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DraftKings Aoki All-Star League Contest - Terms & Conditions

Terms & Conditions

IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (“Rules”) BEFORE

ENTERING THE CORE AOKI ALL-STAR LEAGUE CONTEST AS THESE RULES AFFECT YOUR

LEGAL RIGHTS AND OBLIGATIONS.

A. Rules and Eligibility

1. DraftKings is pleased to announce an exciting new contest, the CORE Aoki All-Star League Contest (the “Contest”), exclusively for DraftKings players who hold an Aoki All-Star pass in their DraftKings Marketplace wallet on Thursday, September 29, 2022 at 11:59 PM eastern daylight time (“EDT”) (the “Snapshot”) who enter the Contest (each a “Contestant” and collectively, the “Contestants”). Each Contestant may have a maximum of one (1) entry into the Contest, for each Aoki All-Star pass held in their DraftKings Marketplace wallet on the Snapshot. Contestants who enter the Contest will have the opportunity to win the prizes set forth in the Prizes section of these Rules (each a “Prize” and collectively the “Prizes”). The Contest will take place on Sunday, October 2, 2022.

2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, you agree to be bound by, and subject to, these Rules, the DraftKings Daily Fantasy Sports Terms of Use (available at: https://www.draftkings.com), and the DraftKings Privacy Policy (available at: https://www.draftkings.com). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Policy. In addition to other remedies provided in these Rules or in the DraftKings Daily Fantasy Sports Terms of Use, your failure to comply with these Rules or the DraftKings Daily Fantasy Sports Terms of Use may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize as determined by DraftKings in its sole and absolute discretion. Notwithstanding anything to the contrary set forth in these Rules or the DraftKings Daily Fantasy Sports Terms of Use, DraftKings 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.

3. BY ENTERING AND/OR PARTICIPATING IN THE CONTEST YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (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 CONTEST, THESE RULES, YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST; (2) THE FANTASY SPORTS CONTESTS, CONTENT, PRODUCTS, SERVICES, AND PROMOTIONS ON DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION OR YOUR UPLOADED INFORMATION; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES AND INDIVIDUALS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, THE DRAFTKINGS MOBILE APPLICATION, OR CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (6) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF DRAFTKINGS.COM AND/OR THE DRAFTKINGS MOBILE APPLICATION, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT 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). 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY CONTESTANT’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 PARTICIPATION IN THE CONTEST IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE CONTEST. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE CONTINUATION OF THE CONTEST OR ANY EXPLOITATION OF YOUR UPLOADED CONTENT OR ANY WEBSITE, SERVICES, OR OTHER PROPERTY OWNED OR CONTROLLED BY ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE CONTEST, ANY DRAFTKINGS WEBSITE, OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE CONTEST, 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.

4. DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Policy at any time, and it is your responsibility to review these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and the DraftKings Privacy Policy for any changes. By entering the Contest or by participating in the Contest after we change these Rules, the DraftKings Daily Fantasy Sports Terms of Use, or the DraftKings 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 the Contest.

5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the Contest at any time.

6. To be eligible to enter and participate in the Contest, each Contestant must: (i) be the owner of the DraftKings account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the DraftKings Daily Fantasy Sports Terms of Use; (iv) be at least eighteen (18) years of age as of the date of the Contest entry, 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 (nineteen (19) years of age in the event you are physically located in Nebraska or Alabama when participating in the Contest or twenty-one (21) years of age in the event you are physically located in Arizona, Iowa, Louisiana, or Massachusetts when participating in the Contest); (v) be physically located in any of the fifty (50) states and Washington, DC, excluding Connecticut, Hawaii, Idaho, Montana, Nevada, Oregon, and 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; (vi) not be self-excluded from play on any DraftKings website or mobile application; and (vii) hold an Aoki All-Star pass in their DraftKings Marketplace wallet on the Snapshot. DraftKings 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.

7. By entering and participating in the Contest, Contestants: (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 DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ 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 DraftKings 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 DraftKings; 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 a Contestant engages in behavior that, as determined by DraftKings in its sole and absolute discretion, is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to revoke or reclaim the Contestant’s Prize(s) (in the event any). In such event, and without limiting any other rights of DraftKings, the Contestant may also be required to reimburse DraftKings for the Prize.

B. Entry into the Contest

1. Contestants may enter the contest on DraftKings.com or the DraftKings mobile application. Contestants may enter the Contest multiple times. Each Contestant may have a maximum of one (1) entry into the Contest for each Aoki All-Star pass held in the Contestant’s DraftKings Marketplace wallet on the Snapshot.

C. Operation of the Contest

1. The Contest will be held on DraftKings.com and be administered and scored according to DraftKings’ Reignmakers Football Classic contest rules. Lineups for the Contest may include NFTs from any rarity level. The Game Set for the Contest are the twelve (12) NFL games on Sunday, September 18, 2022 scheduled to start at 1:00 PM EDT, 4:05 PM EDT, and 4:25 PM EDT. In the event a game within the Game Set is cancelled, postponed, rescheduled, suspended, or shortened, the DraftKings’ Reignmakers Football Classic contest rules shall apply.

D. Contest Winner and Prizes

1. Contest results will be determined by the total points accumulated by a Contestant’s lineup. Each of a Contestant’s lineups are treated independently, and scoring is not cumulative across multiple lineups. The Prizes for the Contest will be based on the finishing position of the Contestant. Each of the first (1st)- through fiftieth (50th)-place winners will receive a Prize of a copy of Steve Aoki’s CD HiroQuest which contains one (1) Metazoo Booster trading card (approximate retail value $5.99). The winners of these prizes will be contacted on or after October 10, 2022 by a DraftKings representative to facilitate the delivery of their prize.

2. In the event of a tie in the Contest, DraftKings’ standard tiebreaker rules for Reignmakers Football apply. In the event a tie remains after the standard tiebreaker for any position where there are more contestants still tied then there are remaining Prizes, there will be a tiebreaker playoff contest between such still tied Contestants to determine the finishing positions. As an example only, in the event after the standard tiebreaker rules for Reignmakers Football have been applied thirty (30) Contestants are tied for first (1st) place and thirty five (35) Contestants are tied for second (2nd) place, the thirty (30) Contestants tied for first (1st) place would each receive a Prize without a tiebreaker playoff contest, and the thirty five (35) Contestants tied for second (2nd) place would participate in a tiebreaker playoff contest to determine which of the thirty five (35) Contestants win the twenty (20) remaining Prizes. DraftKings will determine the timing and structure of the tiebreaker playoff contest in DraftKings’ sole and absolute discretion.

3. After being contacted by a DraftKings representative, the winner of a Prize will need to provide a desired mailing address to which the Prize will be mailed to. This address must be communicated in writing for the shipment to occur. In the event a winner of a Prize is not able to meet the eligibility requirements or the conditions of participating in the Contest or claiming the Prize or violates these Rules or the DraftKings Daily Fantasy Sports Terms of Use, as determined by DraftKings in its sole and absolute discretion, such Contestant, as the case may be, may not be entitled to the Prize or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole and absolute discretion, and DraftKings will have no further obligation to the Contestant. 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).

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

E. Miscellaneous Terms and Conditions

1. The DraftKings Daily Fantasy Sports 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 DraftKings Daily Fantasy Sports Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Daily Fantasy Sports Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings Daily Fantasy Sports 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 DraftKings Daily Fantasy Sports Terms of Use, unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Daily Fantasy Sports Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Daily Fantasy Sports Terms of Use.

2. The DraftKings 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 DraftKings Privacy Policy and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Policy. To the extent that any provision in these Rules conflicts with any provision in the DraftKings 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 DraftKings Privacy Policy unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Policy, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Policy. A Contestant’s information will be used subject to the DraftKings 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 DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.

3. By entering the Contest, each Contestant agrees to receive communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.

4. 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 DraftKings, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings 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 DraftKings 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.

5. All references to time of day contained herein refer to the prevailing Eastern Time Zone.

6. In the event of a Force Majeure Event (as defined below), DraftKings 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 DraftKings’ ability to hold the Contest or to grant the Prize by any cause or occurrence not within DraftKings’ 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.

7. 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 Suffolk County, Massachusetts (the “Forum”), and each Contestant and each Contestant’s travel companion and 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 Commonwealth of Massachusetts, without respect to its conflict of laws principles.

8. Employees of DraftKings or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or cancelled by the Contestant. DraftKings 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. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. DraftKings shall have the sole and absolute discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.