The Contest shall commence at 12:00:01 AM ET on April 14, 2021 (“Start Date”) and conclude at
the
end of
the MLS season which is projected to be December 11, 2021 (“End Date”) . The period from the
Start
Date
to the End Date shall be known as the (“Contest Period”). There will be a weekly contest taking
place on
each Saturday of the Contest Period when there are MLS games (“Weekly Contest”).
By submitting an Entry (defined below) each Participant agrees that he or she has reviewed and
accepts
these rules (“Rules”) and the Sponsor’s Privacy Policy and Terms of Use. SECTION 15 OF FANDUEL’S
TERMS
OF USE CONTAINS A BINDING ARBITRATION AND WAIVER OF CLASS ACTION CLAUSE, WHICH IS HEREBY
INCORPORATED BY
REFERENCE. PLEASE REVIEW THAT CLAUSE CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Each Participant
agrees
to abide by these Rules and the decisions of the Sponsor, which are final and binding in all
respects.
All eligible participants (“Participants”) entering the Contest must comply with all terms and
conditions of these Rules. Participants may enter as outlined in Section 6 below.
-
The Contest is open to U.S. residents who, on the date of entry are 21+ years of age.
-
The officers, directors and employees of the Sponsor and Diageo Americas, Inc., their
subsidiaries and
affiliated companies, advertising, promotional and judging agencies, persons engaged in the
development, production or distribution of materials for the Contest, and the immediate
family
members
(grandparent, parent, child, sibling, and spouse of each) of and/or persons living in the
same
household as such individuals (whether related or not) are not eligible to participate in
the
Contest.
-
Employees of other daily fantasy sites, including but not limited to DraftKings and Yahoo,
are
not
eligible to participate in the Contest.
-
Employees of alcohol beverage suppliers, importers, wholesalers, distributors or retailers
are
not
eligible to participate in the Contest.
To enter the Contest, Participants must have a registered FanDuel daily fantasy sports account
(“DFS
Account”) and enter through the FanDuel.com website or using the FanDuel mobile application.
Prior
to
the scheduled start time (kick-off) of the first game taking place on Saturday of each week
(unless
otherwise determined, and subject to the MLS schedule) that the Contest is active (“Lock Time”),
use
your DFS Account credentials to log in and select an answer for each question in such Weekly
Contest
(“Entry”).
If using the FanDuel mobile application, wireless Internet access fees and other charges may
apply
and
are the Participant’s sole responsibility. Wireless Internet access may not be available in all
areas.
-
Sponsor and Diageo Americas, Inc. shall not be liable for any problems that occur during the
entry
process, including without limitation, late, incomplete, delayed, undelivered, inaccessible,
unrecorded or improperly recorded or misdirected entries, and shall not have any obligation
to
advise
an entrant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete,
forged,
or altered entries will be accepted.
-
Limit One (1) Entry per person per Weekly Contest. Any instance of registering multiple
accounts
on
FanDuel in order to gain more than one Entry into a Weekly Contest will result in automatic
disqualification from the Contest as well as potential suspension from FanDuel. Any Entry
submitted
after already submitting an Entry or after the Lock Time will not qualify as an eligible
Entry.
No
purchase or deposit is necessary in order to submit an Entry.
-
Each Weekly Contest is completely independent from prior or subsequent Weekly Contests
comprising the
Contest. An eligible person may enter as many Weekly Contests as he/she wishes.
After the end of each Weekly Contest (on or about the immediately following Tuesday), all
Participants
that chose the highest number of correct answers for that Weekly Contest’s questions will evenly
split
the Three Thousand Dollar ($3,000) Weekly Contest prize (“Prize”). The correct answer to each
Weekly
Contest question will be determined in Sponsor’s sole discretion based on the official results
of
applicable games played during the corresponding Saturday of the MLS season as determined by
9:00 AM
ET
on the immediately following Sunday; any later official revisions will NOT be taken into account
in
determining whether a Participant correctly answered Weekly Contest questions. There is a limit
of
one
(1) Prize or share of the Prize (as the case may be) per individual per Weekly Contest.
-
Subject to verification of eligibility and compliance with the terms of these Official
Rules,
the
potential winner(s) will be declared the official “Winner(s)” of the Weekly Contest and will
win
the
Prize or a share thereof (as the case may be). The purchase of any goods or services will
not
increase
any Participant’s chances of winning. All decisions of the Sponsor regarding the Contest and
the
application of these Rules are final and binding including but not limited to what
constitutes
the
correct answer to any Weekly Contest question.
-
Any Prize or share of the Prize (as the case may be) will be deposited into a Winner’s
FanDuel
daily
fantasy sports account. Accessing the funds comprising the Prize or share of the Prize (as
the
case
may be) is subject to FanDuel’s standard policies and procedures.
-
Each Winner is solely responsible for all federal, state, and local taxes and other fees
associated
with his or her receipt and use of Prize(s). No substitution, assignment or transfer of
prize is
permitted. The Sponsor will withhold and/or report taxes as required by the applicable law
of
the
Sponsor’s jurisdiction. Taxes and fees, if any, are the sole responsibility of the prize
winner(s).
There will be $3,000 in Prizes awarded during each Weekly Contest, for a minimum total of
$90,000
during
the Contest Period. The Prize amounts will be deposited into the Winners’ FanDuel accounts
within 72
hours of the conclusion of the applicable Weekly Contest subject to winner verification as
discussed
in
Section 7a above.
-
ALCOHOL IS NOT PART OF ANY PRIZE.
-
The odds of winning a prize depend on a given Participant’s ability to correctly answer a
given
Weekly
Contest’s questions (i.e., his/her knowledge of MLS teams and players competing in games on
a
given
Saturday’s Weekly Contest) as compared to other Participants.
For any legally required winners’ list, send a self-addressed stamped envelope (unless otherwise
prohibited by local law) to FanDuel, Inc., 300 Park Avenue South, New York, New York 10010,
Attn:
Contests. All such requests must be received within three (3) months after the end of the
Contest.
This contest is in no way sponsored, endorsed, or administered by, or in association with any
person
or
other entity, including any third party, other than FanDuel. Without limitation, Diageo
Americas,
Inc.
is in no way sponsoring, conducting, administering or otherwise responsible for the Contest.
Prize winners agree that their names, location, social media posts, and/or photos and videos
tagged
in
response to contest posts may be used for marketing/trade/advertising purposes by FanDuel and
its
designees (including Diageo Americas, Inc.) without further compensation or notice of any kind
except
where prohibited by law. By participating in the Contest, the Winner(s) agrees to refrain from
any
behavior or communication that would harm the image or reputation of FanDuel, Diageo Americas,
Inc.,
its
CAPTAIN MORGAN brand or the FanDuel user community. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR
PERSONAL
IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING
YOUR
NAME ON A WINNERS’ LIST.
The decisions made by FanDuel management regarding, but not limited to, eligibility, winners,
scoring,
rules, prizes and compliance with FanDuel’s standards of conduct are final. No correspondence
will
be
entered into. FanDuel reserves the right to make reasonable changes to these terms to ensure the
fairness of Contest participation and in response to unanticipated developments (such as
technical
failures, errors, acts of God, pandemics, epidemics, suspension/delay/postponement/cancellation
of
games, natural disasters, terrorism, and changes in applicable law).
Choice of law Disputes shall be subject to the provisions in FanDuel’s terms of service, which
are
hereby incorporated by reference, including Section 15, which contains a binding arbitration
clause
and
a class action waiver. YOU SHOULD REVIEW THESE TERMS CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL
RIGHTS.
By participating in the Contest, entrants hereby release, hold harmless, covenant not to sue,
and
forever discharge Sponsor, Diageo Americas, Inc., their respective parent companies, affiliates,
subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others
associated with the development and execution of the Contest, and each of its and their
directors,
employees, officers, and agents from and against any and all third-party 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 Contest, including without limitation (i) the
administration
of the Contest, such as typographical, printing, seeding, human or other errors relating to or
in
connection with the Contest, the processing of entries, the scoring of entries, the announcement
of
the
prizes 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 a contest offered by
Sponsor
or
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 contest or any
contest-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 Rules or (ii) acting in an unsportsmanlike or disruptive manner,
with
the
intent to disrupt or undermine the legitimate operation of the contest, or with the intent to
annoy,
abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor
is
prevented from continuing with a contest as contemplated by any event beyond its control,
including,
without limitation, a force majeure, fire, flood, epidemic or other national health emergency,
earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or
equipment
failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,)
or
any
federal, state or local government law, order, or regulation, order of any court or
jurisdiction,
public
health crisis, or other cause not reasonably within its control, then Sponsor shall also have
the
right
to modify, suspend, extend or terminate the contest. In the event that a contest is terminated,
cancelled, or postponed for any reason whatsoever, the Prize(s) will be awarded to the extent
required
by law.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE(S) OR UNDERMINE THE LEGITIMATE
OPERATION
OF A CONTEST 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.
