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DraftKings T-Shirt Sweepstakes - September 29, 2020 - Jessie Coffield - Terms & Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT

INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR

RESTRICTED BY LAW.

1.

Sweepstakes: 9/29/20 DRAFTKINGS T-Shirt Sweepstakes

(“Sweepstakes”).

2.

Sponsor: DraftKings, Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116

(“Sponsor”).

3.

Acknowledgement: As a condition of participating in the Sweepstakes,

you agree to be fully and unconditionally bound by the 9/29/20 DRAFTKINGS

T-Shirt Sweepstakes Official Rules (“Official Rules”), the General Rules for all

sweepstakes and contests offered by Sponsor, the decisions of Sponsor,

whose decisions shall be final and binding in all respects, and to waive any

right to claim ambiguity in the Sweepstakes, the Official Rules, or the

General Rules, which are incorporated herein by reference.

4.

Entry Period: The Sweepstakes begins at 1

2:00:00 pm. Eastern Time

(“ET”) on 9/29/20 and ends at 10:00:00 p.m. (ET) on 9/29/20, (the “Entry

Period”). Eastern Time shall control for all purposes of the Sweepstakes.

Sponsor’s computer shall be the official clock for all purposes of the

Sweepstakes.

5.

Twitter® Disclaimer: As condition of participating in the Sweepstakes,

you agree and acknowledge that Twitter, Inc. and its owners, directors,

officers, employees, contractors, agents, representatives, parents,

subsidiaries, attorneys, insurers, and associated corporations and entities

(collectively, the Twitter Group”) are not sponsors of the Sweepstakes nor do

they endorse or administer the Sweepstakes, nor are they in any way

associated with the Sweepstakes. All questions regarding the Sweepstakes

must be directed to Sponsor, not the Twitter Group. You also agree that as a

condition of participating in the Sweepstakes, you shall release the Twitter

Group from any and all liability arising out of or relating to your entry,

creation of an entry, submission of an entry, participation in the

Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast,

exploitation, or use of an entry.

6.

Eligibility: The Sweepstakes is open only to individual legal residents of

the United States (excluding Puerto Rico and U.S. territories and

possessions) who (i) have attained the age of majority in their state of

residence as of the date of entry into the Sweepstakes; (ii) satisfy all other

requirements contained herein; and (iii) at all times abide by these Official

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 are not eligible to enter.

7.

How to Enter: There is one (1) method of entry for the Sweepstakes. In

order to participate, you must be a registered user of and follow

@Jessie_Coffield” on www.Twitter.com. To become a registered user, visit

www.Twitter.com and complete the onscreen instructions to sign up for an

account. To “follow” @Jessie_Coffield on www.Twitter.com, login to your

Twitter account and select “Find People” from the tool bar at the top of the

homepage. When the search box appears, enter “@Jessie_Coffield” and then

click on the “Search” button. Select “Follow” when the @Jessie_Coffield icon

appears.

During the Entry Period, Sponsor will send a “tweet” asking followers to

Retweet their Sweepstakes tweet and follow @dklive. To enter, you must

retweet the Sweepstakes Tweet using the retweet function within

www.Twitter.com from your Twitter account during the Entry Period. An entry

received outside of the Entry Period will be deemed ineligible.

Limit One (1) entry per person per Entry Period, regardless of the method of

entry. Anyone found to be using multiple accounts to enter the Sweepstakes

or submitting multiple Tweets in violation of the Twitter Rules & Policies will

be deemed ineligible and all of his or her entries may be deemed void.

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 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 retweeting

the Sweepstakes Tweet does not constitute proof of receipt or entry into the

Sweepstakes. All entries become the exclusive property of Sponsor and will

not be acknowledged or returned.

8.

Prizes and Odds: Odds of winning depend on the number of eligible

entries received during the Entry Period.

Prize Period: One (1)

No. of Winners of Each Prize: 10

Prize Description: DraftKings T-Shirt

Approximate Retail Value: $25.00

Total Approximate Retail Value of All Prizes: $250.00

9.

Selection of Winner(s): On or about 9/29/20, (10) potential winners will

be randomly selected by Sponsor from among all eligible entries received

during the Entry Period. The potential winner will be notified by Sponsor as

soon as practicable following the end of the Entry Period. Sponsor will notify

the potential winner(s) by sending a “direct message” to the potential winner

registered Twitter.com account. If a potential winner cannot be contacted or

does not respond within 20 minutes, an alternate potential winner may be

selected. Sponsor’s decisions are final on all matters relating to this

Sweepstakes.

10.

Questions: If you have any questions regarding the Sweepstakes, send

an e-mail to support@draftkings.com with the subject line “9/29/20

DraftKings T-Shirt Sweepstakes Question”.

11.

Applicable Rules And Winner’s List: For any legally required winners’

list, send a self-addressed stamped envelope (unless otherwise prohibited by

local law) to DraftKings, Inc., 222 Berkeley St, 5th Floor, Boston, MA 02116,

Attn: DraftKings “9/29/20 DRAFTKINGS T-Shirt Sweepstakes ” Winners’ List.

All such requests must be received within three (3) months after the end of

the Sweepstakes.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY,

OR ASSOCIATED WITH TWITTER, INC. YOU ARE PROVIDING YOUR

INFORMATION TO SPONSOR AND NOT TO TWITTER, INC. THE INFORMATION

YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL

RULES AND SPONSOR’S PRIVACY POLICY, AVAILABLE AT

https://www.draftkings.com/help/privacynotice.

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: The DraftKings General Rules (“General

Rules”) apply to all sweepstakes and contests offered by Sponsor (as defined

in the Official Rules) unless modified or superseded by the rules for a specific

sweepstakes or contest (the “Official Rules”). In the event that any provision

of the Official Rules conflicts with any provision of the General Rules

provided herein, the terms of the Official Rules shall prevail with respect to

such matter. Sponsor reserves the right to interpret the rules of any

sweepstakes or contest at 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 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 will

render an entrant ineligible to participate and Sponsor reserves the right to

disqualify any entrant who attempts to undermine the legitimate operation

of the sweepstakes or contest, acts in a disruptive manner, or violates these

General rules or the applicable 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 e-mail address associated with the entry. Authorized

account holder is defined as the person assigned to an e-mail address by an

Internet access provider, on-line service provider or other organization

responsible for assigning e-mail addresses. 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 a given sweepstakes

or contest will be determined from all eligible entries received during the

Entry Period and notified according to the Official Rules for the respective

sweepstakes or contest. In the event that a sweepstakes or contest has

multiple prize periods, entrants may enter more than one (1) prize period,

but winner(s) will NOT be eligible to win prizes in subsequent prize periods

and non-winning entries will NOT be carried forward to subsequent prize

period drawings.

4.

Winner Verification: The prize winner(s) are only potential winner(s)

and 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: (i) a potential

prize winner cannot be reached for whatever reason after a reasonable effort

has been exerted or a winner notification or Affidavit is returned as

undeliverable; (ii) a potential prize winner declines or cannot accept, receive

or use a prize for any reason; (iii) of noncompliance with the above or within

any of the applicable time periods; (iv) a potential prize winner is found to be

ineligible to enter the sweepstakes or contest or to receive a prize; (v) a

potential prize winner cannot or does not comply with these General Rules

and/or the applicable Official Rules; or (vi) a potential prize winner fails to

fulfill the Affidavit-related obligations, such potential prize winner may be

disqualified from the sweepstakes or contest 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 respective sweepstakes or

contest. Sponsor reserves the right to repeat this process until an alternate

potential prize winner complies with the verification of eligibility

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.

ALL POTENTIAL PRIZE WINNER ARE SUBJECT TO VERIFICATION BY SPONSOR.

SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF

THE SWEEPSTAKES OR CONTEST, ANY CHANGES TO THESE GENERAL RULES

OR THE OFFICIAL RULES, AND THE SELECTION OF THE POTENTIAL PRIZE

WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS

RELATED TO THE SWEEPSTAKES OR CONTEST.

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 sweepstakes or contest 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 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

applicable 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, if any, are the sole responsibility of the prize winner(s). 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 a sweepstakes or contest 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 sweepstakes or contest in

which you participated as well as 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 a sweepstakes

or contest offered by Sponsor, 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 set forth below.

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 sweepstakes or contest will be

governed by the internal laws of the Commonwealth of Massachusetts. Any

and all legal actions or claims arising in connection with the sweepstakes or

contest 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 sweepstakes or contest or any prize

awarded shall be resolved individually, without resort to any form of class

action, and exclusively by state or federal courts situated in Boston, MA; (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 a sweepstakes or contest 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 s/he is

eligible to participate in the respective sweepstakes or contest.

By participating, 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 sweepstakes or contest, and each of its and their directors, employees,

officers, and agents from and against any and all third-party 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

sweepstakes or contest, including without limitation (i) the administration of

the sweepstakes or contest, such as typographical, printing, seeding, human

or other errors relating to or in connection with the sweepstakes or contest,

the processing of entries, 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 a sweepstakes or contest offered by Sponsor or

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 sweepstakes or contest or any

sweepstakes or contest-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 applicable sweepstakes or contest, or with the intent to annoy, abuse,

threaten or harass any other person. Without limiting the foregoing, in the

event Sponsor is prevented from continuing with a sweepstakes or contest

as contemplated in the applicable Official Rules by any event beyond its

control, including, without limitation, a force majeure, fire, flood, epidemic or

other national health emergency, earthquake, explosion, labor dispute or

strike, act of God or public enemy, satellite or equipment failure, riot or civil

disturbance, terrorist threat or activity, war (declared or undeclared,) or any

federal, state or local government law, order, or regulation, order of any

court or jurisdiction, public health crisis, or other cause not reasonably within

its control, then Sponsor shall also have the right to modify, suspend, extend

or terminate the respective sweepstakes or contest. In the event that a

sweepstakes or contest is terminated, cancelled, or postponed for any

reason whatsoever, the ARV 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 A SWEEPSTAKES OR

CONTEST 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 policy, 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.

12.

OPT-OUT: If you do not wish to receive any further notices from

Sponsor regarding future promotional or marketing offerings, send your

name and address to DraftKings, Inc., 222 Berkeley St, 5th Floor, Boston, MA

02116, Attn: DraftKings Opt-Out.