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DraftKings HIT IT HERE Sweepstakes - Official Rules

DRAFTKINGS HIT IT HERE

SWEEPSTAKES OFFICIAL 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. Sweepstakes: DraftKings Hit It Here 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 these DraftKings Hit It Here Sweepstakes Official Rules (“Official Rules”), the DraftKings General Rules for all sweepstakes offered by Sponsor (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects. You agree to fully and unconditionally waive any right to claim ambiguity in the Sweepstakes, the Official Rules, or the General Rules. The General Rules are attached as Exhibit A to these Official Rules and are incorporated herein by reference. Sponsor reserves the right to amend these Official Rules or the General Rules at any time, and it is your responsibility to review these Official Rules and the General Rules for any changes. By participating in the Sweepstakes or accepting a prize after we change these Official Rules or the General Rules, you accept all changes thereto.

4. Entry Period: The Sweepstakes begins at 12:00:00 p.m. on July 7, 2021 and ends at 10:00:00 p.m. on July 12, 2021, (the “Entry Period”). All references to time of day contained herein refer to the Eastern Time Zone. Sponsor’s computer shall be the official clock for all purposes of the Sweepstakes.

5. MLB Entities Disclaimer: As a condition of participating in the Sweepstakes, you agree and acknowledge that the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “MLB Entities”) 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 MLB Entities. You also agree that as a condition of participating in the Sweepstakes, you shall release the MLB Entities 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. MLB Entities (a) make no warranty, guaranty, or representation of any kind concerning any prize (or any portion thereof) and (b) disclaim any implied warranty.

6. Eligibility: The Sweepstakes is open only to United States residents within the fifty (50) United States, with the exception of residents of the State of New York and the State of Florida, 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 and the General Rules. Employees, officers, and directors of Sponsor and each of Sponsor’s affiliates, agents, and advertising, public relations, and promotion agencies; the judges of the Sweepstakes; the MLB Entities; and members of each of the preceding’s immediate families (i.e. spouses, parents, children and siblings, and their respective spouses) and those living in the same household are not eligible to enter the Sweepstakes.

7. How to Enter: During the Sweepstakes Period, (if not already completed prior) you must create an account (the “DraftKings Account”) via the website located at www.draftkings.com (the “Website”) or Sponsor’s mobile applications and agree to the Terms of Use, Privacy Policy, and other user agreement(s) Sponsor may require. Following registration, participants who place an entry into either the Free $25K MLB Home Run Derby Pool or Free $25K MLB Home Run Derby Final Round Pool during the Sweepstakes Period via the Sponsor’s Websites and/or mobile applications shall be prompted with a checkbox containing terms to enter for a chance to win a Prize in the Sweepstakes. Participants must have an active DraftKings Account to be eligible to enter the Sweepstakes and win a Prize. Closure of your DraftKings Account during the Sweepstakes Period will disqualify you from the Sweepstakes, and you will not be eligible to receive a Prize.

Limit one (1) entry per person. Anyone found to be using multiple accounts to enter the Sweepstakes or submitting multiple entries will be deemed ineligible for the Sweepstakes, 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 Sponsor shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission or entry. No illegible, incomplete, forged, or altered entries will be accepted. 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. The “Prize(s)” for the Sweepstakes will be two (2) tickets to a 2021 World Series game, exact game to be chosen by the Sponsor, and two thousand five hundred dollars ($2,500) for travel and accommodations which will be deposited into the winner’s DraftKings Account. The total approximate retail value of a Prize is three thousand one hundred dollars ($3,100). The number of Prizes for this Sweepstakes will be determined by the number of home run balls that strike a DraftKings target during the 2021 Major League Baseball Home Run Derby, as determined by Sponsor in its sole discretion, up to a maximum of three (3). For the avoidance of doubt, the maximum number of Prizes that will be awarded by Sponsor for this Sweepstakes is three (3) Prizes. In the event a home run ball does not strike a DraftKings target during the 2021 Major League Baseball Home Run Derby, Sponsor will award one (1) Prize for this Sweepstakes.

9. Prize Conditions for MLB tickets: Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket.

10. Selection of Winner: On or about July 15, 2021, Sponsor will randomly select the potential winner(s) for the Prize(s) from among all eligible entries received during the Entry Period. One (1) potential winner will be randomly selected for each Prize to be awarded as part of this Sweepstakes, the number of Prizes to be determined as set forth in Section 8. Subject to verification of eligibility and compliance with these Official Rules and the General Rules, the potential winner(s) will be deemed the official winner(s) of the Sweepstakes. The potential winner(s) will be notified by Sponsor as soon as practicable by sending an email to the potential winner’s(s’) e-mail address associated with their DraftKings Account. If a potential winner cannot be contacted or does not respond within seventy-two (72) hours, an alternate potential winner may be selected. Sponsor’s decisions are final on all matters relating to this Sweepstakes.

11. Questions: If you have any questions regarding the Sweepstakes, send an e-mail to support@draftkings.com with the subject line “DraftKings Hit It Here Sweepstakes”.

12. 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 Hit It Here Sweepstakes Winners’ List. All such requests must be received within three (3) months after the end of the Sweepstakes.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH ANY OF THE MLB ENTITIES. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO THE MLB ENTITIES. THE INFORMATION YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL RULES AND SPONSOR’S PRIVACY NOTICE, AVAILABLE AT https://www.draftkings.com/help/privacynotice.

Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.

EXHIBIT A

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: These DraftKings General Rules apply to all sweepstakes offered by Sponsor unless modified or superseded by the Official Rules for a specific sweepstakes. In the event that any provision of the Official Rules conflicts with any provision of the General Rules, the terms of the Official Rules shall prevail with respect to such matter. Sponsor reserves the right to interpret the rules of any sweepstakes in 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 may render an entrant ineligible to participate in a sweepstakes, and Sponsor reserves the right to disqualify any entrant from a sweepstakes who attempts to undermine the legitimate operation of the sweepstakes, 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 Twitter Account associated with the entry. 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 will be determined from all eligible entries received during the Entry Period. The potential winner(s) of a sweepstakes will be notified according to the Official Rules for the respective sweepstakes. 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: 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 a potential prize winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted or a winner notification or Affidavit is returned as undeliverable; (ii) declines or cannot accept, receive, or use a prize for any reason; (iii) does not respond within any specified or applicable time periods; (iv) is found to be ineligible to enter the sweepstakes or receive a prize; (v) cannot or does not comply with these General Rules and/or the applicable Official Rules; or (vi) fails to fulfill the Affidavit-related obligations, such potential prize winner may be disqualified from the sweepstakes 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 all eligibility and verification 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, in its sole discretion.

POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE GENERAL RULES OR THE OFFICIAL RULES, AND THE SELECTION AND VERIFICATION OF THE POTENTIAL PRIZE WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE SWEEPSTAKES.

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 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 potential 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 associated with a prize, if any, are the sole responsibility of the prize winner. 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 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 in which you participated as well as any 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 offered by Sponsor or accepting a prize, 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 prescribed by DraftKings.

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 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 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 any prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts; (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 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 he or she is eligible to participate in the respective sweepstakes.

By participating in a sweepstakes, 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, and each of its and their directors, employees, officers, and agents from and against any and all 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, including without limitation (i) the administration of the sweepstakes, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the sweepstakes, the processing of entries, the selection of winners, 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, 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 any sweepstakes-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 a sweepstakes, or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to amend these General Rules or the Official Rules at any time, and it is your responsibility to review these General Rules or the Official Rules for any changes. By participating in a sweepstakes or accepting a prize after we change these General Rules or the Official Rules, you accept all changes thereto.

Sponsor may reschedule, delay, postpone, alter, or modify a sweepstakes, or cancel a sweepstakes altogether, in the event Sponsor determines, in its sole discretion, that a sweepstakes cannot be continued with as contemplated. Without limiting the foregoing, in the event of a Force Majeure Event (as defined below), Sponsor may reschedule, delay, postpone, alter, or modify a sweepstakes, or may cancel a sweepstakes altogether. As used herein, “Force Majeure Event” shall mean the interruption of or material interference with Sponsor’s ability to hold, execute, or administer a sweepstakes and/or to grant a prize by any cause or occurrence not within Sponsor’s 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. In the event that a sweepstakes is terminated or cancelled for any reason whatsoever, the approximate retail value 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 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 notice, 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.

10. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding future promotional or marketing offerings, send an email to privacy@draftkings.com.