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Pixel Vault contests - Terms & Conditions

How do the Pixel Vault contests work?

There will be one CORE and one RARE contest taking place on Saturday, December 17th. Both will be Classic RMF format and consist of all three professional football matchups for that day. In all, there will be $100K in cash prizes as well as Inhabitants NFTs and prize packs. Users will be required to submit a contest lineup that contains at least three (3) Pixel Vault special edition player cards in order to meet lineup requirements.

THE INHABITANTS NFTS ARE PROVIDED “AS IS,” AND DRAFTKINGS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INHABITANTS NFTS INCLUDING, BUT NOT LIMITED TO, AUTHENTICITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES.

The winner of the Inhabitants NFTs will need to provide DraftKings with the address of their digital wallet capable of receiving NFTs to complete the transfer of the Inhabitant NFTs. This wallet address must be communicated to DraftKings in writing for the transfer to take place. In the event the winner of an Inhabitants NFT is not able to provide a digital wallet address within thirty (30) days of request from DraftKings, such winner will not be entitled to the Inhabitants NFT, and DraftKings will have no further obligation to such winner.

What are the Playmaker Bonuses?

Unique to the Pixel Vault Set comes a new bonus… the bigger the scoring play, the bigger the rewards holders can win! If any player from the Pixel Vault set scores a rushing, receiving, or return touchdown in Week 15 (as outlined in the table above), all holders of Pixel Vault player NFTs win a private DFS contest ticket! There will be one private DFS contest for CORE player NFT holders and one for RARE holders. Users would receive one private DFS contest ticket per Pixel Vault collectible held.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. AT THE TIME OF PURCHASE OR ENTRY, YOU MUST: (i) BE A LEGAL RESIDENT OF THE UNITED STATES AND PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR WASHINGTON D.C. EXCLUDING HAWAII, IDAHO, MONTANA, NEVADA, OREGON, PENNSYLVANIA, WASHINGTON, AND ANY PARISH IN LOUISIANA WHERE A MAJORITY OF THE QUALIFIED ELECTORS IN THE PARISH VOTED AGAINST THE PROPOSITION TO AUTHORIZE FANTASY SPORTS CONTESTS; (ii) BE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND (iii) HAVE AN ONLINE DRAFTKINGS DAILY FANTASY SPORTS ACCOUNT.

Sponsor: DK Crown Holdings Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116 (“Sponsor”).

As a condition of participating, you agree to be fully and unconditionally bound by these terms and conditions (“Official Rules”), the DraftKings General Rules (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects. As a condition of participating, you agree to waive any right to claim ambiguity in 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.

You must at all times abide by and satisfy all terms and requirements in these Official Rules and the General Rules. Employees of Sponsor and each of its respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, the judges, and members of each of their immediate families (i.e. spouses, parents, children and siblings, and their respective spouses) and those living in the same household of each of the foregoing are not eligible to enter. In the event you don’t have an existing online DraftKings Daily Fantasy Sports Account, you may create a new account at www.draftkings.com and clicking the “Sign Me Up” button. Creating an account is free.

There are only two (2) methods of entry. You may purchase a Pixel Vault player NFT on the DraftKings Marketplace and hold that Pixel Vault player NFT in your DraftKings wallet on December 17, 2022 at 1:00 p.m. You will get one entry per Pixel Vault player NFT in your DraftKings wallet on December 17, 2022 at 1:00 p.m. You may also enter by mail, by mailing a 3” x 5” card containing your name, home address (P.O. boxes are not permitted), DraftKings account username, and the email address associated with your DraftKings account to “DraftKings Pixel Vault Bonus” at 222 Berkeley St., 5th Floor, Boston, MA 02116. Limit one (1) entry per stamped outer envelope. Failure to comply will result in disqualification of the non-compliant entry. You must provide all required information to be eligible to enter and win. Each compliant and successfully mailed in written request equals one (1) entry. All mail in entries must be received by December 17, 2022 at 1:00 p.m.

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. No illegible, incomplete, forged, or altered entries will be accepted. Proof of mailing does not constitute proof of receipt or entry. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

Subject to verification of eligibility and compliance with these Official Rules and the General Rules, in the event a player depicted in a DraftKings Reignmakers Pixel Vault player NFT scores a rushing, receiving, or return touchdown during week fifteen (15) of the 2022-2023 professional football season, each entrant will receive a ticket to a private daily fantasy sports contest for each entry. For each entry associated with a Core level Pixel Vault player NFT, the entrant will receive a ticket to the Core private daily fantasy sports contest, and for each entry associated with a Rare level Pixel Vault player NFT, the entrant will receive a ticket to the Rare private daily fantasy sports contest. Entrants may win a maximum of one hundred fifty (150) tickets to the Core private daily fantasy sports contest and a maximum of one hundred fifty (150) tickets to the Rare private daily fantasy sports contest. Both contests will be held during week 17 of the 2022-2023 professional football season. Each entry through the mail in method will be assigned either a Core designation or Rare designation based on the same odds any given player NFT in a pack will be a Core level Pixel Vault player NFT or Rare level Pixel Vault player NFT (i.e. one (1) out of every six (6) mail in entries received will be randomly designated a Rare contest ticket). The prize pool for each private daily fantasy sports contest will be determined by the length of the touchdown scored as set forth in the below table, and the longest rushing, receiving, or return touchdown scored by a player depicted in a DraftKings Reignmakers Pixel Vault player NFT will be used to determine the size of the prize pool for the private contests:

Length of Touchdown

Core Contest Prize Pool

Rare Contest Prize Pool

0 – 9 Yards

$5,000

$1,000

10 – 19 Yards

$10,000

$2,500

20 – 39 Yards

$15,000

$5,000

40 – 79 Yards

$20,000

$7,500

80+ Yards

$25,000

$10,000

Each ticket will be distribute to the winners DraftKings daily fantasy sports account, and Sponsor will notify the potential winners by sending an e-mail to the e-mail address associated with the winners DraftKings daily fantasy sports account.

A winner may only enter the private daily fantasy sports contest when physically located in in one of the fifty (50) United States or Washington D.C. excluding Hawaii, Idaho, Montana, Nevada, Oregon, Pennsylvania, Washington, and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests. To enter the private daily fantasy sports contest, a winner must be at least eighteen (18) years of age (or at least nineteen (19) years of age in the event physically located in Nebraska or Alabama or twenty-one (21) years of age in the event physically located in Arizona, Iowa, Louisiana, or Massachusetts). You should reference the DraftKings Daily Fantasy Sports Terms of Use when using the daily fantasy sports private contest ticket, as additional restrictions, conditions, and limitations may apply. Sponsor’s decisions are final on all matters.

Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right, in its sole discretion, to substitute the 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 prize not specifically stated herein are the sole responsibility of the winners. All times listed refer to eastern prevailing time.

If you have any questions, send an e-mail to support@draftkings.com with the subject line “Pixel Vault Playmaker Bonus”. 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: DraftKings “Pixel Vault Playmaker Bonus” Winners’ List. All such requests must be received by March 31, 2023.

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 promotion 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 promotion 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 promotion, and Sponsor reserves the right to disqualify any entrant from the promotion who attempts to undermine the legitimate operation of the promotion, 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 promotion will be determined from all eligible entries received. The potential winner(s) of the promotion will be notified according to the Official Rules.

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 promotion 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 promotion 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 promotion. 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 PROMOTION, 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 PROMOTION.

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 promotion 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 promotion 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 promotion 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 promotion 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 promotion will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with the promotion 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 promotion 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 promotion 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 promotion.

By participating in the promotion, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the promotion, 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 promotion, including without limitation (i) the administration of the promotion, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the promotion, 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 promotion 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 promotion or any promotion-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 promotion, 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 promotion 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 promotion, or cancel the promotion altogether, in the event Sponsor determines, in its sole discretion, that a promotion 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 promotion, or may cancel the promotion 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 promotion 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 promotion 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 PROMOTION 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.

What are the Playmaker Bonuses?

Unique to the Pixel Vault Set comes a new bonus… the bigger the scoring play, the bigger the rewards holders can win! If any player from the Pixel Vault set scores a touchdown in Week 15 (as outlined in the table above), all holders of Pixel Vault player NFTs win a private DFS contest ticket! There will be one private DFS contest for CORE player NFT holders and one for RARE holders. Users would receive one private DFS contest ticket per Pixel Vault collectible held.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. AT THE TIME OF PURCHASE OR ENTRY, YOU MUST: (i) BE A LEGAL RESIDENT OF THE UNITED STATES AND PHYSICALLY LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR WASHINGTON D.C. EXCLUDING HAWAII, IDAHO, MONTANA, NEVADA, OREGON, PENNSYLVANIA, WASHINGTON, AND ANY PARISH IN LOUISIANA WHERE A MAJORITY OF THE QUALIFIED ELECTORS IN THE PARISH VOTED AGAINST THE PROPOSITION TO AUTHORIZE FANTASY SPORTS CONTESTS; (ii) BE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND (iii) HAVE AN ONLINE DRAFTKINGS DAILY FANTASY SPORTS ACCOUNT.

Sponsor: DK Crown Holdings Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116 (“Sponsor”).

As a condition of participating, you agree to be fully and unconditionally bound by these terms and conditions (“Official Rules”), the DraftKings General Rules (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects. As a condition of participating, you agree to waive any right to claim ambiguity in 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.

You must at all times abide by and satisfy all terms and requirements in these Official Rules and the General Rules. Employees of Sponsor and each of its respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, the judges, and members of each of their immediate families (i.e. spouses, parents, children and siblings, and their respective spouses) and those living in the same household of each of the foregoing are not eligible to enter. In the event you don’t have an existing online DraftKings Daily Fantasy Sports Account, you may create a new account at www.draftkings.com and clicking the “Sign Me Up” button. Creating an account is free.

There are only two (2) methods of entry. You may purchase a Pixel Vault player NFT on the DraftKings Marketplace and hold that Pixel Vault player NFT in your DraftKings wallet on December 17, 2022 at 1:00 p.m. You will get one entry per Pixel Vault player NFT in your DraftKings wallet on December 17, 2022 at 1:00 p.m. You may also enter by mail, by mailing a 3” x 5” card containing your name, home address (P.O. boxes are not permitted), DraftKings account username, and the email address associated with your DraftKings account to “DraftKings Pixel Vault Bonus” at 222 Berkeley St., 5th Floor, Boston, MA 02116. Limit one (1) entry per stamped outer envelope. Failure to comply will result in disqualification of the non-compliant entry. You must provide all required information to be eligible to enter and win. Each compliant and successfully mailed in written request equals one (1) entry. All mail in entries must be received by December 17, 2022 at 1:00 p.m.

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. No illegible, incomplete, forged, or altered entries will be accepted. Proof of mailing does not constitute proof of receipt or entry. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

Subject to verification of eligibility and compliance with these Official Rules and the General Rules, in the event a player depicted in a DraftKings Reignmakers Pixel Vault player NFT scores a rushing, receiving, or return touchdown during week fifteen (15) of the 2022-2023 professional football season, each entrant will receive a ticket to a private daily fantasy sports contest for each entry. For each entry associated with a Core level Pixel Vault player NFT, the entrant will receive a ticket to the Core private daily fantasy sports contest, and for each entry associated with a Rare level Pixel Vault player NFT, the entrant will receive a ticket to the Rare private daily fantasy sports contest. Entrants may win a maximum of one hundred fifty (150) tickets to the Core private daily fantasy sports contest and a maximum of one hundred fifty (150) tickets to the Rare private daily fantasy sports contest. Both contests will be held during week 17 of the 2022-2023 professional football season. Each entry through the mail in method will be assigned either a Core designation or Rare designation based on the same odds any given player NFT in a pack will be a Core level Pixel Vault player NFT or Rare level Pixel Vault player NFT (i.e. one (1) out of every six (6) mail in entries received will be randomly designated a Rare contest ticket). The prize pool for each private daily fantasy sports contest will be determined by the length of the touchdown scored as set forth in the below table, and the longest rushing, receiving, or return touchdown scored by a player depicted in a DraftKings Reignmakers Pixel Vault player NFT will be used to determine the size of the prize pool for the private contests:

Length of Touchdown

Core Contest Prize Pool

Rare Contest Prize Pool

0 – 9 Yards

$5,000

$1,000

10 – 19 Yards

$10,000

$2,500

20 – 39 Yards

$15,000

$5,000

40 – 79 Yards

$20,000

$7,500

80+ Yards

$25,000

$10,000

Each ticket will be distribute to the winners DraftKings daily fantasy sports account, and Sponsor will notify the potential winners by sending an e-mail to the e-mail address associated with the winners DraftKings daily fantasy sports account.

A winner may only enter the private daily fantasy sports contest when physically located in in one of the fifty (50) United States or Washington D.C. excluding Hawaii, Idaho, Montana, Nevada, Oregon, Pennsylvania, Washington, and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests. To enter the private daily fantasy sports contest, a winner must be at least eighteen (18) years of age (or at least nineteen (19) years of age in the event physically located in Nebraska or Alabama or twenty-one (21) years of age in the event physically located in Arizona, Iowa, Louisiana, or Massachusetts). You should reference the DraftKings Daily Fantasy Sports Terms of Use when using the daily fantasy sports private contest ticket, as additional restrictions, conditions, and limitations may apply. Sponsor’s decisions are final on all matters.

Notwithstanding anything to the contrary contained in these Official Rules, Sponsor reserves the right, in its sole discretion, to substitute the 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 prize not specifically stated herein are the sole responsibility of the winners. All times listed refer to eastern prevailing time.

If you have any questions, send an e-mail to support@draftkings.com with the subject line “Pixel Vault Playmaker Bonus”. 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: DraftKings “Pixel Vault Playmaker Bonus” Winners’ List. All such requests must be received by March 31, 2023.

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 promotion 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 promotion 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 promotion, and Sponsor reserves the right to disqualify any entrant from the promotion who attempts to undermine the legitimate operation of the promotion, 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 promotion will be determined from all eligible entries received. The potential winner(s) of the promotion will be notified according to the Official Rules.

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 promotion 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 promotion 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 promotion. 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 PROMOTION, 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 PROMOTION.

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 promotion 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 promotion 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 promotion 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 promotion 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 promotion will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with the promotion 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 promotion 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 promotion 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 promotion.

By participating in the promotion, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the promotion, 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 promotion, including without limitation (i) the administration of the promotion, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the promotion, 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 promotion 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 promotion or any promotion-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 promotion, 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 promotion 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 promotion, or cancel the promotion altogether, in the event Sponsor determines, in its sole discretion, that a promotion 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 promotion, or may cancel the promotion 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 promotion 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 promotion 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 PROMOTION 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.