DraftKings Wild Cards Instant Win Challenge - Terms & Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PROMOTION BEGINS ON 08/02/21 AT 12:00:01 AM EASTERN TIME (“ET”) AND ENDS ON 09/13/21 AT 11:59:00 PM ET.

1. Promotion: DraftKings Wild Cards Instant Win Challenge (“Promotion”).

2. Sponsor: DraftKings Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116 (“Sponsor”).

3. Acknowledgement: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by these DraftKings Wild Cards Instant Win Challenge Official Rules (“Official Rules”), the DraftKings General Rules for all Promotions offered by Sponsor (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects. You agree to fully and unconditionally waive any right to claim ambiguity in the Promotion, 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. Sponsor reserves the right to cancel, suspend and/or amend the General Rules or the Official Rules, or any part of them, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the any Promotion, as determined by Sponsor. It is your responsibility to review these Official Rules and the General Rules for any changes. By participating in the Promotion or accepting a prize after we change the Official Rules or the General Rules, you accept all changes thereto.

4. Entry Period: The Promotion begins at 12:00:00 a.m. Eastern Time (“ET”) on 08/02/21, and ends at 11:59:00 p.m. (ET) on 09/13/21 (“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 Promotion.

5. Eligibility: The Promotion is open only to (a) United States residents within the fifty (50) United States, with the exception of residents of the State of New York and the State of Florida; and (b) Canadian resident within the Province of Ontario, who (i) have attained the age of majority in their state of residence as of the date of entry into the Promotion; (ii) satisfy all other requirements contained herein; and (iii) at all times abide by 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; the judges of the Promotion; 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. Sponsor reserves the right to verify the eligibility of winners.

6. How to Enter: During the Promotion Period, (if not already completed prior), you must create an account (the “DraftKings Account”) via the website located at www.draftkings.com (the “Website”) or Sponsor’s mobile applications and agree to the Terms of Use, Privacy Policy, and other user agreement(s) Sponsor may require.

Participants must have an active DraftKings Account (“Account”) to be eligible to enter the Promotion and win a Prize. Signing up for a DraftKings Account is free, provided you meet all eligibility requirements. Closure of your DraftKings Account during the Promotion Period will disqualify you from the Promotion, and you will not be eligible to receive a Prize.

All DraftKings customers with an active Account will automatically receive their first Wild Card entry for free. Each card will either feature a player challenge or an instant win prize. Participants may then earn up to five (5) additional Wild Cards by playing DFS and Sportsbook on the DraftKings website (“DraftKings” or the “Website”), as follows:

You must claim your first free card to start making progress towards future Wild Cards. Your progress will be shown on the Website.

To obtain additional Wild Cards without purchase, you may send your name, home address, DraftKings Account username, and the email address registered with your DraftKings Account on a 3” x 5” card to “DraftKings Wild Cards Instant Win Challenge Wild Card Request” at 125 High Street, Boston, MA 02110. Only one (1) card per envelope, mailed separately. Failure to comply will result in disqualification of all entries. Maximum of five (5) additional Wild Cards per person.

Potential Canadian winners will be required first to correctly answer the mathematical skill testing question. Include on a 3” x 5” postcard the answer to the following skill test question: 8 x 7 + 83 – 9 = ?.

All entries must be postmarked by September 6, 2021 and received by September 13, 2021.

Limit six (6) entries per person, regardless of method of entry. Participants found to be using multiple accounts to enter the Promotion or submitting multiple entries will be deemed ineligible for the Promotion, and all of his or her entries may be deemed void, at Sponsor’s sole discretion. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. 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 an incomplete, invalid, or undeliverable submission or entry. No illegible, incomplete, forged, or altered entries will be accepted. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

Prizes and Odds: Odds of winning each prize are specified in the table below. Limit one (1) prize per person and per household. The Prize(s) and Odds for the Promotion will be as follows:

PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer.

SuperBowl Ticket Prize does not include travel to and from event. SuperBowl Tickets are subject to additional terms and conditions listed on back of ticket. In the event Winner or guest engages in behavior at event that is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Winner home with no further obligations or compensation whatsoever to Winner (which may, in Sponsor’s sole discretion, result in such Winner’s disqualification from the Promotion and forfeiture of any (and/or all) prize(s). In the event Winner or guest engages in behavior at SuperBowl that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

Selection of Winner: Potential winners are selected at random based on odds shown in Section 8 to win the Prizes described there. Subject to verification of eligibility and compliance with these Official Rules and the General Rules, the potential winner(s) will be deemed the official winner(s) of the Promotion. All potential winners are subject to verification; a potential winner is not a winner unless and until verified by Sponsor. The potential winner(s) will be notified by Sponsor as soon as practicable by sending an email to the potential winner’s(s’) e-mail address associated with their DraftKings Account. If a potential winner cannot be contacted or does not respond within seventy-two (72) hours, an alternate potential winner may be selected. Sponsor’s decisions are final on all matters relating to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

If you receive an email indicating that you are eligible to win an Online Instant Win Prize, follow the instructions in the email to claim your prize. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. Except where legally prohibited, upon request, potential Super Bowl Ticket prize winners must sign and return, within three (3) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted in person via email, telephone, and/or registered mail after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period (if applicable), or if potential winner and his/her companion are unavailable to travel within the time period specified by Sponsor, the potential winner will be disqualified and an alternate entrant will be selected in his/her place in a random drawing from among all eligible entries received. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fail(s) to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to, in its sole discretion, not award all prize(s) and/or time permitting, to select an alternate potential winner from among all remaining eligible entries.

1. Questions: If you have any questions regarding the Promotion, send an e-mail to support@draftkings.com with the subject line “DraftKings Wild Cards Instant Win Challenge Promotion”.

2. 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 Wild Cards Instant Win Challenge Winners’ List. All such requests must be received within three (3) months after the end of the Promotion.

EXHIBIT A

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 all Promotions offered by Sponsor unless modified or superseded by the Official Rules for a specific Promotion. 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 any 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, 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 may render an entrant ineligible to participate in a Promotion, and Sponsor reserves the right to disqualify any entrant from a Promotion who attempts to undermine the legitimate operation of the Promotion, 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 Twitter 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 a given Promotion will be determined from all eligible entries received during the Entry Period. The potential winner(s) of a Promotion will be notified according to the Official Rules for the respective Promotion. In the event that a Promotion 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: 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 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 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 Promotion or contest. 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 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 Promotion 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 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. Any and all applicable federal, state, and local taxes and all fees and expenses related to or otherwise associated with the use and acceptance of 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, 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 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 a 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 a 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 respective Promotion.

By participating in a 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 each of its and their directors, employees, officers, and agents 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, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the selection of winners, 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 Promotion or contest 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 the applicable Official Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of a Promotion, or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to cancel, suspend and/or amend these General Rules or the Official Rules, or any part of them, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the any Promotion, as determined by Sponsor. If, for any reason, a Promotion cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Promotion and modify the Promotion to address the impairment, then resume the Promotion in a manner that best conforms to the spirit of these General Rules and/or the Official Rules; and/or (b) terminate the Promotion and award any Prizes at random from among the eligible, non-suspect entries received up to the time of the impairment. It is your responsibility to review these General Rules or the Official Rules for any changes. By participating in a 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 a Promotion, or cancel a Promotion altogether, in the event Sponsor determines, in its sole discretion, that a Promotion cannot be continued with 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 a Promotion, or may cancel a Promotion altogether. As used herein, “Force Majeure Event” shall mean the interruption of or material interference with Sponsor’s ability to hold, execute, or administer a Promotion and/or to grant a prize by any cause or occurrence not within Sponsor’s 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. In the event that a 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 A PROMOTION 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 notice, 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.

10. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding future promotional or marketing offerings, send an email to privacy@draftkings.com.