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DraftKings $5M Fantasy Basketball World Championship - Terms & Conditions - April 12, 2021

Terms & Conditions

IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE $5M FANTASY BASKETBALL WORLD CHAMPIONSHIP AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

FANTASY BASKETBALL WORLD CHAMPIONSHIP

DraftKings is pleased to announce an exciting new contest, the $5M Fantasy Basketball World Championship (hereinafter, the “FBWC Contest” or “FBWC”), exclusively for DraftKings players. Contestants who enter the FBWC will have the opportunity to win the Grand Prize (defined below).

To qualify for the FBWC, DraftKings players must win an entry ticket to the $5M FBWC (the “Prize”). One Hundred (100) tickets will be awarded to players who participate in an FBWC qualifier contest (a “Qualifier”) and win a ticket to the FBWC by finishing first place in the Qualifier (each a “Prize Winner”). Each of the one hundred (100) qualifiers will also receive a trip to Charlotte, North Carolina from Friday, May 21, 2021 to Monday, May 24, 2021. Each Prize Winner shall be subject to these Contest Rules in addition to the contest rules for each Qualifier.

The FBWC Contest will be held over the weekend of May 22-23, 2021 (the “FBWC Contest Day”) live in Charlotte, North Carolina. The contest will take place on DraftKings.com and be administered and scored according to DraftKings’ NBA Classic contest rules. For any Prize Winners that do not want to travel to Charlotte, North Carolina or participate in the FBWC Contest, they may take part in the final FBWC contest online from any jurisdiction where DraftKings offers daily fantasy basketball. Prize Winners who do not attend the live final will not receive any additional compensation. The winner of the FBWC Contest shall receive ONE MILLION DOLLARS ($1,000,000) dollars (the “Grand Prize”). These Contest Rules, in conjunction with the DraftKings’ Terms of Use and Privacy Policy, shall govern player eligibility, contest conduct, and rules of play of the FBWC Contest.

FBWC PRIZES

1st - $1,000,000

2nd - $500,000

3rd - $300,000

4th - $250,000

5th - $200,000

6th - $150,000

7th – 8th - $100,000

9th – 10th - $75,000

11th – 15th - $60,000

16th – 20th - $50,000

21st – 25th - $40,000

26th – 35th - $30,000

36th – 45th - $25,000

46th – 60th - $20,000

61st – 80th - $17,500

81st – 100th - $15,000

COVID-19 EVENT RULES AND REGULATIONS

In order to help ensure the safety and health of all our guests while in Charlotte, DraftKings expects all guests in attendance at the FBWC to adhere to, among other things, the following Health and Safety Protocol:

• All guests are asked to limit activity to only DraftKings events.

• All guests are required to wear face coverings over their nose and mouth while participating in DraftKings sponsored events with masks only being removed while eating or drinking. DraftKings will have masks available to any guest who needs one.

• All guests should maintain six (6) feet of social distancing where possible.

• All guests should avoid small, enclosed spaces where social distancing cannot be maintained.

• All guests should wash hands regularly. When hand washing is not available, guests should utilize the hand-sanitization stations placed throughout the venue.

• All guests are expected to follow signage and guidance on use of spaces at DraftKings events.

• All guests are expected to comply with applicable restrictions and guidelines from the North Carolina Department of Health, Mecklenburg County and the City of Charlotte.

QUALIFIER TIEBREAKERS

If one or more DraftKings players tie in a Qualifier, in which the tie determines who wins the “ticket” to the FBWC, there will be a tiebreaker playoff contest between the tied DraftKings Players, to determine the Qualifier Winner. DraftKings will determine the timing and structure of the tiebreaker playoff contest in DraftKings’ sole and absolute discretion.

FBWC FINAL TIEBREAKERS

In the event of a tie for any position in the FBWC Final Contest, DraftKings’ standard tiebreaker rules apply.

MAXIMUM NUMBER OF ENTRIES

A DraftKings player may only win a maximum of five (5) entries to the FBWC Contest. If a player chooses to play in additional FBWC qualifier contests after the player has won five entries to FBWC and happens to win an additional qualifier, the player will receive $0 for the player’s additional entry and the ticket will be awarded to second place. If a player wins multiple qualifier contests that were live at the time the player wins a fifth entry to the FBWC, the player will receive the cash value of the additional tickets won ($50,000 per ticket). DraftKings may rerun additional qualifiers.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the FBWC Contest shall be governed by the DraftKings Terms of Use and Privacy Policy, and the contest will be scored and governed by the contest rules located here: http://www.draftkings.com/help/NBA.

ELIGIBILITY

Players must meet all eligibility criteria established in the DraftKings Terms of Use.

CONDITIONS ON CLAIMING PRIZE

The finalists of the FBWC Contest, in order to claim either the Prize or the Grand Prize, or both as the case may be, must:

Where legal, the finalists, grand prize winner and all guests 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 FBWC Contest in a form reasonably directed by the organizers of the FBWC Contest or other representatives of DraftKings;

Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;

Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;

Agree to be bound by and adhere to all rules and codes of conduct as required by the terms and conditions during your participation in the FBWC;

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

Execute other documents or perform other actions as DraftKings may reasonably request;

Respond in a timely manner to DraftKings’ reasonable requests to facilitate trip planning and coordination;

In the event a finalist or winner of a Prize is not able to meet the eligibility requirements or the conditions on claiming the Prize, such finalist or winner, as the case may be, shall not be entitled to the Prize, the Grand Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the finalist or winner, as applicable. The player explicitly agrees that by entering the FBWC Contest, the sole prize for becoming a finalist in the FBWC Contest is the Prize with the opportunity to win the Grand Prize. A finalist’s or winner’s failure to meet the eligibility requirements or the conditions on claiming the Prize shall constitute a disclaimer by the finalist or winner of the Prize, the Grand Prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the FBWC Contest.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the FBWC Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest 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 Contest Rules conflicts with any provision in the Terms of Use, the provision contained in the Terms of Use shall apply, and the provision contained in the Terms of Use shall be deemed to supersede the conflicting provision contained in these Contest Rules unless otherwise stated herein. These Contest Rules shall not, in any circumstance, be deemed to replace or nullify any provision contained in the Terms of Use unless expressly stated otherwise herein.

EFFECT OF CONTEST RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website shall apply to any applicable information provided by you in connection with your participation in the FBWC Contest and/or any Qualifiers.

MARKETING DISCLAIMER

By entering the FBWC Contest or any Qualifier, each player agrees to receive communications from DraftKings, subject to opting out if the player so desires. The player’s information will be handled in accordance with the Privacy Policy.

CONSENT OF USE

Each player who enters the FBWC Contest or any Qualifier 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 player 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 player 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 administer or conduct the FBWC or any Qualifier, or 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., COVID-19, 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 FBWC Contest, or may cancel the FBWC Contest altogether with no further obligation to any player whatsoever.

If all or a portion of the NBA season (or any individual NBA game or set of games) is cancelled, postpone, delayed, or otherwise altered in any way before the conclusion of the FBWC, DraftKings may exercise sole discretion in determining whether to reschedule, restructure, postpone, cancel, or otherwise modify any aspect of the FBWC and/or the qualifiers.

By participating in the FBWC Contest, the player agrees to be bound by the terms of these Contest Rules and the Terms of Use.