IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, "Contest Rules") BEFORE ENTERING THE DRAFTKINGS SUPER POOL CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

 

            CONTEST DESCRIPTION

            DraftKings is pleased to announce an exciting new contest, the DraftKings Super Pool Contest (hereinafter, the "Contest" and entrants in said Contest “Contestants”), exclusively for DraftKings players.  Contestants will have the opportunity to win the Grand Prize (defined below).

            To enter the Contest, DraftKings players must officially register at https://sportsbook.draftkings.com/pools or on the DraftKings mobile app. The registration period will begin on September 8th 2019 and close at 1pm EST on September 29th 2019.  Registration must be made via an existing DraftKings Sportsbook account.  This Contest has an entry fee of $500. Contestants register by joining the “DraftKings Super Pool”, posted in DraftKings’ Pools Lobby.  Contestants can make up to three (3) entries.  These entries will be treated independently from one another.   Each Contestant shall be subject to these Contest Rules.

        The Contest begins on September 29th 2019 and concludes on December 31st 2019 (the “Contest Period”). The NFL playoffs are not included in the contest.  Contestants shall earn points by making picks against the spread for NFL games.  Contestants must make exactly seventy (70) picks over the duration of the Contest. These can be made in any configuration of the Contestant’s choosing. For example purposes only, a Contestant may choose to pick five (5) games during the 1st week, zero (0) games during the 2nd week, and ten (10) games during the 3rd week, provided, the total number of picks reached by the end of the Contest Period reaches seventy (70) in the aggregate.  Any picks over the seventy (70) threshold shall not be counted.  Contestants who enter fewer than seventy (70) picks shall not be disqualified, but shall receive zero (0) points for unpicked games.

Picks can be made and modified until the start time of the game being picked. If the start time of a game is officially changed, that change will be reflected in the pool, and picks for that game will be locked at the updated start time of the game. The only way to submit picks is to use the DraftKings website or mobile app. Picks cannot be submitted by email, phone, or in person. Picks for an entry cannot be made by any individual other than the owner of the DraftKings account that registered for the Contest (i.e., no proxy play allowed), and all picks must be made by the time the game being picked begins.  DraftKings will provide a public contest leaderboard and record of all picks made by each Contestant for the Contest. Picks for a game will not be added to the public record until after that game starts.  Your username shall be posted to the leaderboard.  Spreads will normally be released on Wednesday morning and will not change once they are posted. The exact time the spreads are posted may fluctuate from week to week and may occur earlier than Wednesday in a given week.

Prizes (defined below) will be paid according to finishing position, with users ranked from most points to least points.  Contestants receive 1 point for a correct pick, and 0 points for an incorrect pick. All posted lines will have half-point spreads, so there will be no ties.  If a game is officially postponed, it must be completed on or before the Tuesday following the postponement for points from that game to count towards the Contest. If the game is not completed within that time, it will not count as a win or a loss, and it will be treated as if the Contestant had not selected that game, both for point totals and aggregate pick purposes.  Prizes will be paid according to finishing position, with users ranked from highest to lowest score based on the Contestant’s cumulative total across all games in the Contest.

Prizing will fluctuate based on the number of Contestants who enter the Contest, provided, this Contest has a guaranteed prize pool (“Prize Pool”) of no less than ONE MILLION DOLLARS ($1,000,000).  The Prize Pool consists of all Contestant entry fees, less $40 per entry for administrative fees.  If the collected Prize Pool exceeds the guaranteed amount, the additional money will be added to the payout structure below. The number of places paid out, and the percentage paid out to each place will not change, regardless of the total Prize Pool.

The winner of the Contest shall receive TWENTY FIVE PERCENT (25%) of the entire Prize Pool (the “Grand Prize”).  Contestants shall be eligible for secondary prizing (“Prize(s)”) as outlined below:

Place                % of Prize Pool  Prize (assuming $1M pool)

1                      25%                  $250,000

2                      15%                  $150,000

3                      10%                  $100,000

4-5                   5%                    $50,000

6-7                   2.5%                 $25,000

8-9                   1.5%                 $15,000

10-14               1%                    $10,000

15-24               0.5%                 $5,000

25-34               0.4%                 $4,000

35-49               0.3%                 $3,000

50-69               0.2%                 $2,000

70-99               0.15%               $1,500

100-149            0.1%                 $1,000

 

These Contest Rules, in conjunction with the DraftKings' Sportsbook Terms of Use and Privacy Policy, shall govern the player eligibility, contest conduct, and rules of play of the Contest.  A Contestant who wins any amount in connection with the Contest may be taxed on the Bonus, Prize, Grand Prize, and or other prizes’ fair market value depending on applicable law, and all such tax liability is the responsibility of the player.

          TIEBREAKERS

                      If there is a tie for 1st place, the entry that had the most points coming into the final week of the Contest Period wins the tie. If that does not break the tie, the entry that had the most points going into NFL Week 16 wins, and so on. If the tie cannot be broken by this method, the prize will be split evenly among the tied positions. All tiebreaks for other places will be calculated by evenly splitting the prize among the tied positions.

           MAXIMUM NUMBER OF ENTRIES

Contestants may not enter the Contest more than three (3) times.

RULES OF PLAY

            Except as otherwise stated in or modified by these Contest Rules, the Contest shall be governed by the DraftKings Sportsbook Terms of Use and Privacy Policy.            

ELIGIBILITY

            Players must be 21+ years of age or older. Contestants must be located in the state of New Jersey to enter the contest, make picks, and edit picks.

            CONDITIONS ON CLAIMING PRIZE

            The Prize-winners of the Contest, in order to claim either the Prize or the Grand Prize (“Prize Winners”), or both as the case may be, must:

            Agree to be bound by and adhere to all rules and codes of conduct as required by the terms and conditions during your participation in the Contest;

            Consent to the release of certain personal information to the DraftKings for purposes related to participation and eligibility for your participation in the Contest;

            Execute other documents as DraftKings may reasonably request;

            Respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize awards;

            At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the winner into disrepute, or harm the finalist or winner's name or reputation.

            (hereinafter, collectively, the "Requirements").

            In the event a Prize Winner is not able to meet the Requirements for claiming the Prize or grand prize, such Prize Winner, shall not be entitled to the Prize, the Grand Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the Prize Winner.  The DraftKings player explicitly agrees that by entering the Contest, the sole prize for becoming a Prize Winner in the Contest is the Prize with the opportunity to win the Grand Prize.  The Prize Winner who wins both the Prize and the Grand Prize, as applicable, must be able to fulfill the Requirements.  A Prize Winner's failure to fulfill the Requirements shall constitute a disclaimer by the Prize Winner of the Prize, the Grand Prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

            EFFECT OF CONTEST RULES ON TERMS OF USE

            The Terms of Use and DraftKings pools rules on the DraftKings Website (www.sportsbook.draftkings.com) 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 Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use or any part thereof unless otherwise indicated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Terms of Use or DraftKings pools rules shall these Contest rules to be deemed to replace or nullify any provision contained in the Terms of Use or DraftKings pools rules.

            EFFECT OF CONTEST RULES ON PRIVACY POLICY

            The Privacy Policy on the DraftKings Website (www.sportsbook.draftkings.com) 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 Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

            LIMITATION OF LIABILITY

            The limitation of liability contained in the Terms of Use shall be deemed to apply to your participation in the  Contest and your travel to and from, and attendance at the  Contest, and by entering the  Contest you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of Use, by the provisions thereof.

       MARKETING DISCLAIMER            

            By entering the Contest, each Contestant agrees to receive communications from DraftKings, subject to opting out in accordance with the instructions in the Terms of Use or in any such communications from DraftKings.

CONSENT OF USE            

            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 names, likenesses, photographs, videos, voices, entries and the like of the Contestant in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings. Notwithstanding the generality of the foregoing, each Contestant further assigns any and all rights he or she may have over his or her entry(ies) to DraftKings without further authorization, compensation or remuneration of any kind.

            MISCELLANEOUS

            As used herein, a "Force Majeure" event shall mean the interruption of or material interference with DraftKings' ability to grant any Prize or Grand Prize, or any other compensation, consideration, or any other thing of value to the Prize Winners 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 and event at any time in DraftKings' sole discretion upon reasonable notice to you. DraftKings may exclude any individual(s) from participation, if it determines at is sole discretion there are any irregularities or abuses occurring in connection with the Contest.

            By participating in the Contest, the Contestant agrees to be bound by the terms of these Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.

Employees of DraftKings may not participate in DraftKings Super Pool.  Entries cannot be transferred or refunded.  All Sportsbook.DraftKings.com house rules apply unless in conflict with a Contest rule, or otherwise indicated.  Winnings will be subject to IRS reporting of winnings based on applicable laws and IRS regulations.  DraftKings is not responsible for any website performance issue that results in a delay or prevention of submission of picks, participation in the contest, or other negative impact to the contestant in conjunction with the Contest.  If the NFL regular season is shortened to twelve (12) weeks or fewer DraftKings will refund all entries and no prizes will be paid. If the length of the season is modified but continues for thirteen (13) weeks or greater, the Contest will be adjudicated based on Contestants’ point totals at the end of the official season.  Contestants acknowledge that under this shortened NFL regular season scenario, it is possible for the season to end before a Contestant has reached the seventy (70) picks threshold, and thus Contestants must weigh this possibility when determining when and how to space their picks apart.  Contestants may be disqualified and forfeit their entry fee and winnings if they violate the terms of this Contest or the DraftKings.com website Terms of Use.