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 INTO THE SWEEPSTAKES, YOU MUST: (i) BE A LEGAL RESIDENT OF THE UNITED STATES PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES OR WASHINGTON D.C.; (ii) BE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND (iii) HAVE A VALID PUBLIC INSTAGRAM ACCOUNT.
1. Sweepstakes: DraftKings X All the Smoke X Shoe Surgeon DraftKings Social Media Giveaway Sweepstakes (“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 X All the Smoke X Shoe Surgeon DraftKings Social Media Giveaway 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 12:00:00 PM on June 10, 2024 and ends at 12:00:00 PM on June 17, 2024 (the “Entry Period”). All references to time of day contained in these Official Rules 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 Meta Platforms, Inc. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Platform”) and Surgeon Worldwide Inc. 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 nor Surgeon Worldwide Inc. You also agree that as a condition of participating in the Sweepstakes, you shall release the Social Media Platform and Surgeon Worldwide Inc. 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 physically located in the one (1) of the fifty (50) United States or Washington D.C.; (ii) are at least eighteen (18) years of age; (iii) have a valid public Instagram account; (iv) are not voluntarily (e.g., self-exclusion) or involuntarily excluded from play on DraftKings platforms; (v) are not included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (vi) are not temporarily or permanently banned from playing on any DraftKings website or mobile application; (vii) maintain any DraftKings accounts in good standing; (viii) satisfy all other requirements contained herein; and (x) at all times abide by these Official Rules. You 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 their respective affiliates, agents, and advertising, public relations, and promotion agencies, Surgeon Worldwide Inc., 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 Sweepstakes.
7. How To Enter: There is only one (1) method of entry for the Sweepstakes. To enter the Sweepstakes, you must: (i) “follow” each of the @draftkings, @allthesmoke, and @thesurgeon Instagram accounts; and (ii) and “like” the @draftkings Instagram account post specified as the Sweepstakes post, which will be posted on the @draftkings Instagram account on or around 12:00:00 PM ET on June 10, 2024. Any entry received outside of the Entry Period will be deemed ineligible. In the event you do not have an existing Instagram account, you can create one for free. To create an Instagram account, visit https://www.instagram.com/ and complete the onscreen instructions. To “follow” @draftkings on Instagram, log in to your Instagram account and select “search” from the toolbar at the bottom of the homepage. When the search box appears, enter “@draftkings” and click on the account. Once you are at the @draftkings Instagram account, select “follow” to follow the account. You must follow the @draftkings Instagram account to be eligible to win. To “like” the @draftkings account Instagram post specified as the Sweepstakes post, click on the post and click the “heart” icon underneath the Instagram post or double tap the image. To “follow” @allthesmoke on Instagram, log in to your Instagram account and select “search” from the toolbar at the bottom of the homepage. When the search box appears, enter “@allthesmoke” and click on the account. Once you are at the @allthesmoke Instagram account, select “follow” to follow the account. You must follow the @allthesmoke Instagram account to be eligible to win. To “follow” @thesurgeon on Instagram, log in to your Instagram account and select “search” from the toolbar at the bottom of the homepage. When the search box appears, enter “@thesurgeon” and click on the account. Once you are at the @thesurgeon Instagram account, select “follow” to follow the account. You must follow the @thesurgeon Instagram account to be eligible to win. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. In the event you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Limit: one (1) entry per person. Anyone found to be using multiple accounts to enter the Sweepstakes or violating the Social Media Platform’s terms of service will be deemed ineligible for the Sweepstakes, and all of their entries may be deemed void (as determined by Sponsor in its sole and absolute discretion). Automated and/or third-party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address and/or Instagram 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, misdirected, or invalid 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 “liking” the Sweepstakes post 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. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Instagram 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 Instagram account holder. Entries specifying an invalid, non-working, or inactive email address may be disqualified and ineligible to win.
8. Prize 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, five (5) winners will receive one (1) pair of “All The Smoke” podcast-themed shoes designed by Dominic Chambrone known as the Shoe Surgeon (each, a “Prize” and collectively, the “Prizes”).
Approximate Aggregate Retail Value of the Prizes: $3,000
Prize Restrictions: Sponsor reserves the right, in its sole discretion, to substitute the Prize with an equivalent prize of equal or greater value. All applicable federal, state, and local taxes, and all fees and expenses related to acceptance and use of the Prize not specifically stated herein are the sole responsibility of the winner. Sponsor will not replace the Prize in the event it is lost or stolen. Sponsor is not responsible for any delay or cancellation of Prize delivery due to unforeseen circumstances or circumstances outside of its control. Prize is limited to those items specifically mentioned in the Prize description. The winner is responsible for all other costs that may be associated with the Prize, including, but not limited to, transportation to/from the Event. Additional restrictions, conditions, and limitations may apply.
9. Selection of Winner: On or about June 17, 2024, Sponsor will randomly select the potential Prize winners from among all eligible entries received during the Entry Period. The odds of winning are based on the number of eligible entries received. Upon verification of the potential Prize winners’ eligibility, on or about June 17, 2024, the Prize winners will be notified by direct message via Instagram from the @draftkings Instagram account to the account used to enter the Sweepstakes with details on how to redeem the Prize. In the event a potential winner cannot be contacted or does not respond within twenty-four (24) hours, an alternate potential winner may be selected.
10. Questions: In the event you have any questions regarding the Sweepstakes, send an email to [email protected] with the subject line “DraftKings X All the Smoke X Shoe Surgeon DraftKings Social Media Giveaway Sweepstakes”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules of 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 X All the Smoke X Shoe Surgeon DraftKings Social Media Giveaway Sweepstakes Winners List. All such requests must be received within three (3) months after the end of the Sweepstakes.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO META PLATFORMS, 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.
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 sweepstakes offered by Sponsor (the “Sweepstakes”) 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 Sweepstakes 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 Sweepstakes, and Sponsor reserves the right to disqualify from the Sweepstakes any entrant who attempts to undermine the legitimate operation of the Sweepstakes, 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, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the proper entrant. 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 Sweepstakes will be determined from all eligible entries received during the Entry Period. The potential winner(s) of the Sweepstakes will be notified according to the Official Rules for the Sweepstakes.
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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes. 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 SWEEPSTAKES, 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 SWEEPSTAKES.
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 Sweepstakes 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 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 Sweepstakes 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 at any time through your account under the Preferences tab by clicking “email preferences”.
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 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 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 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 Sweepstakes 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 Sweepstakes.
By participating in the Sweepstakes, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and Sweepstakes agencies, Surgeon Worldwide Inc., and all others associated with the development and execution of the Sweepstakes, 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 Sweepstakes, including, without limitation, (i) the administration of the Sweepstakes, including, without limitation, typographical, printing, seeding, human or other errors relating to or in connection with the Sweepstakes, 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 Sweepstakes 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 Sweepstakes or any Sweepstakes-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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes, or cancel the Sweepstakes altogether, in the event Sponsor determines, in its sole discretion, that the Sweepstakes 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 Sweepstakes, or may cancel the Sweepstakes altogether. As used herein, “Force Majeure Event” means the interruption of or material interference with Sponsor’s ability to hold, execute, or administer the Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES 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.
9. Privacy Notice: 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 [email protected].
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 protected].