take the Prize, DraftKings may, in its sole and absolute discretion, award the Prize to the Player with the next highest fantasy points result in the Contest.
(hereinafter, the sections headed ‘Conditions on claiming the Prize’ and ‘the Winner’ are collectively the “Requirements”).
EFFECT OF CONTEST RULES ON Rules of Play
The Rules of Play shall apply to the Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Rules of Play, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Rules of Play. To the extent the any provision of these Contest Rules conflicts with any provision in any of the Rules of Play, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Rules of Play unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Rules of Play shall these Contest rules to be deemed to replace or nullify any provision contained in the Rules of Play.
PRIVACY POLICY
By entering into the Contest and/or providing DraftKings with their contact details, a Player consents to DraftKings accessing, collecting and using the Player’s personal information in accordance with DraftKings’ Privacy Policy.
Players acknowledge that DraftKings may disclose a Player’s personal information to third parties for the purposes of conducting the Contest (including promotional, marketing and publicity purposes) and delivering to the winner the Prize.
LIMITATION OF LIABILITY
To the extent permitted by law, each Player agrees to indemnify DraftKings and its related bodies corporate (and their respective officers, employees and agents) against all liability or loss (including special or consequential loss), damage, expense or injury that is suffered or incurred by a Player in connection with:
(a) entry into, or participation in, this Contest;
(b) acceptance or use of the Prize;
(b) any technical difficulties or equipment malfunction (whether or not under the control of DraftKings);
(c) any theft, unauthorised access or third party interference; or
(e) modification or cancellation of the Contest or Prize (in whole or in part).
For the avoidance of doubt, a Player’s rights under the Australian Consumer Law (as defined in the Competition and Consumer Act 2010 (Cth)) in respect of DraftKings’ services are not excluded, restricted or modified by this clause.
To the extent that liability cannot be excluded by law, and can be limited, DraftKings’ total liability to the winner for any loss or damage suffered or incurred by the winner arising out of or in connection with the Contest is limited to an amount equal to the total value of the Prize (as specified in these Contest Rules).
MARKETING DISCLAIMER
By entering into the Contest, each Player agrees to receive marketing materials from DraftKings, subject to the Player opting out when the Player so desires. For the avoidance of doubt, a Player’s information will not be shared or sold to any outside party.
CONSENT OF USE
By entering into the Contest, each Player agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, videos, voices, entries and the like of the Player for any purpose in any media, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings, Inc.
MISCELLANEOUS
If this Contest is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of DraftKings, including, but not limited to, technical difficulties, unauthorised intervention or fraud, DraftKings reserves the right, in its absolute discretion, to the fullest extent permitted by law:
(a) to disqualify any Player; or
(b) to modify, suspend, terminate or cancel the Contest, as appropriate.
As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings’ ability to grant to the winners the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), 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. In the event of a Force Majeure, DraftKings may reschedule the Contest, or may cancel the Contest altogether.
DraftKings reserves the right to alter these rules at any time in DraftKings’ sole discretion upon reasonable notice by displaying the amended rules on the DraftKings website.
By participating in the Contest, each Player agrees to be bound by the terms of these Contest Rules, and the Rules of Play, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.
Each Player, by participating in the Contest, acknowledges that:
(a) this Contest is subject to the laws of the Northern Territory; and
(b) any dispute arising under these Contest Rules or otherwise in respect of this Contest, will be submitted to and determined by to the exclusive jurisdiction of the Northern Territory Racing Commission of the Northern Territory.