OFFICIAL RULES
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, YOU MUST BE A LEGAL RESIDENT OF THE UNITED STATES PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR WASHINGTON D.C.
1. Sweepstakes: NBA x DK Collection Giveaway October 2023 (the “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 NBA x DK Collection Giveaway October 2023 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 9:00:01 AM on October 18, 2023 and ends on October 30, 2023 at 11:59:59 PM (the “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 Sweepstakes.
5. Eligibility: The Sweepstakes is open only to individual legal residents of the United States who, at the time of opt-in entry into the Sweepstakes and winner selection: (i) are at least twenty one (21) years of age or have attained the age of majority in the state they are physically located in when entering the Sweepstakes in the event the age of majority in such state is greater than twenty one (21) years of age; (ii) are physically located in any of the fifty (50) U.S. states or Washington D.C.; (iii) are not voluntarily or involuntarily excluded (including self-exclusion) from play on DraftKings; (iv) are not included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (v) are not temporarily or permanently banned from playing on any DraftKings website or mobile application; and (vi) maintain any DraftKings accounts in good standing. Entrants 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 Sponsor’s affiliates, agents, and advertising, public relations, and promotion agencies, 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. Employees of the NBA Entities (as defined below), including affiliates, agents, and immediate family members and/or those living in the same household of such employees, are not eligible to enter or win the Sweepstakes.
6. How to Enter: There is only one (1) method of entry for the Sweepstakes. You must complete the entry form and enter your email address to be signed up for the DK Shop email list, which is to be done at the following URL: https://www.shopdraftkings.com/pages/nba-collection-giveaway. Any entry received outside of the Entry Period will be deemed ineligible.
Limit: one (1) entry per person. Anyone found to be using multiple email accounts to enter the Sweepstakes, will be deemed ineligible for the Sweepstakes, and all of their entries may be deemed void. Automated and/or third-party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address. 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 filling out the entry form for the Sweepstakes 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 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 account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
7. Prizes 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, one (1) winner of the Sweepstakes will receive one (1) NBA x DK full collection (the “Full Collection”) for an NBA team of their choice. The Full Collection includes some or all of the following items: one (1) hat (ARV: $30.00), one (1) men’s tee shirt (ARV: $35.00), one (1) women’s tee shirt (ARV $35.00), and one (1) hoodie (ARV: $75.00). For clarity, not all of the items listed above will be available for every NBA team. In the event that any of the items are unavailable for the NBA team selected by the winner, the winner shall also receive a gift card to the DK Shop in an amount equal to the ARV of any unavailable items (terms and conditions may apply).
Prize Restrictions: Each entrant can only win one (1) prize. Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right to substitute a prize with an equivalent prize of equal or greater value. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of a prize not specifically stated herein are the sole responsibility of the winners. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by the winner; however, Sponsor reserves the right to make equivalent prize substitutions at its discretion. Sponsor will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described in these Official Rules from among all eligible claimants making purportedly valid claims in order to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of prize delivery due to unforeseen circumstances or circumstances outside of its control. Additional restrictions, conditions, and limitations may apply.
8. Selection of Winners: On or about Tuesday, October 31, 2023, Sponsor will randomly select one (1) potential winner from among all eligible entries received during the Entry Period. The potential winner will be notified by Sponsor on or about Tuesday, October 31, 2023. Sponsor will notify the potential winner by email to the email account used to enter the Sweepstakes. If a potential winner cannot be contacted or does not respond within forty-eight (48) hours, an alternate potential winner may be selected.
9. Questions: If you have any questions regarding the Sweepstakes, send an email to support@draftkings.com with the subject line “NBA x DK Collection Giveaway October 2023 Sweepstakes Question”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules or the General Rules.
10. 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.: NBA x DK Collection Giveaway October 2023 Winner List. All such requests must be received within three (3) months after the end of the Entry Period.
11. NBA Disclaimer: All references to “NBA Entities” in these Official Rules shall mean collectively NBA Properties Inc., the National Basketball Association, (the “NBA”), and the NBA member teams. The NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, and representatives shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury, or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use, or misuse of the prize and/or participation in this Sweepstakes.
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 the sweepstakes offered by Sponsor (the “Promotion”) 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 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, 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 Promotion, and Sponsor reserves the right to disqualify from the Promotion any entrant who attempts to undermine the legitimate operation of the Promotion, 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, entry will be deemed submitted by the authorized account holder of the email address 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 the Promotion will be determined from all eligible entries received during the Entry Period. The potential winner(s) of the Promotion will be notified according to the Official Rules for the Promotion.
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 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 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 Promotion. 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 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 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 the 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. Participants in the Promotion agree that the NBA Entities and their designees and assigns may use the participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission, or notification.
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 the 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 Promotion.
By participating in the 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 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 Promotion, including, without limitation, (i) the administration of the Promotion, including, without limitation, typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, 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 Promotion 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/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 Promotion, 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 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 the Promotion, or cancel the Promotion altogether, in the event Sponsor determines, in its sole discretion, that the Promotion 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 Promotion, or may cancel the Promotion altogether. As used herein, “Force Majeure Event” means the interruption of or material interference with Sponsor’s ability to hold, execute, or administer the Promotion 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 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 THE PROMOTION 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 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 privacy@draftkings.com.
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 privacy@draftkings.com.