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2022 DK KING OF THE GRIDIRON - Terms & Conditions

Terms & Conditions

IMPORTANT LEGAL NOTICE REGARDING PROMOTION RULES OF DRAFTKINGS, INC.

IMPORTANT! PLEASE CAREFULLY READ THESE PROMOTION RULES (hereinafter, “Promotion Rules”) BEFORE ENTERING THE DRAFTKINGS 2022 DK KING OF THE GRIDIRON PROMO (hereinafter, “Promotion”) AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

2022 King Of The Gridiron

2022 King Of The Gridiron will be a private, invite-only contest series that will start on Sunday, September 25, 2022, during the NFL Week 3 Classic Set. To enter the series, each player will enter the private NFL classic contest on 9/25 for $3,000. After the conclusion of the 9/25 contest, each player will be awarded 3 contest tickets. These contest tickets will be used for entries into the remaining 3 contests.

FORMAT

Private Group Contest- The players will compete in 4 Classic NFL contests. Each contest will be paired with a leaderboard that awards players points based on the finishing position of each player in the private group. The leaderboard will be manually sent to each player, so each player knows where they stand within the Promotion. This Promotion will not be elimination based. For clarity, all players will be permitted to play in each contest in each subsequent contest of the Promotion. Players will be auto entered into each contest (after the first contest). If a player fails to submit a lineup before the Set contest lock time, that player shall receive zero (0) points for that contest.

The Dates of the 4 contests are:

1. Sunday, September 25

2. Sunday, October 2

3. Sunday, October 9

4. Sunday, October 16

The leaderboard point totals will be based on the following point scale corresponding to the place a user finishes in each contest. The below is an example based on a 250 player field. The final points and payouts structure will be sent around after lock on Sunday, September 18th.

Points Per Contest

1st 250

2nd 249

3rd 248

4th 247

5th 246

6th 245

7th 244

8th 243

9th 242

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250th 1

PAYOUTS (“Prizes”)

Please note: the following is based on 250 players competing in the private league. The below will adjust based on final entry count. All entry fees will go toward the weekly and final prize pools.

The total program will consist of $750,000 in prizes. The final leaderboard will payout $550,000 of total prizes and that will be paid out in accordance with the following:

1st: $100,000.00

2nd: 75,000.00

3rd: $50,000.00

4th: $40,00.00

5th: $30,000.00

6th: $25,000.00

7th – 8th: $20,000.00

9th – 10th: $15,000.00

11th – 14th: $10,000.00

15th – 22nd: $7,500.00

23rd – 32nd: $6,000.00

Each of the 4 daily contests will pay out prizes per contest in accordance with the following payout structure.

Daily Payout Structure

1st: $10,000.00

2nd: $8,000.00

3rd: $6,000.00

4th: $5,000.00

5th – 6th: $4,000.00

7th – 8th: $3,500.00

9th – 10th: $3,000.00

After the conclusion of the 4th contest, DraftKings will pay out the leaderboard winners in accordance with the chart above and will send a final email to all 250 participants with results.

HOW TO ENTER

Enter contest directly – Players will pay $3,000 to enter the September 25th Private Contest. At the conclusion of the 9/25 contest, each player will receive 3 tickets to enter the remaining contests, and DraftKings will manually credit the 9/25 contest payouts no later than Monday, September 26th.

Please note: Payouts and points structure above are based on 250 entrants. In the event that more or fewer than 250 players join, the payouts and points structures will scale up or down accordingly.

If you have any questions, please contact support@draftkings.com

IN THE EVENT OF A TIE:

For all ties throughout the Promotion, tied players will split prizes in accordance with our Terms of Use. Regardless of lineups and highest scoring player, if two players tie for 1st place in any contest, they will split the $10,000 first place prize and $8,000 second place prize and they will split the points allocated between 1st and 2nd place. For example, if two players tie for 1st place, they will each receive 249.5 leaderboard points. This will apply if two or more players tie for any position in the leaderboard. This will also apply if two or more players tie for their final position on the leaderboard. For clarity, the tied positions at the end of the Promotion will split the amount set forth in the Payouts section.

CONDITIONS ON CLAIMING PRIZE

Where legal and as applicable, the winners must consent to the use of his/her name, voice, video, and likeness/photograph in and in connection with the development, production, distribution, commercialization, promotion and/or exploitation of DraftKings and the Promotion in a form reasonably directed by the organizers of the Promotion or other representatives of DraftKings;

Consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Promotion;

Execute other documents as DraftKings may reasonably request;

Pay all taxes, title, registration fees, and like amounts in connection with the prizes; and

At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the winner into disrepute, or harm the finalist or winner’s name or reputation.

(hereinafter, collectively, the “Requirements”).

In the event a winner of a Prize is not able to meet the Requirements for claiming the Prize, such Winner, finalist or winner, as the case may be, shall not be entitled to the Prize or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the Winner, finalist or winner, as applicable. The winners of both the Prize as applicable, must be able to fulfill the Requirements. A Contest winner’s failure to fulfill the Requirem

any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

EFFECT OF PROMOTION RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the Promotion and to these Promotion Rules, and are hereby incorporated herein by reference. These Promotion Rules are intended to be a supplement to the Terms of Use, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use. To the extent the any provision of these Promotion Rules conflicts with any provision in the Terms of Use, the provision contained in these Promotion Rules shall apply, and the provision contained in these Promotion Rules shall be deemed to supersede the conflicting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Promotion Rules that explicitly conflicts with a provision in the Terms of Use shall these Promotion rules to be deemed to replace or nullify any provision contained in the Terms of Use.

EFFECT OF PROMOTION RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website shall apply to the Promotion and to these Promotion Rules, and are hereby incorporated herein by reference. These Promotion Rules are intended to be a supplement to the Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. To the extent the any provision of these Promotion Rules conflicts with any provision in the Privacy Policy, the provision contained in these Promotion Rules shall apply, and the provision contained in these Promotion Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Promotion Rules that explicitly conflicts with a provision in the Privacy Policy shall these Promotion Rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

LIMITATION OF LIABILITY

The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Promotion and by entering the Promotion you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of use, by the provisions thereof.

CONSENT OF USE

Each player who enters the Promotion 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 names, likenesses, photographs, videos, voices, Entries and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry to the Sponsor without further authorization, compensation or remuneration of any kind.

MISCELLANEOUS

As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings’ ability to grant to the winners the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), 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 of a Force Majeure, DraftKings may reschedule the Promotion, or may cancel the Promotion altogether.

DraftKings reserves the right to alter these rules and event at any time in DraftKings’ sole discretion upon reasonable notice to you; provided however that any change in the Prize shall be made prior to the beginning of the Promotion.

By participating in the Promotion, the player agrees to be bound by the terms of these Promotion Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.