URL: /faceoff-dailyswing

Grand Slam Superstar Daily Swing Promotion

TERMS & CONDITIONS

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

  1. Description of Promotion

Welcome to the FanDuel Faceoff Daily Swing promotion (the “Promotion”), where participants will receive one (1) free swing on Grand Slam Superstar each Day (as defined below) for their chance to win an equal share of Five Hundred Dollars ($500) in cash prizes available for use on FanDuel products (the “Daily Swing Bonus”).

The Promotion is sponsored by FanDuel, Inc., located at 300 Park Avenue South, 14th Floor, New York, NY 10010 (“FanDuel” or the “Sponsor”). The terms “you” or “your” mean the person to whom a Daily Swing Bonus (defined below) is issued to upon satisfaction of the terms and conditions set forth in this Promotion. Redemption of the Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion “Terms and Conditions”. Promotion participants may be required to sign paperwork issued by the Sponsor.

  1. Promotion Period

The Promotion will begin at 12:00AM ET on August 21, 2023 and end at 11:59PM ET on September 30, 2023 (each a “Promotion Day” and collectively the “Promotion Period”).

  1. Eligibility

The Promotion is only open to individuals who are at least 18 years of age or older (19 years old or older in Alabama and 21 years old or older in Massachusetts). User must be a citizen or resident of the United States and that you have an address in the United States. When entering a paid contest, you are not physically in of any of these states: Arizona, Arkansas, Connecticut, Hawaii, Idaho, Iowa, Louisiana, Maryland, Michigan, Missouri, Montana, Nevada, New Jersey, Pennsylvania, South Carolina, South Dakota, Tennessee, Washington or West Virginia. If your social security number is associated with another Faceoff Account (as defined below) in Sponsor's database, you may only earn one Daily Swing Bonus (as defined below) in respect of all Faceoff Accounts (as defined below) under this Promotion. Employees, officers and directors of the Sponsor, its parent companies, and each of their respective affiliates, subsidiaries, cable/satellite affiliates, advertising and promotion agencies, retailers, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Daily Swing Bonus. Individuals who have entered any self-limited or government agency self-exclusion program or have been otherwise excluded from casinos by a government agency, Sponsor or one of its affiliates or gaming license partners and persons on a Disassociated Patrons, Self-Limit, Involuntary Exclusion, Voluntary Exclusion or Self Exclusion List in jurisdictions which Sponsor or its affiliates or gaming license partners operate are not eligible to participate in the Promotion or receive a Daily Swing Bonus.

  1. Action Required

To qualify for the Promotion, during the Promotion Period eligible participants must play the Daily Swing game mode on Sponsor’s ‘Grand Slam Superstar’ and hit a ‘home run’ (the “Promotion Requirements”).

  1. Claiming Promotion Offer

Upon satisfying the Promotion Requirements, users will receive an equal share of $500 in cash prizing (the “Daily Swing Bonus”). If applicable, the Daily Swing Bonus will be credited to your Faceoff Account (as defined below) within seventy-two (72) hours of satisfying the Promotional Requirement. Daily Swing Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Daily Swing Bonus received, regardless of whether the Daily Swing Bonus, in whole or in part, is used. The Daily Swing Bonus value may be reported for tax purposes as required by law.

  1. Registration Procedures

To qualify for the Promotion, eligible individuals must have an active FanDuel Faceoff member account (“Faceoff Account”) and verify your identity in order to play on FanDuel Faceoff. Creating a Faceoff Account is free. By submitting your information and creating a Faceoff Account, however, participants will be required to agree to the FanDuel Privacy Policy and Terms (https://www.fanduel.com/privacy). If you do not agree to FanDuel’s Terms and Privacy Policy, you cannot create a Faceoff Account or participate in this Promotion.

  1. Limitations on Participation

In addition to the eligibility requirements in Section 3, Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in its sole discretion, including based on your wagering patterns or wagering history or if you failed to take advantage of any previous Promotion in good faith. This Promotion is void where prohibited by law. One (1) Daily Swing Bonus per eligible participant per Promotion Day.

  1. Wagering Requirements

N/A.

  1. Order of Funds Used for Wagering

N/A

  1. Eligible Games

Only Standard or ‘More Matches’ modes on Sponsor’s Puzzle Pyramid game offered during the Promotion Period are eligible to earn a Daily Swing Bonus.

  1. Restrictions on Withdrawal

N/A

  1. Cancellation

Should you wish to cancel your participation in this Promotion at any time, please contact customer support at https://support.fanduel.com/s/. Upon cancellation, you may withdraw any funds you have deposited into your account without restriction. However, any Daily Swing Bonus amount in your account is non- withdrawable. For customers located in New York, complaints may be filed with the New York State Gaming Commission.

  1. Additional Terms

Administration: The Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of the Sponsor. Sponsor reserves the right to restrict at any time any Faceoff Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this

Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.

Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless the Sponsor, its affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Daily Swing Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the Sponsor’s own negligence. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Daily Swing Bonus. In consideration of the Daily Swing Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the Sponsor, and its affiliates.

Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants and the Sponsor in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

Dispute Resolution: You agree that any claim or dispute that has arisen or may arise relating in any way to or arising out of the Promotion, or these Terms will be resolved in accordance with the dispute resolution provisions set forth in the “Binding arbitration and class action waiver” Section of the FanDuel Terms of Use (https://www.fanduel.com/terms). This Section of the FanDuel Terms of Use requires you to resolve disputes by binding arbitration and you agree to waive the ability to bring claims in a class action format.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY

ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE PROMOTION, EVEN IF FORESEEABLE OR EVEN IF THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.