Gil's Shootout
Please carefully read these Official Rules (“Rules”) before entering the Underdog Fantasy Gil’s Shootout as these Rules affect your legal rights and obligations.
1. Rules and Eligibility
The Underdog Fantasy Gil’s Shootout (“Contest”) is a score-based advancement style shooting competition. The tryout will be held on Saturday, December 16 (the “Tryout” or “Round One”) and Saturday, January 20 (the “Live Event” or “Round Two”) and will be held exclusively for Underdog Fantasy customers who enter the Contest (“Contestant”). In addition, Underdog Fantasy will offer Pick’em contests on the Live Event for all eligible Underdog Fantasy customers. The Contest will be administered and scored by the Underdog Ops Team according to these Rules.
Participation Agreement
By entering the Contest or participating in the Contest, you agree to be bound by, and subject to, these Rules, the Underdog Fantasy Terms of Use (available at https://underdogfantasy.com/terms) and the Underdog Fantasy Privacy Policy (available at https://underdogfantasy.com/privacy-policy). You agree and understand that Underdog may disclose certain information that you share with Underdog, pursuant to the Underdog Privacy Policy. In addition to other remedies provided in these Rules or in the Underdog Fantasy Terms of Use, your failure to comply with these Rules or the Underdog Fantasy Terms of Use may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined below) as determined by Underdog in its sole and absolute discretion. Notwithstanding anything to the contrary set forth in these Rules or the Underdog Fantasy Terms of Use, Underdog Fantasy has the right, in its sole and absolute discretion, for any reason or no reason, to disqualify or remove you from the Contest and to effectuate the forfeiture of your Prize or potential Prize.
Limitation of Liability
Please see our Liability Waiver and Indemnification Agreement here.
Amendment of Rules
Underdog reserves the right to amend these Rules, the Underdog Fantasy Terms of Use, and/or the Underdog Fantasy Privacy Policy as necessary. It is your responsibility to review these Rules, the Underdog Fantasy Terms of Use, and the Underdog Fantasy Privacy Policy for any changes. By entering the Contest or by participating in the Contest after we change these Rules, the Underdog Fantasy Terms of Use, or the Underdog Fantasy Privacy Policy, you accept all changes thereto. Any change in the structure of the Prize (as defined below) shall be made prior to the start of Round One of the Contest.
Contest Cancellation Disclaimer
Underdog Fantasy reserves the right to change, modify, suspend, delay, or cancel the Contest at any time. Contestants will be notified promptly in the event of cancellation. If Underdog Fantasy cancels the Event prior to the start of the Event, you may be entitled to a refund.
Code of Conduct and Ejection
Underdog Fantasy has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove any Contestant(s) and/or individual(s) from participation in or attendance at the Contest and/or deny admission to or remove any Contestant(s) and/or individual(s) from any venues or spaces associated with the Contest, including, but not limited to, in instances where Underdog Fantasy determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the individual or Contestant’s entry or selections. By entering or participating in the Contest, you acknowledge and agree that Underdog has the right, in its sole and absolute discretion, and for any reason or no reason at all, to exclude you from participation in the Contest and/or remove you and your guest from any venues or spaces associated with the Contest, and by entering into or participating in the Contest, you agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against the Company Entities and Individuals, in each case, as it relates to Underdog Fantasy’s decisions under this Section.
Eligibility
To be eligible to enter and participate in Round One of the Contest (the Tryout), each Contestant must be (i) at least twenty-one (21) years of age as of the date of creating an Underdog account; (ii) create an account with Underdog Fantasy; (iii) sign the Liability Waiver and Indemnification Agreement; (iv) comply with these Rules; (v) agree, to the best of your knowledge and belief, to not collude with any other contestant or person.
To be eligible to enter the Raffle, each contestant must be (i) at least twenty-one (21) years of age as of the date of creating an Underdog account; and (ii) create an account with Underdog Fantasy. To be eligible to enter and participate in Round Two of the Contest (the Live Event), each Contestant must be (i) at least twenty-one (21) years of age as of the date of creating an Underdog account; (ii) create an account with Underdog Fantasy; (iii) sign the Liability Waiver and Indemnification Agreement; (iv) comply with these Rules; and (v) submit to a thorough background check. All winning bids to the Live Event are contingent upon clear results of the background check. In addition, each Contestant must agree, to the best of his or her knowledge and belief, to not collude with any other Contestant or person. Each Contestant must use his or her best efforts to win Round Two of the Contest. To be eligible to enter and participate in Pick’em for this Contest, each Contestant must: (i) be the owner of the Underdog Fantasy account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the Underdog Fantasy Terms of Use; (iv) be at least eighteen (18) years of age as of the date of creating an Underdog account, except in jurisdictions, territories, and locations where the minimum age for permissible use of daily fantasy sports is greater than eighteen (18) years old, you must meet the age requirement in the jurisdiction, territory or location you are physically located in while entering and participating in the Contest (19+ in Alabama and Nebraska, 19+ in Colorado for some games, and 21+ in Arizona, Massachusetts, and Virginia); (v) be physically located in one of the following states: Alabama, Alaska, Arkansas, California, Florida, Georgia, Illinois, Indiana, Kentucky, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming, and Washington D.C., and (vi) not be self-excluded from play on any Underdog Fantasy website or mobile application. Underdog Fantasy reserves the right to exclude additional state(s) or add additional state(s) under sub-section (v), provided that in the event any such additional state(s) are added, Contestants shall be required to comply with these Rules, as well as any applicable state regulations.
By entering and participating in the Contest, Contestants and all guests: (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than Underdog Fantasy; (ii) consent to the release of certain personal information to Underdog Fantasy for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as Underdog Fantasy may reasonably request and within the time frames communicated by Underdog Fantasy; (iv) agree to respond in a timely manner to Underdog Fantasy’s reasonable requests, including, but not limited to, requests for information; (v) agree, at all times while participating in the Contest, to use their best efforts to uphold the good name, image, and reputation of Underdog Fantasy and to refrain from making any statements or engaging in conduct that could damage or bring into disrepute the name, image, and/or reputation of Underdog Fantasy; and (vi) agree, at all times while participating in the Contest, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation. In the event the Contestant or his/her guest engages in behavior that, as determined by Underdog Fantasy in its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, Underdog Fantasy reserves the right to revoke or reclaim the Contestant’s Prize(s) (in the event any) and/or terminate any applicable experience(s) for the Contestant and/or the Contestant’s guest early, in whole or in part, and send the Contestant and his/her guest home with no further compensation. In such event, and without limiting any other rights of Underdog Fantasy, the Contestant may also be required to reimburse Underdog Fantasy for the Prize.
2. Entry into the Contest
Ticket and Qualification
Tryout
Individuals must qualify for the Live Event by either (i) winning one (1) bid in the Tryout on Saturday, December 16, or (ii) being selected by Underdog Fantasy.
At the Tryout, Individuals will compete in a series of five (5) shots, in accordance with the scoring outlined below. The six (6) contestants with the most points at the Tryout will advance to the Live Event. In the event of a tie for a ticket qualifying position, contestants will shoot side-by-side from the halfcourt line toward opposite baskets, and the first contestant to make a shot will advance. Upon winning, Underdog Fantasy will contact customers to receive their ticket digitally and other details related to the Live Event.
Individuals who qualify for the Contest cannot transfer their qualification to another individual or send a proxy to the Contest. Contestants are required to film at least one (1) interview with the Underdog Fantasy content team before the Contest and one (1) interview during the Contest or weekend of the Contest, as determined by Underdog Fantasy. The interviews may be used at Underdog Fantasy’s sole and absolute discretion, including, but not limited to, in connection with the development, production, distribution, commercialization, promotion, and/or exploitation of Underdog Fantasy and/or the Contest. Contestants will wear patches, attire, and/or promotional items as Underdog Fantasy may reasonably direct. Contestants agree to the potential sharing of their drafted entry, as well as the Contestant’s image and likeness, through pictures and video captured at the live event through Underdog’s social media.
Live Event
Approximately eighteen (18) individuals will compete for the Grand Prize at the Live Event. The number of contestants can be altered at Underdog Fantasy’s discretion. At the Live Event, individuals will compete in up to four (4) rounds. Their advancement will depend on the result of each round broken down below. Contestants must have both feet on designated Underdog decals for shots to count. Each made shot will count as one (1) point. A contestant’s total points will determine whether they advance to the subsequent round.
In the event of a tie between contestants that have the chance to qualify for another round, contestants will compete in the shooting game “Tops”. Contestants will shoot from a circle located at 19.9-feet away from the basket (high school three-pointer); the last contestant to miss will qualify for the following round. Contestants will shoot until one contestant makes the shot and one person misses the shot. In the event of a three way tie, it will take two contestants to miss and the third to make their shot to advance.
ROUND 1
The top-ten scorers will advance to Round 2.
ROUND 2
The top-five scorers will advance to Round 3.
ROUND 3
The top-three scorers will advance to Round 4.
ROUND 4 (FINAL)
3. Operation of the Contest
Event Schedule
The Qualifying Period for Round 1 of the Contest will take place Saturday, December 16. The first round of the contest will be played at The Dstrkt, 19840 Nordhoff Pl, Chatsworth, CA 91311. The first round of the Contest will be administered and scored according to the scoring scheme outlined above. The Live Event for Round 2 of the Contest will take place Saturday, January 20. The Live Event will be played at The Dstrkt,19840 Nordhoff Pl, Chatsworth, CA 91311. The Live Event will be administered and scored according to the scoring scheme outlined above .
Underdog reserves the right, without limitation and in its sole discretion, to change the date, time, or location of any portion of the Contest or the Raffle.
Travel Credit & Hotel Accommodations
Each Contestant who participates in the Live Final will receive a $1,000 cash credit to the Contestant’s Underdog Fantasy customer account for transportation to and from the live event; and accommodations for two (2) in one (1) hotel room in a hotel chosen by Underdog Fantasy for 2 nights (arriving on Friday, January 19, 2024 and departing on Sunday, January 21, 2024) (combined approximate retail value of $800 ($400 per person)). For clarity, any Contestant who opts not to participate in the Live Final in person shall not receive any of the items identified in this paragraph. Each Contestant is limited to one (1) travel and accommodation credit per Underdog Fantasy account that qualifies for the main event. This cash credit and hotel accommodation is for both the Contestant and his or her guest.
4. Contest Winner and Prizes
Taxes
The winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability is the responsibility of the winner(s).
5. Travel
Guests
Each Contestant participating in the Live Final in person will be permitted to bring one (1) guest to the Live Final. Any guest of Contestant must be twenty-one (21) years of age or older as of the Live Final. Guests will not receive any additional travel credit. All Contestants participating in the Live Final in person and their guests must follow all policies, instructions, and requirements of Underdog Fantasy (including but not limited to age requirements). Contestant is solely responsible for checking any age requirements for his or her guests for attendance at the Live Final.
Each Contestant that elects to participate in the Live Final in person shall ensure that his or her guest follows all rules, policies, instructions, and protocols applicable herein to such guest’s conduct. Each Contestant shall be solely responsible for his or her guest’s actions. In the event the Contestant or his/her guest engages in behavior that, as determined by Underdog Fantasy in its sole and absolute discretion, violates these Rules, the Underdog Fantasy Terms of Use, or is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, Underdog Fantasy reserves the right to terminate their participation in or attendance at the Live Final or other applicable experience(s) early, in whole or in part, send the Contestant and his/her guest home with no further compensation, and disqualify the Contestant from the Contest.
Health & Safety
Contestants participating in the Tryout and Live Final in person and their guests must follow all health and safety protocols put in place by Underdog Fantasy or the venue, which may include COVID-19 vaccination requirements, testing requirements, wearing masks, and social distancing. Contestants participating in the Tryout or Live Final in person and their guests may additionally be required to sign an assumption of risk or waiver in order to participate in or attend the Tryout or Live Final in person. Underdog Fantasy may prohibit any Contestant or guest from participating or attending the Tryout or Live Final in person in the event such Contestant or guest is unable to comply with or violates any health and safety protocols as set forth herein. Contestants shall be responsible and liable for all acts or omissions of their guests and ensuring their guests comply with all policies, instructions, and requirements of Underdog Fantasy and the venue for the Contest.
Voluntary Participation
CONTESTANTS CHOOSING TO PARTICIPATE IN THE CONTEST IN PERSON AND THEIR GUESTS REPRESENT AND WARRANT THAT ATTENDING THE CONTEST IN PERSON IS WHOLLY VOLUNTARY, AND THAT THEY ARE FULLY AWARE OF THE HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY, ILLNESS, AND DEATH. CONTESTANTS CHOOSING TO PARTICIPATE IN THE CONTEST IN PERSON AND THEIR GUESTS ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES, AND FURTHER ACKNOWLEDGE, AND ACCEPT THE RISKS ASSOCIATED WITH, OTHER FACTORS AND OCCURRENCES THAT MAY IMPACT OR AFFECT THEIR SAFETY, INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS (ALSO KNOWN AS COVID-19, 2019 NOVEL CORONAVIRUS) PANDEMIC AND OTHER POTENTIALLY RELATED DISEASES, ILLNESSES, VIRUSES, AND CONSEQUENTIAL HEALTH EFFECTS. IN PARTICULAR, CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE CONTEST IN PERSON AND THEIR GUESTS UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING THE CONTEST IN PERSON MAY EXPOSE THEM TO COVID-19, WHICH CAN BE SPREAD, AMONG OTHER WAYS, VIA THE AIR, FROM PERSON-TO-PERSON CONTACT, AND/OR BY CONTACT WITH CONTAMINATED SURFACES AND OBJECTS. CONTRACTING COVID-19 CAN CAUSE INJURY, ILLNESS, DEATH, AND/OR DISABILITY, AND MAY REQUIRE OR RESULT IN THE NEED FOR MEDICAL TREATMENT AND/OR MAY RESULT IN A NEED TO QUARANTINE FOR A PERIOD OF TIME. CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE CONTEST IN PERSON AND THEIR GUESTS DO SO AT THEIR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH AND/OR ILLNESS, AND QUARANTINE AND TRAVEL-RELATED EXPENSES ARISING FROM OR IN CONNECTION WITH ATTENDING THE CONTEST IN PERSON.
Additional Costs & Fees
Contestants who qualify for, and elect to participate in person in, the Live Final are responsible for all travel costs and fees and are responsible for scheduling, coordinating, and booking their own transportation to and from the Live Final, including travel to and from airports or the hotel. Underdog Fantasy shall have no responsibility or liability for Contestants’ transportation. Contestants and their guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Underdog Fantasy has not and will not obtain or provide travel insurance or any other form of insurance.
All expenses and incidental travel costs not expressly stated in these Rules, including, but not limited to, travel costs, meals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, room services, minibar, entertainment, personal charges, damage to hotel room, security fees, gratuities, taxes, and/or other expenses, are the responsibility of the Contestant.
6. Miscellaneous Terms and Conditions
A. The Underdog Fantasy Terms of Use shall apply to the Contest, and these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the Underdog Fantasy Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Underdog Fantasy Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the Underdog Fantasy Terms of Use, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the Underdog Fantasy Terms of Use, unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the Underdog Fantasy Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the Underdog Fantasy Terms of Use.
B. The Underdog Fantasy Privacy Policy shall apply to the Contest and to these Rules and is hereby incorporated herein by reference. These Rules are intended to be a supplement to the Underdog Fantasy Privacy Policy and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Underdog Fantasy Privacy Policy. To the extent that any provision in these Rules conflicts with any provision in the Underdog Fantasy Privacy Policy, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the Underdog Fantasy Privacy Policy unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the Underdog Fantasy Privacy Policy, in no way shall these Rules be deemed to replace or nullify any provision contained in the Underdog Fantasy Privacy Policy. A Contestant’s information will be used subject to the Underdog Fantasy Privacy Policy and these Rules. Contestants understand and acknowledge that their selections for the Contest, once locked, shall be made public and displayed on the Contest board and may be used by Underdog Fantasy in any other way deemed appropriate by Underdog Fantasy for the duration of the Contest, and in perpetuity as Underdog Fantasy deems fit.
C. By entering the Contest, each Contestant agrees to receive communications from Underdog Fantasy, subject to opting out when the Contestant so desires and in a manner prescribed by Underdog Fantasy.
D. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant hereby agrees and consents, without further authorization, compensation, or remuneration of any kind, to the editing, modification, replication, publication, and/or other use of the Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, in any and all advertising, promotions, and other publicity conducted by Underdog Fantasy, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of Underdog Fantasy or the Contest. Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to Underdog Fantasy without further authorization, compensation, or remuneration of any kind. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant hereby agrees, without any compensation, to sign any releases, assignments, or authorizations related to publicization of Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like.
E. All references to time of day contained herein refer to the prevailing Eastern Time Zone.
F. In the event of a Force Majeure Event (as defined below), Underdog Fantasy may reschedule, delay, postpone, alter, or modify the Contest, or may cancel the Contest altogether. As used herein, "Force Majeure Event" means the interruption of or material interference with Underdog Fantasy’s ability to hold the Contest or to grant Prize winnings from the Live Event final by any cause or occurrence not within Underdog Fantasy’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.
G. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the Contest or these Rules shall be the courts of competent jurisdiction sitting within New York County, New York (the “Forum”), and each Contestant and each Contestant’s guest hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. These Rules shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
H. Employees of Underdog Fantasy or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or canceled by the Contestant. Underdog Fantasy is not responsible for any website performance issue, including, but not limited to, those that result in a delay or prevention of participation in the Contest or a selection for the Contest. The best interests of the Contest and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. Underdog Fantasy reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. Underdog Fantasy shall have the sole and absolute discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.
I. Contestants who qualify for, and elect to participate in person in, the Live Final shall not secure sponsorships without the express, written approval of Underdog Fantasy.