NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND THE UNITED STATES. AT THE TIME OF ENTRY, YOU MUST BE A LEGAL RESIDENT OF AN ELIGIBLE STATE (AS DEFINED IN SECTION 5 BELOW) AND PHYSICALLY LOCATED WITHIN THE STATE OF OHIO, UNITED STATES WHEN ENTERING THE SWEEPSTAKES.
1. Sweepstakes: Ohio Prelaunch $100K Free Bet 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 Ohio Prelaunch $100K Free Bet Giveaway Sweepstakes Official Rules (“Official Rules”), the DraftKings General Rules (“General Rules”), the $200 Free Bet Terms (as defined in Section 6), 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 October 3, 2022 and ends at 11:59:59 on December 31, 2022 (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. Eligibility: The Sweepstakes is open only to individual legal residents of the United States, including Washington D.C., but specifically excluding Florida, New York, Pennsylvania, Tennessee, and West Virginia (each such U.S. state to which the Sweepstakes is open and Washington D.C., an “Eligible State”) who, at the time of entry into the Sweepstakes: (i) are at least twenty-one (21) years of age; (ii) are physically located in the State of Ohio, United States; and (iii) have an Online DraftKings Sportsbook account. 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 Sweepstakes 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. Any person who is listed on any U.S. state or DraftKings gaming self-exclusion list is not eligible to enter the Sweepstakes.
6. How To Enter: You must enter by either creating an Online DraftKings Sportsbook account (via sportsbook.draftkings.com or within the DraftKings Sportsbook mobile app) or logging into your existing Online DraftKings Sportsbook account and opting in to the Sweepstakes by, during the Entry Period, completing the onscreen instructions via the pop up referencing the Sweepstakes that automatically displays when you log in to your Online DraftKings Sportsbook account. Creating an Online DraftKings Sportsbook account is free. All entrants will receive $200 in “free bets” via the Online DraftKings Sportsbook, subject to the $200 Free Bet Promotional Offer Terms and Conditions set forth in Exhibit B to these Official Rules (the “$200 Free Bet Terms”), which are incorporated herein by reference. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Anyone found to be using multiple 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 or DraftKings Sportsbook account. Any attempt by any entrant to obtain more than the permitted number of 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 discretion. Multiple entrants are not permitted to share the same email address. 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. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. 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. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Online DraftKings Sportsbook 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 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, five (5) winners will receive one (1) $100,000 “free bet” via the Online DraftKings Sportsbook, subject to the “Free Bet Restrictions” set forth below (the “Grand Prize”).
Total Approximate Retail Value (“ARV”) Of Grand Prize: $100,000
Free Bet Restrictions: Awarded “free bets” are delivered to entrants via a “token” deposited into each entrant’s Online DraftKings Sportsbook account. Each free bet is valid for seven (7) days. For clarity, such seven (7) day period is measured as 168 hours from the time the free bet token is deposited by Sponsor into an entrant’s Online DraftKings Sportsbook account. Failure by an entrant to use their free bet before expiration will void the award. Awarded free bets are non-cashable, not redeemable for cash, non-transferable, non-refundable, and cannot be withdrawn. Free bets may only be wagered 1x time. The free bet amount is not included in any returns or winnings. Winnings generated from wagering of a free bet will be transferred to the entrant’s cash balance of their Online DraftKings Sportsbook account, at which time such winnings may be withdrawn. By way of example and for illustrative purposes only, if a $10 free bet is placed on even odds and wins, only the profit of $10 will be credited to the entrant’s Online DraftKings Sportsbook account. See Online DraftKings Sportsbook terms and conditions of the state you are physically located in when using the free bet for information and limitations on wagering. Free bet cannot be used with odds boosts, live bets, parlays, and cash out bets.
Grand Prize Restrictions: The maximum odds for any free bet using the Grand Prize are +300 (i.e., 3 to 1 odds). Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right to substitute the Grand 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 Grand Prize not specifically stated herein are the sole responsibility of the Grand Prize winners. The Grand Prize cannot be substituted, assigned, transferred, or redeemed for cash by the winners; however, Sponsor reserves the right to make equivalent Grand Prize substitutions at its discretion. Sponsor will not replace the Grand Prize if it is lost or stolen. The Grand Prize cannot be used in conjunction with any other Sweepstakes or offer. Only five (5) Grand Prizes are available to be won in the Sweepstakes. If, by reason of a print or other error, more than five (5) Grand Prizes are claimed, the Grand Prize winners will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the five (5) Grand Prizes. Sponsor is not responsible for any delay or cancellation of Grand Prize delivery due to unforeseen circumstances or circumstances outside of its control. Additional restrictions, conditions, and limitations may apply.
8. Selection of Winners: Within seventy-two (72) hours of the end of the Entry Period, Sponsor will randomly select the potential Grand 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 Grand Prize winners’ eligibility, the now-Grand Prize winners will be notified both by email sent to the email address associated with the Grand Prize winners’ Online DraftKings Sportsbook account and an in-app bell notification via the Grand Prize winners’ Online DraftKings Sportsbook account (as accessed via the DraftKings Sportsbook app), at which time the Grand Prize will be deposited via token into the Grand Prize winners’ Online DraftKings Sportsbook account. Within twenty-four (24) hours of the Grand Prize being deposited via token into the Grand Prize winners’ Online DraftKings Sportsbook account, a Sponsor customer service representative will also notify the Grand Prize winners of them winning the Grand Prize both by email sent to the email address associated with the Grand Prize winners’ Online DraftKings Sportsbook account and by phone via the number the Grand Prize winners provided at the time of entry.
9. Questions: If you have any questions regarding the Sweepstakes, send an email to support@draftkings.com with the subject line “Ohio Prelaunch $100K Free Bet Giveaway Sweepstakes Question”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules of the General Rules.
10. Winners List: For any legally required winners list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to DraftKings, 222 Berkeley St., 5th Floor, Boston, MA 02116, Attn: Ohio Prelaunch $100K Free Bet Giveaway Sweepstakes Winner List. All such requests must be received within three (3) months after the end of the Sweepstakes.
THE INFORMATION YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL RULES, THE DRAFTKINGS GENERAL RULES, AND SPONSOR’S PRIVACY NOTICE (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 unless 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, but not limited to, 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 any entrant from the Sweepstakes 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, entry will be deemed submitted by the authorized account holder of the online DraftKings Sportsbook 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 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 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 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 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 Sweepstakes 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 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. 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, 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 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 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 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, and all others associated with the development and execution of the Sweepstakes, 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 Sweepstakes, including without limitation (i) the administration of the Sweepstakes, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the Sweepstakes, 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 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 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 or 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 a Sweepstakes 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 the Sweepstakes, or may cancel the Sweepstakes altogether. As used herein, “Force Majeure Event” shall mean 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, 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 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 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.
EXHIBIT B
$200 FREE BET PROMOTIONAL OFFER TERMS AND CONDITIONS
Capitalized terms used herein and not otherwise defined herein will retain the meanings ascribed to them in the Official Rules. The $200 “free bet” promotional offer (this “Promotion”) is valid during the Entry Period (as defined in the Official Rules) and subject to the eligibility requirements set forth in Section 5 of the Official Rules. Eligible players will receive $200 in free bets delivered via eight (8) $25 free bets “tokens” deposited into each player’s Online DraftKings Sportsbook account. Each free bet is valid for seven (7) days. For clarity, such seven (7) day period is measured as 168 hours from the time the free bet tokens are deposited into an eligible player’s account. Failure by a player to use their free bets before expiration will void the award. Awarded free bets are non-cashable, not redeemable for cash, non-transferable, non-refundable, and cannot be withdrawn. Each free bet may only be wagered 1x time. The free bet amount is not included in any returns or winnings. Winnings generated from wagering of a free bet will be transferred to the player’s cash balance of their Online DraftKings Sportsbook account, at which time such winnings may be withdrawn. By way of example and for illustrative purposes only, if a $10 free bet is placed on even odds and wins, only the profit of $10 will be credited to the entrant’s Online DraftKings Sportsbook account. See Online DraftKings Sportsbook terms and conditions of the state you are physically located in when using the free bet for information and limitations on wagering. Free bet cannot be used with odds boosts, live bets, parlays, and cash out bets. Should you wish to cancel your participation in this Promotion at any time, please contact customer experience at sportsbook@draftkings.com. Upon cancellation, you may withdraw any funds deposited in connection with this promotion subject to DraftKings Terms of Use. However, any applicable free bet tokens in your account shall remain subject to the play-through requirement and are non-transferable. All promotions are subject to the DraftKings Terms of Use and Privacy Policy. By accepting any bonus credits, registered players agree to abide by these terms and conditions of this Promotion. Void where prohibited by law. Online DraftKings Sportsbook account holders are responsible for any and all local, state, or federal taxes. Sponsor is not liable for computer or program malfunctions, nor for errors in free bet awards. Sponsor reserves the right to exclude certain registered players from this Promotion, as well as the right to withhold the free bet reward if there is reason to suspect that their actions are fraudulent or, at Sponsor’s sole discretion, it is determined that their actions are in violation of the DraftKings Terms of Use. Any player who is found to be ineligible under Section 5 of the Official Rules immediately forfeits any free bet funds which have been awarded. See DraftKings terms and conditions for information on eligibility for creating, using, and funding an interactive gaming account. Sponsor reserves the right to suspend, modify, and/or cancel this Promotion upon notice to and approval from applicable state regulator located in the respective Eligible State.