NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR
RESTRICTED BY LAW.
1.
Sweepstakes: 9/29/20 DRAFTKINGS T-Shirt Sweepstakes
(“Sweepstakes”).
2.
Sponsor: DraftKings, 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 the 9/29/20 DRAFTKINGS
T-Shirt Sweepstakes Official Rules (“Official Rules”), the General Rules for all
sweepstakes and contests offered by Sponsor, the decisions of Sponsor,
whose decisions shall be final and binding in all respects, and to waive any
right to claim ambiguity in the Sweepstakes, the Official Rules, or the
General Rules, which are incorporated herein by reference.
4.
Entry Period: The Sweepstakes begins at 1
2:00:00 pm. Eastern Time
(“ET”) on 9/29/20 and ends at 10:00:00 p.m. (ET) on 9/29/20, (the “Entry
Period”). Eastern Time shall control for all purposes of the Sweepstakes.
Sponsor’s computer shall be the official clock for all purposes of the
Sweepstakes.
5.
Twitter® Disclaimer: As condition of participating in the Sweepstakes,
you agree and acknowledge that Twitter, Inc. and its owners, directors,
officers, employees, contractors, agents, representatives, parents,
subsidiaries, attorneys, insurers, and associated corporations and entities
(collectively, the Twitter Group”) 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 Twitter Group. You also agree that as a
condition of participating in the Sweepstakes, you shall release the Twitter
Group 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 (excluding Puerto Rico and U.S. territories and
possessions) who (i) have attained the age of majority in their state of
residence as of the date of entry into the Sweepstakes; (ii) satisfy all other
requirements contained herein; and (iii) at all times abide by these Official
Rules. Employees of Sponsor and each of its respective affiliates, officers,
directors, employees, agents, advertising, public relations and promotion
agencies, the judges, 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 are not eligible to enter.
7.
How to Enter: There is one (1) method of entry for the Sweepstakes. In
order to participate, you must be a registered user of and follow
@AdamMKaufman” on www.Twitter.com. To become a registered user, visit
www.Twitter.com and complete the onscreen instructions to sign up for an
account. To “follow” @AdamMKaufman on www.Twitter.com, login to your
Twitter account and select “Find People” from the tool bar at the top of the
homepage. When the search box appears, enter “@AdamMKaufman” and
then click on the “Search” button. Select “Follow” when the
@AdamMKaufman icon appears.
During the Entry Period, Sponsor will send a “tweet” asking followers to
Retweet their Sweepstakes tweet and follow @dklive. To enter, you must
retweet the Sweepstakes Tweet using the retweet function within
www.Twitter.com from your Twitter account during the Entry Period. An entry
received outside of the Entry Period will be deemed ineligible.
Limit One (1) entry per person per Entry Period, regardless of the method of
entry. Anyone found to be using multiple accounts to enter the Sweepstakes
or submitting multiple Tweets in violation of the Twitter Rules & Policies will
be deemed ineligible and all of his or her entries may be deemed void.
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 shall not have any obligation to advise an entrant
of an incomplete, invalid, or undeliverable submission. No illegible,
incomplete, forged, or altered entries will be accepted. Proof of retweeting
the Sweepstakes Tweet does not constitute proof of receipt or entry into the
Sweepstakes. All entries become the exclusive property of Sponsor and will
not be acknowledged or returned.
8.
Prizes and Odds: Odds of winning depend on the number of eligible
entries received during the Entry Period.
Prize Period: One (1)
No. of Winners of Each Prize: 10
Prize Description: DraftKings T-Shirt
Approximate Retail Value: $25.00
Total Approximate Retail Value of All Prizes: $250.00
9.
Selection of Winner(s): On or about 9/29/20, (10) potential winners will
be randomly selected by Sponsor from among all eligible entries received
during the Entry Period. The potential winner will be notified by Sponsor as
soon as practicable following the end of the Entry Period. Sponsor will notify
the potential winner(s) by sending a “direct message” to the potential winner
registered Twitter.com account. If a potential winner cannot be contacted or
does not respond within 20 minutes, an alternate potential winner may be
selected. Sponsor’s decisions are final on all matters relating to this
Sweepstakes.
10.
Questions: If you have any questions regarding the Sweepstakes, send
an e-mail to support@draftkings.com with the subject line “9/29/20
DraftKings T-Shirt Sweepstakes Question”.
11.
Applicable Rules And Winner’s List: For any legally required winners’
list, send a self-addressed stamped envelope (unless otherwise prohibited by
local law) to DraftKings, Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116,
Attn: DraftKings “9/29/20 DRAFTKINGS T-Shirt Sweepstakes ” Winners’ List.
All such requests must be received within three (3) months after the end of
the Sweepstakes.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY,
OR ASSOCIATED WITH TWITTER, INC. YOU ARE PROVIDING YOUR
INFORMATION TO SPONSOR AND NOT TO TWITTER, INC. THE INFORMATION
YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL
RULES AND SPONSOR’S PRIVACY POLICY, 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: The DraftKings General Rules (“General
Rules”) apply to all sweepstakes and contests offered by Sponsor (as defined
in the Official Rules) unless modified or superseded by the rules for a specific
sweepstakes or contest (the “Official Rules”). In the event that any provision
of the Official Rules conflicts with any provision of the General Rules
provided herein, the terms of the Official Rules shall prevail with respect to
such matter. Sponsor reserves the right to interpret the rules of any
sweepstakes or contest at 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 but not limited to multiple submissions, submissions
using a false identity, submissions made 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 will
render an entrant ineligible to participate and Sponsor reserves the right to
disqualify any entrant who attempts to undermine the legitimate operation
of the sweepstakes or contest, acts in a disruptive manner, or violates these
General rules or the applicable 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 e-mail address associated with the entry. Authorized
account holder is defined as the person assigned to an e-mail address by an
Internet access provider, on-line service provider or other organization
responsible for assigning e-mail addresses. 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 a given sweepstakes
or contest will be determined from all eligible entries received during the
Entry Period and notified according to the Official Rules for the respective
sweepstakes or contest. In the event that a sweepstakes or contest has
multiple prize periods, entrants may enter more than one (1) prize period,
but winner(s) will NOT be eligible to win prizes in subsequent prize periods
and non-winning entries will NOT be carried forward to subsequent prize
period drawings.
4.
Winner Verification: The prize winner(s) are only potential winner(s)
and 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: (i) a potential
prize winner cannot be reached for whatever reason after a reasonable effort
has been exerted or a winner notification or Affidavit is returned as
undeliverable; (ii) a potential prize winner declines or cannot accept, receive
or use a prize for any reason; (iii) of noncompliance with the above or within
any of the applicable time periods; (iv) a potential prize winner is found to be
ineligible to enter the sweepstakes or contest or to receive a prize; (v) a
potential prize winner cannot or does not comply with these General Rules
and/or the applicable Official Rules; or (vi) a potential prize winner fails to
fulfill the Affidavit-related obligations, such potential prize winner may be
disqualified from the sweepstakes or contest and an alternate potential prize
winner may be selected, at Sponsor’s sole discretion, even if the disqualified
potential prize winner’s name has been publicly announced. If 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 respective sweepstakes or
contest. Sponsor reserves the right to repeat this process until an alternate
potential prize winner complies with the verification of eligibility
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.
ALL POTENTIAL PRIZE WINNER ARE SUBJECT TO VERIFICATION BY SPONSOR.
SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF
THE SWEEPSTAKES OR CONTEST, ANY CHANGES TO THESE GENERAL RULES
OR THE OFFICIAL RULES, AND THE SELECTION OF THE POTENTIAL PRIZE
WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS
RELATED TO THE SWEEPSTAKES OR CONTEST.
5.
Prize Restrictions: Each prize will be awarded only if 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 sweepstakes or contest 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 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
applicable Official Rules, or if a prize is unclaimed or returned as
undeliverable, the prize will be forfeit. A forfeited prize may be awarded to
an alternate potential prize winner, at Sponsor’s sole discretion. Taxes and
fees, if any, are the sole responsibility of the prize winner(s). 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, BUT NOT LIMITED TO, 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 a sweepstakes or contest 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 sweepstakes or contest in
which you participated as well as 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 a sweepstakes
or contest offered by Sponsor, 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 set forth below.
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 sweepstakes or contest will be
governed by the internal laws of the Commonwealth of Massachusetts. Any
and all legal actions or claims arising in connection with the sweepstakes or
contest 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 sweepstakes or contest or any prize
awarded shall be resolved individually, without resort to any form of class
action, and exclusively by state or federal courts situated in Boston, MA; (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 a sweepstakes or contest 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 s/he is
eligible to participate in the respective sweepstakes or contest.
By participating, 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 sweepstakes or contest, and each of its and their directors, employees,
officers, and agents from and against any and all third-party 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
sweepstakes or contest, including without limitation (i) the administration of
the sweepstakes or contest, such as typographical, printing, seeding, human
or other errors relating to or in connection with the sweepstakes or contest,
the processing of entries, the announcement of the prize or any related
materials, 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 a sweepstakes or contest offered by Sponsor or
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 sweepstakes or contest or any
sweepstakes or contest-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 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 applicable sweepstakes or contest, or with the intent to annoy, abuse,
threaten or harass any other person. Without limiting the foregoing, in the
event Sponsor is prevented from continuing with a sweepstakes or contest
as contemplated in the applicable Official Rules by any event beyond its
control, including, without limitation, a force majeure, fire, flood, epidemic or
other national health emergency, earthquake, explosion, labor dispute or
strike, act of God or public enemy, satellite or equipment failure, riot or civil
disturbance, terrorist threat or activity, war (declared or undeclared,) or any
federal, state or local government law, order, or regulation, order of any
court or jurisdiction, public health crisis, or other cause not reasonably within
its control, then Sponsor shall also have the right to modify, suspend, extend
or terminate the respective sweepstakes or contest. In the event that a
sweepstakes or contest is terminated, cancelled, or postponed for any
reason whatsoever, the ARV 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 A SWEEPSTAKES OR
CONTEST OFFERED BY SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST
EXTENT PERMITTED BY LAW.
9.
Privacy Policy: Entrants may receive email correspondence from, or on
behalf of Sponsor, subject to Sponsor’s privacy policy, available at
https://www.draftkings.com/help/privacynotice. Any questions regarding
privacy matters should be directed to the address set forth in the applicable
Official Rules for important information regarding the collection, use, and
disclosure of personal information by Sponsor.
12.
OPT-OUT: If you do not wish to receive any further notices from
Sponsor regarding future promotional or marketing offerings, send your
name and address to DraftKings, Inc., 222 Berkeley St, 5th Floor, Boston, MA
02116, Attn: DraftKings Opt-Out.