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DraftKings NFL Pass For a Punk - Terms & Conditions

Terms & Conditions

IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE NFL PASS FOR A PUNK AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

NFL PASS FOR A PUNK CONTEST

DraftKings is pleased to announce an exciting new contest, the NFL Pass for a Punk contest, exclusively for DraftKings players. Contestants who enter the NFL Pass for a Punk will have the opportunity to win the Grand Prize (defined below).

The NFL Pass for a Punk contest will take place on Sunday, September 12, 2021 and the first place prize will award CryptoPunk 5198 (https://www.larvalabs.com/cryptopunks/details/5198). The winner of this prize will be contacted on Monday, September 13, 2021 by a DraftKings representative to complete the transfer of this NFT asset.

FIRST PLACE TIEBREAKER

If one or more DraftKings players tie for first place in the NFL Pass for a Punk contest, in which the tie determines who wins the CryptoPunk 5198, there will be a tiebreaker playoff contest between the tied DraftKings Players, to determine the winner. DraftKings will determine the timing and structure of the tiebreaker playoff contest in DraftKings’ sole and absolute discretion. In the event of a tie for any other position besides first place in the NFL Pass for a Punk contest, DraftKings’ standard tiebreaker rules apply.

CRYPTOPUNK 5198 PRIZE DETAILS & TRANSFER

After being contacted by a DraftKings representative, the winner of this prize will need to provide their own Metamask wallet address to complete the transfer of CryptoPunk 5198. This wallet address must be communicated in writing for the transfer to take place. In the event the winner of the Grand 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.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the NFL Pass for a Punk 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/NFL.

ELIGIBILITY

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

CONDITIONS ON CLAIMING PRIZE

The finalists of the NFL Pass for a Punk 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 NFL Pass for a Punk Contest in a form reasonably directed by the organizers of the NFL Pass for a Punk 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 NFL Pass for a Punk;

Consent to the release of certain personal information to the DraftKings for purposes related to participation and eligibility for your participation in the NFL Pass for a Punk;

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 NFL Pass for a Punk Contest, the sole prize for becoming a finalist in the NFL Pass for a Punk 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 NFL Pass for a Punk Contest.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the NFL Pass for a Punk 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 NFL Pass for a Punk Contest and/or any Qualifiers.

MARKETING DISCLAIMER

By entering the NFL Pass for a Punk 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 NFL Pass for a Punk 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 NFL Pass for a Punk 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 NFL Pass for a Punk Contest, or may cancel the NFL Pass for a Punk Contest altogether with no further obligation to any player whatsoever.

If all or a portion of the PGA season is cancelled, postponed, delayed, or otherwise altered in any way before the conclusion of the NFL Pass for a Punk, DraftKings may exercise sole discretion in determining whether to reschedule, restructure, postpone, cancel, or otherwise modify any aspect of the NFL Pass for a Punk and/or the qualifiers.

By participating in the NFL Pass for a Punk Contest, the player agrees to be bound by the terms of these Contest Rules and the Terms of Use.