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2020 DraftKings NFL Survivor Pool

OFFICIAL RULES, TERMS AND CONDITIONS

IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (hereinafter, “Official Rules”) BEFORE ENTERING THE DRAFTKINGS NFLSURVIVOR POOL AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. NO ENTRY FEE, PAYMENT, OR PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

FEATURED CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the DraftKings NFL Survivor Pool (hereinafter, the “Contest”) exclusively for DraftKings players. Entrants in said Contest (“Entrants,” “you” or “your”), will have the opportunity to win the Grand Prize (defined below). Entrants must be eighteen years or older and a resident of the United States of America. There is no Contest entry fee.

The Contest begins on September 13, 2020 and concludes on January 3, 2021 or if there is a winner prior. To enter the Contest, DraftKings players must officially register at https://sportsbook.draftkings.com/pools or on the DraftKings mobile app. The registration period will begin on August 3, 2020 an[MA1] d close on September 13, 2020, at the start of the first game. Registration must be made via an existing DraftKings Sportsbook or Daily Fantasy Sports account. Entrants register by joining the “DraftKings Survivor Pool”, posted in DraftKings’ Pools Lobby. Limit one entry per person and per email address, regardless of method of entry.

Each Entrant shall be subject to these Official Rules. These rules, in conjunction with the DraftKings’ Terms of Use and Privacy Policy, shall govern Entrant eligibility, Contest conduct, and rules of play for the Contest. In the event of a conflict between these Rules and the DraftKings’ Terms of Use or Privacy Policy, these Rules shall govern.

RULES OF PLAY

Each week, entries will pick one team to win their game and advance them into the next week of the Survivor. You may only pick each NFL team once per contest. Once you have used a team, they are no longer available to be picked for the remainder of the season. If your pick loses, your entry is eliminated from the contest. If your pick wins, you advance to the next week where you have to pick a new team. If your entry can no longer make a pick (ie you don’t have any teams left because you have somehow used them all, your entry will be eliminated).

If you forget to submit a pick for a week and at least one entry advances past that round, you are eliminated.

If at the end of any week, only one entry is alive, that entry is declared the winner. If at the end of Week 17, multiple entries are still alive, all of those entries will split the entire prize pool evenly. If there are no entries remaining at the end of a day, each entry that was alive prior to the elimination day would split prizes and the contest will end. For example, if there are 5 of 10 entries remaining in a survivor pool in Week 13 and all 5 are all eliminated on that day, those 5 entries would split the prize pool for surviving the longest since there was no decisive winner.

All games, including TNF, will be available to pick. Games prior to Sunday at 1 PM ET will lock for picking at their kickoff time. Sunday at 1 PM is the final cutoff each week to make any selection in the contest. Any selection made for a game before Sunday at 1 PM will be locked from public view until Sunday at 1 PM. You cannot submit or change a pick after the deadline, even if the team you want to pick plays later in the day. You can change your pick as many times as you want before the deadline each day, unless you have picked a game that has already locked in which case your pick for the week is locked. [MA2]

The eligible Entrant(s) who win(s) the Contest by being the last entry still alive at the end of the Contest shall receive $1,000,000[MA3] (the “Grand Prize”). If there is only one (1) entry remaining at the end of the Contest, that entry will win the entire Grand Prize. If multiple entries are still alive at the end of the Contest, all surviving entries will split the Grand Prize evenly (e.g., If 100 entries are still alive at the end of the Contest, each Entrant will receive $10,000). If all remaining entries are eliminated before the conclusion of the Contest, the longest surviving entries will split the Grand Prize. All prizes will be paid after the last game of week 17 or when the last survivor entry exists.

TIEBREAKERS

If more than one Entrant survives until the end of the Contest Period, the prize will be split evenly among all remaining Entrants.

MAXIMUM NUMBER OF ENTRIES

Entrants are limited to one entry for the Contest.

ELIGIBILITY

Players must be eighteen years of age or older, and a resident of the United States of America. Void where prohibited or restricted by law – no purchase necessary. Employees of DraftKings of its respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, 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 are not eligible to enter.

CONDITIONS ON CLAIMING PRIZE

In order to claim the Grand Prize, the winners of the Contest (“Prize 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 Contest in a form reasonably directed by the organizers of the Contest or other representatives of DraftKings;

Agree to be bound by and adhere to all Official Rules, related rules and codes of conduct as required by the terms and conditions during your participation in the Contest;

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

Execute other documents as DraftKings may reasonably request;

Respond in a timely manner to DraftKings’ reasonable requests to facilitate Grand Prize awards;

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 Prize Winner is not able to meet the Requirements for claiming the grand prize, such Prize Winner, shall not be entitled to the grand prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the Prize Winner. The Prize Winner must be able to fulfill the Requirements. A Prize Winner’s failure to fulfill the Requirements shall constitute a disclaimer by the Prize Winner of the grand prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

EFFECT OF OFFICIAL RULES ON TERMS OF USE

The Terms of Use (www.draftkings.com/help/terms) and DraftKings pools rules on the DraftKings Website (www.sportsbook.draftkings.com) shall apply to the Contest and to these Official Rules, and are hereby incorporated herein by reference. These Official 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 or any part thereof unless otherwise indicated herein. In no way other than a provision of these Official Rules that explicitly conflicts with a provision in the Terms of Use or DraftKings pools rules shall these Official Rules be deemed to replace or nullify any provision contained in the Terms of Use or DraftKings pools rules.

EFFECT OF OFFICIAL RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website (www.sportsbook.draftkings.com) shall apply to the Contest and to these Official Rules, and are hereby incorporated herein by reference. These Official 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. In no way other than a provision of these Official Rules that explicitly conflicts with a provision in the Privacy Policy shall these Official Rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

WARRANTIES AND CONSENTS

By entering the Contest, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules and any applicable policies or, as applicable, (ii) based on these Official Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by DraftKings for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Official Rules by the DraftKings, in its sole and absolute discretion, which are final and binding in all matters relating to the Contest.

LIMITATION OF LIABILITY

The limitation of liability contained in the Terms of Use shall be deemed to apply to your participation in the Contest, and by entering the Contest 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.

MARKETING DISCLAIMER

By entering the Contest, each Entrant agrees to receive communications from DraftKings, subject to opting out in accordance with the instructions in the Terms of Use or in any such communications from DraftKings.

CONSENT OF USE

Each Entrant 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 DraftKings 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 any Prize or Grand Prize, or any other compensation, consideration, or any other thing of value to the Prize Winners 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 Contest, or may cancel the Contest altogether.

DRAFTKINGS IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAFTKINGS DOES NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. DRAFTKINGS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

DraftKings reserves the right to alter these rules and event at any time in DraftKings’ sole discretion upon reasonable notice to you. DraftKings may exclude any individual(s) from participation, if it determines at is sole discretion there are any irregularities or abuses occurring in connection with the Contest.

By participating in the Contest, the Entrant agrees to: (1) be bound by the terms of these Official Rules, the Terms of Use, the decisions of DraftKings, which are binding and final in all matters relating to this Contest; (2) release and hold harmless DraftKings and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal

injury arising out of or relating to a Player’s entry, creation of an entry or submission of an entry,

participation in the Contest, acceptance or use or misuse of prize (including any travel or activity

related thereto) and/or the broadcast, exploitation or use of entry; and (3) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.

Employees of DraftKings may not participate in DraftKings Super Pool. Entries cannot be transferred or refunded. All Sportsbook’s Pools rules apply unless in conflict with a Contest rule, or otherwise indicated. Winnings will be subject to IRS reporting of winnings based on applicable laws and IRS regulations. DraftKings is not responsible for any website performance issue that results in a delay or prevention of submission of picks, participation in the contest, or other negative impact to the Entrant in conjunction with the Contest. Entrants may be disqualified and forfeit their entry fee and winnings if they violate the terms of this Contest or the DraftKings.com website Terms of Use.

[MA1]For nfl season

[MA2]Nfl rules (general survivor rules like one team a day apply is similar to the march madness)

[MA3]1m prize