(last updated 2/22/2024)
You agree to these Agreements by accessing or using the Website, registering for the Services offered on the Website, or by accepting, uploading, submitting, or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE AGREEMENTS, DO NOT USE THE WEBSITE OR THE SERVICES. These Agreements constitute a legal agreement between you and DraftKings and shall apply to your use of the Website and the Services even after termination.
You must be at least nineteen (19) years of age to open an account with DraftKings ("Account") and use the Services. You must also be physically located in the province of Ontario in order to participate in any online gaming and to place a wager or to win prizes offered by the Website. You consent to have DraftKings confirm, monitor, and record your age, identity, and location. By creating an Account, you hereby affirm that all information provided to DraftKings is complete and accurate. The intended purpose of your Account is to be used for gaming purposes only.
You may establish only one (1) Account per person to participate in the Services offered on the Website. We may request copies of identity documents and proofs of address from you upon registration and at any time thereafter. We also reserve the right to void any transactions you make until we are able to verify your identity details. In the event we are unable to satisfactorily verify your identity within a reasonable time-period, where the period of time shall be determined by applicable law, we reserve the right to either suspend or close your Account.
DraftKings may refuse to establish an Account for you in the event DraftKings has good and sufficient reason. In the event DraftKings discovers that you have opened more than one Account per person, in addition to any other rights that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke the awarding of any winnings and prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account.
The availability of the Services does not constitute an offer, solicitation, or invitation by us for the use of the Services outside the province of Ontario. DraftKings shall not be liable for any breach of any local, national, or other laws that may occur as a result of your use of the Services.
Your account may be deemed 'Dormant' in the event you have not logged in for a period of three (3) years. In the event your account is deemed "Dormant", DraftKings will inform you of the amount of funds remaining in your account. In the event DraftKings receives no response, DraftKings will close the account. However, you will be entitled to recover your balance.
If any deposit is charged back, any winnings generated shall be invalidated, forfeited, and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited, and deducted from the Account balance. DraftKings reserves the right to close your Account - without notice - shall a deposit be charged back. DraftKings may refuse to accept a deposit in the event it has good and sufficient reason to do so.
DraftKings employees ("Employees") as well as those who reside within the same household as an Employee, are not permitted to play in Games hosted on the Website.
Politically Exposed Persons ("PEPs") and Heads of International Organizations ("HIOs") , each as defined below, as well as family members and close associates of PEPs and HIOs, are not permitted to play in Games hosted on the Website. By creating an Account or playing any Games hosted on the Website, you affirm that you are not a PEP or HIO or a family member or close associate of a PEP or HIO. A PEP or HIO is an individual who is or has been entrusted with a prominent public function, such as serving in a prescribed government office or a political position.
An Authorized Account Holder shall not register an account on behalf of another individual, including for any other person who is prohibited by applicable law from registering an account or playing any Games. By creating an Account, you affirm that you are creating the account for yourself and nobody else.
DEPOSITS AND GAME ENTRY
Only individuals with their verified address in Canada will be permitted to deposit funds while physically located in the province of Ontario, and all such deposits will be in Canadian Dollars. All bets and wagers placed on the Website while you are physically located in the province of Ontario must be in Canadian Dollars. In the event you are physically located in the province of Ontario, you may convert U.S. Dollars to Canadian Dollars, and vice versa. Users will be able to visit the Website and view the betting markets and casino games offered by DraftKings (the "Game" or collectively, the "Games"). When you place your wager, the listed amount of Canadian Dollars will be debited from your DraftKings Account.
Deposits made on the Website will appear on your statement as DRAFTKINGS. All payments are final. To the extent permitted by applicable law, no refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered.
CONDITIONS OF PARTICIPATION
By entering a Game, entrants agree to be bound by these Agreements and the decisions of DraftKings, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Game, refuse to award benefits or prizes, and/or require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair, or otherwise adverse to the operation of the Game or is in any way detrimental to other entrants. These Agreements prohibit entering a Game if the entrant is:
- Except as otherwise stated in the Eligibility section above, an Employee or a person who resides in the same household as an Employee;
- Accessing or has had access to any pre-release, confidential information, or other information that is not available to all other entrants of a Game and that provides the entrant an advantage in such a Game, including any information from any gaming site or information from a sports governing body (e.g., pre-release injury information) ("Pre-Release Data");
- An employee of a sponsor, consultant, or supplier of the Company or any other Game provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant's participation in a Game;
- An employee, operator, or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Games by such governing body;
- In breach of any rules or policies of the entrant's employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Games or accepting prize money;
- An athlete, coach, referee, or other official or staff of a participant or team that is participating in the sports event(s) for the applicable Games on which the person is attempting to place a wager.
- Any person prohibited from participating pursuant to court order, law, rule, or regulation; or
- Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Game from any person who is prohibited from entering a Game as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:
- Falsifying personal information required to enter a Game or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Game or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Any violation of these Agreements;
- Using a single Account to participate in a Game on behalf of multiple entrants or otherwise collaborating with others to participate in any Game;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders, or screen scrapers) to obtain, collect, or access any information on the Website or of any User for any purpose.
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
- Obtaining other entrants' information and spamming other entrants; or
- Abusing the Website in any way.
You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.
PLEASE READ CAREFULLY: BY PLAYING A GAME OR ACCEPTING ANY PRIZE, ENTRANTS, INCLUDING BUT NOT LIMITED TO THE WINNER(S), AGREE TO INDEMNIFY, RELEASE, AND TO HOLD HARMLESS DRAFTKINGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SERVICE PROVIDERS, AND ADVERTISING AND PROMOTION CONTRACTORS, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF ALL OF THE FOREGOING ENTITIES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INJURIES, DAMAGES, OR LOSSES TO PERSONS AND PROPERTY, WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE GAME, THE RECEIPT, OWNERSHIP, USE, OR MISUSE OF ANY PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY GAME OR PRIZE RELATED ACTIVITY, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. DRAFTKINGS MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, REQUIRE AN AUTHORIZED ACCOUNT HOLDER TO EXECUTE A SEPARATE RELEASE OF CLAIMS AS A CONDITION OF BEING AWARDED ANY PRIZE OR RECEIVING ANY PAYOUT.
DraftKings is not responsible for: any incorrect, invalid, or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions, or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Game), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Game or use of the Website; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction, or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
DraftKings is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any reason a Game is not capable of running as originally planned, or if a Game, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Game in accordance with these Agreements, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Game, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action, to cancel, terminate, extend, modify, or suspend the Game, and/or select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All entries become the property of DraftKings and will not be acknowledged or returned.
To be eligible to enter any Game or receive any prize, the Authorized Account Holder may be required to provide DraftKings with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, DraftKings will, in its sole and absolute discretion, utilize certain information collected by DraftKings to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
Participation in each Game must be made only as specified in these Agreements. Failure to comply with these Agreements will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution, and/or exploitation of any Game or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner, and continuing until such time when DraftKings informs them that they no longer need to do so, that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.
GAME PRIZES AND PROMOTIONS
Prizes will only be awarded if a Game is run. We reserve the right to cancel Games at any time. In the event of a cancellation, all entry fees will be refunded to the Account except as specifically provided in these Agreements.
The Company reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company shall also permit the Authorized Account Holder to set responsible gaming limits, to self-exclude, and to suspend your account for no less than seventy two (72) hours. In the event you self-exclude province-wide with the Alcohol and Gaming Commission of Ontario ("AGCO"), DraftKings will cancel all pending bets or wagers within twenty four (24) hours after DraftKings is notified of your AGCO self-exclusion, and the wager amount will be refunded to you. The Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Authorized Account Holder and exclude such Authorized Account Holder. More detailed information can be found at https://sportsbook.draftkings.com/help/responsible-gaming.
OTHER LEGAL RESTRICTIONS
GAME STATISTICS AND LIVE SCORING
To the extent that DraftKings offers "live" statistics during gameplay, all "live" statistics and other information provided through the Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Games. While DraftKings and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the DraftKings Website and related information sources. DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
To the extent applicable, Game results and prize calculations are based on the final statistics and scoring results at the completion of the last sports game of each individual Game. Once Game results are reviewed and graded, prizes are awarded. The scoring results of a Game will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in DraftKings' sole and absolute discretion.
DraftKings reserves the right, in its sole and absolute discretion, to deny any customer or participant the ability to participate in Games for any reason whatsoever. Further, DraftKings may, in its sole and absolute discretion, invalidate any head-to-head Game result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
In the event of any malfunction, all pays are void.
Subject to the Company verifying your compliance with these Agreements and other conditions of participation, at the conclusion of each Game, the Company shall use commercially reasonable efforts to award the winnings and/or prizes within a reasonable amount of time.
PAYMENT AND WITHDRAWAL OF PRIZES
Before making any payment, DraftKings may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Game and is otherwise in compliance with these Agreements and may require an entrant to provide documentation or proof of eligibility and compliance with these Agreements.
In the event DraftKings requests that an entrant completes and executes such an affidavit and/or provide documentation, and the entrant fails to do so within seven (7) days, or DraftKings otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Agreements, DraftKings reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, DraftKings may pay out any withheld or revoked prizes to the other entrants in the relevant Game in a manner consistent with the Rules of the Game.
All payouts for bets placed while the entrant is physically located in the province of Ontario will be made in Canadian Dollars. Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website. Withdrawals will occur in a player's home currency, regardless of the player's physical location.
Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification, including, but not limited to, a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by DraftKings in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Agreements in any manner.
Checks for withdrawal requests are processed within ten (10) business days, and are sent via mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a DraftKings Account unless appropriate terms of the promotion are achieved first by the user.
In the event that the awarding of any prize(s) to winners of Games is challenged by any legal authority, DraftKings reserves the right in its sole discretion to determine whether or not to award such prize(s).
In the event you have a question, dispute, or complaint regarding the Services, please contact us directly at firstname.lastname@example.org . DraftKings will resolve all player disputes within ninety (90) days of the player dispute being submitted to DraftKings. In the event you are not satisfied with DraftKings' resolution of your dispute, you may escalate the dispute to either iGaming Ontario or the AGCO.
No substitution or transfer of any prize is permitted, except that DraftKings reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
DraftKings will take appropriate steps to prevent unauthorized withdrawals from consumer Accounts. In the event of a dispute as to the identity of a customer, DraftKings can and does require its users to produce a copy of their driver's license, credit cards, utility bills, and/or passport for identity verification. If a customer cannot validate their identity and account, DraftKings will not release the funds from the account.
Players who believe that funds held by, or their accounts with, DraftKings have been misallocated, compromised, or otherwise mishandled, may register a complaint with DraftKings, by e-mailing email@example.com or in writing to 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116. DraftKings shall use reasonable efforts to respond to such complaints within five (5) days. If DraftKings determines that the relief requested in the complaint will not be granted, its response will set forth the specific reason(s) therefore. If more information is required for DraftKings to process the complaint, the response will note the form and nature of the necessary additional information needed. You consent to have DraftKings monitor and record any communications you have with DraftKings. In the event you remain unsatisfied with DraftKings' response, you may escalate the matter with iGaming Ontario (https://igamingontario.ca/en), which may assist with a resolution.
A player may request to withdraw funds from their account at any time. Requests for withdrawal will be honored within five (5) business days unless DraftKings has good and sufficient reason to refuse the withdrawal or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of applicable law. A request for withdrawal will be considered honored if it is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the DraftKings customer service department.
Players can obtain a copy of their Account statements by emailing customer service at firstname.lastname@example.org .
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, DraftKings may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Website. DraftKings may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Agreements which by their nature or express terms should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. DraftKings may also suspend or close your Account at any time. In the event your account is suspended, any pending bets or wagers will remain active.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON OR PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM OR ACCESSED THROUGH THE WEBSITE, INCLUDING THOSE SENT BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE AGREEMENTS.
LIMITATION OF LIABILITY
PLEASE READ CAREFULLY: YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS, OR ASSIGNS OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE AGREEMENTS. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND/OR ASSIGNS OR ANY INFORMATION UPLOADED BY YOU. YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY, ANY INFORMATION UPLOADED BY YOU, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like and the trademarks, service marks, and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States, Canadian, and foreign laws and international conventions. Content on the Website is provided to you AS IS, for your information, for personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DraftKings reserves all rights in and to the Website and the Intellectual Property not expressly granted under these Agreements. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness, and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in DraftKings' sole and absolute discretion, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in account suspension or termination.
We may refuse or remove a User Submission without notice to you. However, DraftKings has no obligation to monitor User Submissions, and you agree that neither the Company nor its parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
CONSENT TO JURISDICTION IN ONTARIO, ATTORNEYS' FEES
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims, or controversies arising out of or relating to these Agreements, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (together "Claims") shall be the courts of competent jurisdiction sitting within the province of Ontario (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and DraftKings waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing these Agreements and the Forum to which the parties have herein agreed.
Nothing in these Agreements shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and DraftKings.
Third parties that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, accessed through, or sent from the Website.
No waiver of any term of these Agreements shall be deemed a further or continuing waiver of such term or any other term, and DraftKings' failure to assert any right or provision under these Agreements shall not constitute a waiver of such right or provision.
DraftKings reserves the right to amend these Agreements at any time and without notice. To the extent DraftKings makes a material change to any of these Agreements, we will notify you of such change by email or upon your next login. In the event any change is unacceptable to you, your only recourse is to terminate your Account. If you continue to use the Services or Website after the Company amends these Agreements, you accept all changes.
The failure of DraftKings to comply with any provision of these Agreements due to any cause beyond DraftKings' control including, without limitation, acts of God, acts of government, executive or judicial action, acts of a competent regulatory authority, war or national emergency, riots, civil commotion, fire, explosion, flood, lightning, extremely severe weather, epidemic, pandemic, lock-outs, strikes, or other industrial disputes will not be considered a breach of these Agreements.
DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES, AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT, OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS, OR LABELS ON THE WEBSITE.