IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS PRO FOOTBALL SURVIVOR CONTEST
IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE DRAFTKINGS PRO FOOTBALL SURVIVOR CONTEST. THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
A. Rules and Eligibility
1. The DraftKings Pro Football Survivor Contest (“Contest”) is the sports betting tournament commencing at kickoff of the first regular season game of the National Football League (“NFL”) 2024-2025 season (“Kickoff”) exclusively for DraftKings customers who enter the Contest (each a “Contestant” and, collectively, “Contestants”). The Contest will be administered and scored according to these Rules.
2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, you agree to be bound by, and subject to, these Rules, the DraftKings Sportsbook Terms of Use (available at: https://sportsbook.draftkings.com by scrolling to the bottom of the page and clicking “Terms of Use”) for the state you are physically located in while participating in the Contest (the Terms of Use in different states may not be identical to each other), and the DraftKings Privacy Notice (available at: https://sportsbook.draftkings.com). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Notice. In addition to other remedies provided in these Rules or in the DraftKings Sportsbook Terms of Use, your failure to comply with these Rules or the DraftKings Sportsbook Terms of Use may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined below) as determined by DraftKings in its sole discretion.
3. DraftKings reserves the right to amend these Rules, the Sportsbook Terms of Use, or the DraftKings Privacy Notice at any time, and it is your responsibility to review these Rules, the Sportsbook Terms of Use, and the DraftKings Privacy Notice for any changes. By entering the Contest or by participating in the Contest after we change these Rules, the Sportsbook Terms of Use, or the DraftKings Privacy Notice, you accept all changes thereto. Any change in the structure of the Prize (as defined below) shall be made prior to Kickoff.
4. DraftKings reserves the right to change, modify, suspend, delay, or cancel this Contest at any time. In the event DraftKings cancels this Contest prior to Kickoff, you may be entitled to a refund.
5. DraftKings reserves the right, in its sole discretion, to exclude any individual(s) or remove any Contestant(s) from participation in the Contest, including, but not limited to in instances where DraftKings determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the individual or Contestant’s entry or selections.
6. To be eligible to enter and participate in the Contest, each Contestant must: (i) be the owner of the DraftKings Sportsbook account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the DraftKings Sportsbook Terms of Use; (iv) be at least twenty one (21) years of age (or at least eighteen (18) years of age in the event the Contestant is participating within the state of New Hampshire or Wyoming) as of the date of Contest entry; (v) have a valid United States Social Security Number; (vi) not be self-excluded from online gaming; (vii) not be excluded from play on DraftKings Sportsbook; and (viii) be physically located in the state of Arizona, Colorado, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, or Wyoming.
7. DraftKings reserves the right to include additional states other than Arizona, Colorado, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, or Wyoming in the event such states approve DraftKings operating the Contest in the respective state. In such event, such Contestants shall be required to comply with these Rules, as well as any applicable state regulations.
8. By entering or participating in the Contest, Contestants: (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ reasonable requests, including, but not limited to requests for information; (v) agree, at all times while participating in the Contest, to use their best efforts to uphold the good name, image, and reputation of DraftKings and to refrain from making any statements or engaging in conduct that could damage or bring into disrepute the name, image, and/or reputation of DraftKings; and (vi) agree, at all times while participating in the Contest, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation.
B. Entry into the Contest
1. To enter the Contest individuals must officially register through their DraftKings account, either at https://sportsbook.draftkings.com/pools, https://www.draftkings.com/pools, or on the DraftKings mobile application. Individuals can enter the Contest through the Pools Lobby. The entry period will begin June 20, 2024 at 12:00:00 PM and close at 1:00:00 p.m. on the Sunday of the first week of the 2024-2025 NFL regular season (currently scheduled for September 8, 2024). There are five (5) entry fee levels for the Contest: (i) one dollar ($1.00) (the “$1 Entry Fee Level”), (ii) ten dollars ($10.00) (the “$10 Entry Fee Level”), (iii) one hundred dollars ($100) (the “$100 Entry Fee Level”), (iv) one thousand dollars ($1,000.00) (the “$1,000 Entry Fee Level”), and ten thousand dollars ($10,000.00) (the “$10,000 Entry Fee Level”). The Contest at each entry fee level will operate independently and there will be a separate prize pool at each entry fee level (i.e. the prize pools at different entry levels will not be combined) and these Rules apply to each entry fee level. Individuals may enter this Contest in multiple entry fee levels, but must make separate entries at each entry fee level and pay the entry fee for each entry in all entry fee levels they wish to enter (e.g. paying an entry fee of one thousand dollars ($1,000) to enter the $1,000 Entry Fee Level does not automatically enter a Contestant in the $100 Entry Fee Level, the $10 Entry Fee Level, or the $1 Entry Fee Level), and Contestants may not exceed the allowable number of entries in each entry fee level as set forth in these Rules. Each entry will only be counted in the specific entry fee level into which it is made, and not in any other entry fee level. The entry fees for the different levels are as follows: the entry fee for the $1 Entry Fee Level is one dollar ($1.00); the entry fee for the $10 Entry Fee Level is ten dollars ($10.00); the entry fee for the $100 Entry Fee Level is one hundred dollars ($100); the entry fee for the $1,000 Entry Fee Level is one thousand dollars ($1,000); and the entry fee for the $10,000 Entry Fee Level is ten thousand dollars ($10,000). Contestants may make up to one hundred fifty (150) entries in the $1 Entry Fee Level, one hundred fifty (150) entries in the $10 Entry Fee Level, one hundred fifty (150) entries in the $100 Entry Fee Level, fifty (50) entries in the $1,000 Entry Fee Level, and three (3) entries in the $10,000 Entry Fee Level. Each of a Contestant’s entries will be treated independently from one another. There is no maximum number of Contestants who may enter the Contest.
C. Operation of the Contest
1. Each Contestant must select one (1) NFL team for each NFL Week of the 2024-2025 NFL regular season. For purposes of this Contest, NFL Week means Wednesday to Tuesday. In the event the team a Contestant selects for the given week wins or ties, that Contestant will remain in the Contest; however, in the event the team a Contestant selects for the given week loses, that Contestant is eliminated from the Contest. Contestants may only pick each NFL team once during the Contest. In the event a Contestant fails to make a selection for a given week of the 2024-2025 NFL regular season, that Contestant will be eliminated from the Contest.
2. Under no circumstances may a Contestant select a team or modify a selection after the start of the selected team’s game. For games each NFL Week starting on or after Sunday at 1:00:00 p.m. (including but not limited to Monday night games), a Contestant must make or modify their weekly selection by 1:00:00 p.m. of that NFL Week’s Sunday, regardless of the game’s start time. For all games that start prior to Sunday at 1:00:00 p.m., Contestants may make or modify their selection up until the start time of the selected team’s game. In the event the selected team’s game is delayed or postponed to a later NFL Week of the regular season or the selected team’s game is canceled, the selection will be counted as a loss. DraftKings uses official NFL determinations to determine whether an NFL game is considered to be delayed, postponed, canceled, or completed. In connection with each NFL Week, Wednesday shall be considered the first day of the NFL Week and Tuesday shall be considered the last day of the NFL Week. For example, any game played on a Wednesday or Thursday shall be treated as occurring before Sunday at 1:00:00 PM for the applicable NFL Week, and any games played on Monday or Tuesday shall be treated as occurring after Sunday at 1:00:00 PM for the applicable NFL Week.
3. Contestants must make their selections through the DraftKings website or mobile application. Each NFL Week’s games will be available for selection before the first game of the season, and contestants may make selections for as many consecutive weeks as they choose. These selections will be editable until the respective lock time for each NFL Week. . Selections cannot be submitted by email, phone, or in person. A selection in the Contest cannot be made by any individual other than the owner of the DraftKings account that entered the Contest (i.e., no proxy play allowed). To make or modify the weekly selection, a Contestant must be located in the state of Arizona, Colorado, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, or Wyoming at the time the Contestant is making or modifying the weekly selection.
4. DraftKings will provide a public Contest board, which will record all selections made by each Contestant. A Contestant’s selection will not appear on the public Contest board until all selections for that week have locked. Contestants’ usernames will be posted to the public Contest board.
5. In the event the 2024-2025 NFL regular season is modified or shortened to eleven (11) weeks or fewer, or in the event the 2024-2025 NFL regular season is canceled prior to the conclusion of week twelve (12) of the 2024-2025 NFL regular season, the Contest will be canceled, the Prize (as defined below) will not be paid, and DraftKings will refund the entry fee(s) to all eligible Contestants. The preceding sentence shall not apply to a particular entry fee level in the event a single Winner (as defined below) was determined at that entry fee level prior to such cancellation or modification of the 2024-2025 NFL regular season. In the event the 2024-2025 NFL regular season is modified or shortened but continues for twelve (12) weeks or more or the 2024-2025 NFL regular season is canceled after the conclusion of week twelve (12) of the 2024-2025 NFL regular season, Winner(s) will be determined in accordance with these Rules.
D. Contest Winner and Prizes
1. The “Prize Pool” for the Contest at each entry fee level consists of all Contestant entry fees, less a certain administrative fee for each entry fee level. These administrative fees for each entry fee level are as follows: (i) fifteen percent (15%) of the entry fee or fifteen cents ($0.15) for the $1 Entry Fee Level, (ii) fifteen percent (15%) of the entry fee or one dollar fifty cents ($1.50) for the $10 Entry Fee Level, (iii) ten percent (10%) of the entry fee or ten dollars ($10.00) at the $100 Entry Fee Level, (iv) six percent (6%) of the Entry Fee or sixty dollars ($60) at the $1,000 Entry Fee Level, and (v) five percent (5%) of the Entry Fee or five hundred dollars ($500) at the $10,000 Entry Fee Level. The amount of the Prize Pool for the Contest at each entry fee level will depend on the number of Contestants who enter the Contest at the relevant entry fee level, provided that the Contest has a guaranteed Prize Pool of no less than the following at each entry fee level: twenty-five thousand dollars ($25,000) at the $1 Entry Fee Level, four hundred thousand dollars ($400,000) at the $10 Entry Fee Level, one million five hundred thousand dollars ($1,500,000) at the $100 Entry Fee Level, five hundred thousand dollars ($500,000) at the $1,000 Entry Fee Level, and one hundred thousand dollars ($100,000) at the $10,000 Entry Fee Level.
2. In the event only one (1) Contestant remains in the Contest at a particular entry fee level after any given week of the Contest, the Contest at that entry fee level shall be deemed concluded and, subject to these Rules, such Contestant shall be deemed the winner of the Contest (“Winner”) at that entry fee level, and the entire Prize Pool for that entry fee level will be awarded to the Winner.
3. In the event no Contestants remain in the Contest at a particular entry fee level after a given week of the Contest, the Contest at that entry fee level shall be deemed concluded, and, subject to these Rules, all Contestants who survived the prior round of the Contest at that entry fee level shall be deemed the Winners of the Contest at that entry fee level. In the event more than one (1) Contestant at a particular entry fee level made correct selections for all weeks of the 2024-2025 NFL regular season, and provided the Contest was not canceled in accordance with Section C(5), the Contest at that entry fee level shall be deemed concluded, and, subject to these Rules, all Contestants who made correct selections for all weeks of the 2024-2025 NFL regular season shall be deemed the Winners of the Contest at that entry fee level. In the event of multiple Winners in a particular entry fee level, the Prize Pool will be split equally among all Winners at that entry fee level.
4. In order to claim the Prize Pool at a particular entry fee level or a portion of the Prize Pool (each, a “Prize”) in the event there are multiple Winners at a particular entry fee level, the Winner(s) must execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfillment. In the event a Winner is not able to meet or violates these Rules or the DraftKings Sportsbook Terms of Use, as determined by DraftKings in its sole discretion, that Winner may not be entitled to the Prize, or to any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole discretion, and DraftKings will have no further obligation to that Winner.
5. The Winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability is the responsibility of the Winner(s).
E. Miscellaneous Terms and Conditions
1. The DraftKings Sportsbook Terms of Use shall apply to the Contest and these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Sportsbook Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Sportsbook Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings Sportsbook Terms of Use, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Sportsbook Terms of Use unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Sportsbook Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Sportsbook Terms of Use. For the avoidance of doubt, the limitation of liability contained in the DraftKings Sportsbook Terms of Use shall be deemed to apply to your participation in the Contest.
2. The DraftKings Privacy Notice shall apply to the Contest and to these Rules and is hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Privacy Notice and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Notice. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Notice, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Privacy Notice unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Notice, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Notice. A Contestant’s information will be used subject to the DraftKings Privacy Notice and these Rules. Contestants understand and acknowledge that their selections for the Contest, once locked, shall be made public and displayed on the Contest board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.
3. By entering the Contest, each Contestant agrees to receive communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.
4. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant hereby agrees and consents, without further authorization, compensation, or remuneration of any kind, to the editing, modification, replication, publication, and/or other use of the Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings or the Contest. Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to DraftKings without further authorization, compensation, or remuneration of any kind.
5. All references to time of day contained herein refer to the Eastern Time Zone.
6. In the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the Contest, or may cancel the Contest altogether. As used herein, “Force Majeure Event” shall mean the interruption of or material interference with DraftKings’ ability to hold the Contest or to grant the Prize by any cause or occurrence not within DraftKings’ 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.
7. Employees of DraftKings or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or canceled by the Contestant. DraftKings is not responsible for any website performance issue, including, but not limited to those that result in a delay or prevention of participation in the Contest or a selection for the Contest.
The best interests of the Contest and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. DraftKings shall have discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.