PLEASE CAREFULLY READ THESE DRAFTKINGS MARKETPLACE TRANSFER TERMS AND CONDITIONS BEFORE CLICKING “REVEAL WALLET” AND/OR TRANSFERRING NFTS FROM YOUR INDIVIDUAL CUSTODIAL WALLET. THESE DRAFTKINGS MARKETPLACE TRANSFER TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

YOU AGREE THAT THIRTY (30) DAYS (MEASURED AS 720 HOURS) AFTER YOU FIRST CLICK “REVEAL WALLET CREDENTIALS” DRAFTKINGS WILL DELETE THE WALLET ADDRESS AND PRIVATE KEY FOR YOUR CUSTODIAL WALLET AND YOU WILL NOT BE ABLE TO ACCESS OR RECOVER YOUR CUSTODIAL WALLET ADDRESS AND PRIVATE KEY THROUGH DRAFTKINGS. SUCH DELETION WILL OCCUR, AMONG OTHER REASONS, FOR SECURITY PURPOSES. WHAT THIS MEANS IS THAT IN THE EVENT YOU DO NOT RECORD YOUR WALLET ADDRESS AND PRIVATE KEY FOR YOUR CUSTODIAL WALLET WITHIN THIRTY (30) DAYS (MEASURED AS 720 HOURS) AFTER YOU FIRST CLICK ON “REVEAL WALLET CREDENTIALS” NEITHER YOU NOR DRAFTKINGS WILL HAVE THE ABILITY TO RECOVER YOUR WALLET ADDRESS AND PRIVATE KEY AND YOU WILL NO LONGER HAVE THE ABILITY TO TRANSFER YOUR NFTS FROM YOUR CUSTODIAL WALLET.

INTRODUCTION

These DraftKings Marketplace Transfer Terms and Conditions (the “Transfer Terms”) govern the transfer of your NFTs that remained in your wallet on the DraftKings Marketplace as of October 31, 2024, at 12:01 a.m. eastern prevailing time (“EPT”), with the exception of Reignmakers Football and PGA TOUR Starter Cards, 2024 Reignmakers Football Crafting Tokens, 2024 Reignmakers Football Playmaker Packs, and 2024 Reignmakers Instant Win cards (the “Eligible NFTs”). Your Eligible NFTs have been placed in an individual custodial wallet (“Custodial Wallet”). Please note that in the event that, in exchange for a payment that you have already received from DraftKings (the “Payment”) you, among other things, agreed to waive and relinquish all rights to all Reignmakers digital game pieces that remained in your Draftkings wallet as of October 31, 2024, at 12:01 a.m. EPT, then pursuant to the terms and conditions governing that Payment your Reignmakers game pieces that remained on DraftKings as of October 31, 2024, at 12:01 a.m. EPT are not Eligible NFTs, and therefore, were not transferred to your Custodial Wallet. Additionally, any NFTs that you transferred from DraftKings before October 31, 2024 are not Eligible NFTs and therefore will not be in your Custodial Wallet.

The DraftKings Marketplace Terms of Use available at https://myaccount.draftkings.com/documents/us-mkt-terms-of-use (the “Marketplace Terms”), as amended from time to time by DraftKings in its sole and absolute discretion, for any reason or no reason, shall continue to apply to the Eligible NFTs, and the Marketplace Terms are hereby incorporated into these Transfer Terms by reference. To the extent that any provision of these Transfer Terms conflicts with any provision in the Marketplace Terms, the provision contained in these Transfer Terms shall apply, and the provision contained in these Transfer Terms shall be deemed to supersede the conflicting provision contained in the Marketplace Terms, unless otherwise stated herein. Other than a provision in these Transfer Terms that explicitly conflicts with a provision in the Marketplace Terms, in no way shall these Transfer Terms be deemed to replace or nullify any provision contained in the Marketplace Terms. These Transfer Terms are intended to be a supplement to the Marketplace Terms and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Marketplace Terms. Unless otherwise expressly defined in these Transfer Terms, all capitalized terms used in these Transfer Terms shall have the meanings given to them in the Marketplace Terms. For clarity, all NFTs you purchased through the DraftKings Marketplace, including, without limitation, the Eligible NFTs and/or any NFTs you have previously transferred from the DraftKings Marketplace, remain subject to the Marketplace Terms.

ACCEPTANCE

As set forth in the Marketplace Terms, you agreed that DraftKings may provide additional terms and conditions that govern your transfer of any NFTs from the DraftKings Marketplace. You agree to these Transfer Terms by: (i) clicking “Reveal Wallet Credentials”; (ii) accessing or using your Custodial Wallet; (iii) transferring any Eligible NFTs from your Custodial Wallet; or (iv) by clicking “accept”, “agree”, “continue” or a similar selection (when the option to make such selection is made available to you in connection with claiming your Custodial Wallet).

In the event you continue to use or access your Custodial Wallet after we change these Transfer Terms, you accept all changes. These Transfer Terms constitute a legal agreement between you and DraftKings and shall apply to your use of your Custodial Wallet and Eligible NFTs even after closure of your Custodial Wallet, transfer of all your Eligible NFTs from your Custodial Wallet, or closure of your DraftKings Account.

IN THE EVENT YOU DO NOT AGREE TO BE BOUND BY THESE TRANSFER TERMS, DO NOT CLICK “REVEAL WALLET CREDENTIALS”, ACCESS OR USE YOUR CUSTODIAL WALLET, OR TRANSFER ANY NFTS FROM YOUR CUSTODIAL WALLET.

In the event you do not agree to be bound to these Transfer Terms or you prefer that DraftKings sends your Eligible NFTs to you from your Custodial Wallet, please contact DraftKings at support@draftkings.com with “Transfer NFTs” in the subject line.  It is required that you write “Transfer NFTs” in the subject line of your email, as failure to do so may result in delays and/or DraftKings not being able to transfer your NFTs to you. In the event you choose this option, DraftKings will contact you for more information.  Moreover, in the event you choose this option, it may take several months (if not longer) for you to receive your NFTs from your Custodial Wallet, and DraftKings makes no representations or warranties related to the timeliness or delivery of your NFTs from your Custodial Wallet.

YOUR CUSTODIAL WALLET

THIRD-PARTY WALLETS AND THE TRANSFER OF ELIGIBLE NFTS FROM YOUR CUSTODIAL WALLET RELIES ON BLOCKCHAIN TECHNOLOGIES. BY TRANSFERRING YOUR ELIGIBLE NFTS FROM YOUR CUSTODIAL WALLET YOU ACKNOWLEDGE AND ACCEPT ALL RISKS ASSOCIATED WITH BLOCKCHAIN TECHNOLOGIES AND ANY THIRD-PARTY WALLETS. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH BLOCKCHAIN TECHNOLOGIES AND THE TRANSFER OF NFTS USING BLOCKCHAIN TECHNOLOGIES. YOU ACKNOWLEDGE AND AGREE THAT DRAFTKINGS DOES NOT CONTROL THE BLOCKCHAIN PROTOCOL OR NETWORK THE ELIGIBLE NFTS ARE TRANSFERRED ON OR ANY THIRD-PARTY WALLETS ELIGIBLE NFTS ARE TRANSFERRED TO. YOU ADDITIONALLY ACKNOWLEDGE AND AGREE THAT DRAFTKINGS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY OTHER THIRD-PARTY SERVICES RELATED TO YOUR ELIGIBLE NFTS OR THIRD-PARTY WALLET ONCE YOU TRANSFER YOUR ELIGIBLE NFTS FROM YOUR CUSTODIAL WALLET. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS RELATED TO YOUR CUSTODIAL WALLET AND ELIGIBLE NFTS, INCLUDING, WITHOUT LIMITATION, TRANSFER OF THE ELIGIBLE NFTS FROM YOUR CUSTODIAL WALLET, THAT OCCUR IN OR ARE RELATED TO YOUR CUSTODIAL WALLET.

Your Custodial Wallet is being provided to you for the sole purpose of allowing you to transfer your Eligible NFTs from your Custodial Wallet to a wallet you have created through a third-party wallet application of your choice. You understand and acknowledge that transferring all your Eligible NFTs out of your Custodial Wallet and into a wallet that you have created through a third-party wallet application and have sole access to, gives you exclusive control over your Eligible NFTs. By clicking the “Reveal Wallet Credentials” button, you agree to assume all risks associated with use of your Custodial Wallet.

ONCE YOU CLICK “REVEAL WALLET CREDENTIALS” YOU AGREE TO IMMEDIATELY RECORD AND SECURELY STORE AND MAINTAIN THE WALLET ADDRESS AND PRIVATE KEY FOR YOUR CUSTODIAL WALLET.

YOU AGREE THAT THIRTY (30) DAYS (MEASURED AS 720 HOURS) AFTER YOU FIRST CLICK “REVEAL WALLET CREDENTIALS” DRAFTKINGS WILL DELETE THE WALLET ADDRESS AND PRIVATE KEY FOR YOUR CUSTODIAL WALLET AND YOU WILL NOT BE ABLE TO ACCESS OR RECOVER YOUR WALLET ADDRESS AND PRIVATE KEY THROUGH DRAFTKINGS. After DraftKings deletes the wallet address and private key for your Custodial Wallet, DraftKings will have no ability to help you recover, access, or reset the wallet address and/or private key for your Custodial Wallet. Without the wallet address and private key for your Custodial Wallet, you will be unable to access any Eligible NFTs in your Custodial Wallet. For the avoidance of doubt, failure to accurately record your wallet address and private key within thirty (30) days (measured as 720 hours) after you click “Reveal Wallet Credentials,” will result in you being unable to access and/or transfer Eligible NFTs forever.

You are solely responsible for properly recording and securely maintaining the wallet address and private key information for your Custodial Wallet, and failure to properly record and securely maintain your wallet address and private key information associated with your Custodial Wallet will result in loss of any Eligible NFTs in your Custodial Wallet. You acknowledge and agree that DraftKings cannot create a new wallet address and/or private key for your Custodial Wallet, and after thirty (30) days (measured as 720 hours) from when you first click “Reveal Wallet Credentials” DraftKings will no longer store or have any access to your wallet address and private key for your Custodial Wallet.

DraftKings, its parents, subsidiaries, affiliates; the directors, officers, employees, agents, or other representatives of each of them; and the successors or assigns of any of the foregoing (the “Company Entities and Individuals”) shall not be responsible for your failure to securely store and maintain the wallet address and private key associated with your Custodial Wallet and shall not be responsible for any loss, intrusion, inability to access, theft, or unauthorized access or transactions associated with your Custodial Wallet as a result of or arising from your failure to securely store and maintain the wallet address and private key associated with your Custodial Wallet.

You represent and warrant that you will not move or attempt to move anything into your Custodial Wallet, including without limitation, any NFTs, or use or attempt to use your Custodial Wallet for any purpose other than to transfer your Eligible NFTs into a wallet that you have created through a third-party wallet application of your choice.  The Company Entities and Individuals shall not be responsible for any use of your Custodial Wallet in connection with any asset you import or transfer into your Custodial Wallet.

THIRD PARTY WALLETS

Once you click “Reveal Wallet Credentials” you must promptly transfer all your Eligible NFTs from your Custodial Wallet to a wallet you have created through a third-party wallet application of your choice (a “Third-Party Wallet”). You understand and acknowledge that not all Third-Party Wallets will support or accept the transfer of the Eligible NFTs into the Third-Party Wallet and you accept all risks associated with selecting and using a Third-Party Wallet. Before you select a Third-Party Wallet to which you will transfer the Eligible NFTs, you agree to confirm that the Third-Party Digital Wallet you select supports the Eligible NFTs. Transferring or attempting to transfer Eligible NFTs to a Third-Party Wallet that does not support or accept the Eligible NFTs could result in permanent loss of your Eligible NFTs.

DraftKings makes no recommendations, endorsements, guidance, warranties, or guarantees related to any Third-Party Wallets. Any Third-Party Wallet mentioned by DraftKings in these Transfer Terms or in any documentation and/or support DraftKings provides to you in regard to claiming your Eligible NFTs is for illustrative purposes only. DraftKings does not operate or maintain Third-Party Wallets, is not affiliated with any Third-Party Wallets, and does not have control or custody over Third-Party Wallets. For clarity, DraftKings has no ability to retrieve or transfer an Eligible NFT that is within a Third-Party Wallet, and DraftKings does not have access to any wallet addresses, private keys, or other passwords or recovery phrases associated with a Third-Party Wallet. Any Third-Party Wallet may be subject to additional terms and conditions and/or fees and charges imposed by the provider of the Third-Party Wallet.

Your selection and use of any Third-Party Wallet is at your own risk. Additionally, DraftKings does not control, and is not responsible for any frequently asked questions, descriptions, how to guides, or other documentation provided by or associated with the Third-Party Wallet provider, including, without limitation, any instructions on how to transfer NFTs and/or other items to the Third-Party Wallet. DraftKings makes no representations or warranties, express or implied, related to the accuracy or completeness of such frequently asked questions, descriptions, how to guides, or other documentation provided by or associated with the Third-Party Wallet provider. You represent and warrant that you have the requisite skill and experience to properly select and use a Third-Party Wallet to receive transfer of your Eligible NFTs.

TRANSFERRING ELIGIBLE NFTS

For instructions on how to transfer Eligible NFTs from your Custodial Wallet to a Third-Party Wallet you have created, please see https://help.draftkings.com/hc/en-us/articles/36073262821395. Such instructions provided by DraftKings are for illustrative purposes only and are provided “AS IS” with no recommendations, endorsements, guidance, warranties, or guarantees. DraftKings is providing you instructions on how to transfer Eligible NFTs subject to the terms, conditions, and obligations set forth herein including, without limitation, the Disclaimer of Warranties Section set forth herein.

The transfer of Eligible NFTs from your Custodial Wallet may be subject to additional terms and conditions and/or fees and charges, including but not limited to, those imposed by the provider of the Third-Party Wallet you are transferring the Eligible NFTs to. For clarity, these Transfer Terms continue to apply to your Eligible NFTs even after you transfer your Eligible NFTs from your Custodial Wallet.

You are solely responsible for any fees and charges related to the transfer of your Eligible NFTs from your Custodial Wallet, including, without limitation, any “gas” or other blockchain transaction fees.

Any transfer of Eligible NFTs from your Custodial Wallet is initiated and executed solely by you, and you are solely responsible for all aspects of initiating and executing any transfers of Eligible NFTs from your Custodial Wallet, including, without limitation, ensuring that the applicable Third-Party Wallet supports the Eligible NFT and all transaction information for the transfer, including, without limitation, wallet addresses, is correct.

Each time you initiate a transfer of Eligible NFTs from your Custodial Wallet you agree to verify all transaction information, including, without limitation, wallet addresses and private keys, prior to submitting the transfer. INCORRECT TRANSACTION INFORMATION, INCLUDING, WITHOUT LIMITATION, WALLET ADDRESSES, MAY RESULT IN PERMANENT LOSS OF ELIGIBLE NFTS. Once an Eligible NFT has been transferred out of your Custodial Wallet, DraftKings has no ability to recover the Eligible NFT or reverse the transfer.

In the event you click “Reveal Wallet Credentials,” DraftKings has no involvement in the transfer of Eligible NFTs from your Custodial Wallet. For the avoidance of doubt, DraftKings does not initiate, verify, facilitate, or complete such transfer of Eligible NFTs from your Custodial Wallet. Additionally, DraftKings does not control the blockchain network on which the Eligible NFTs are transferred and recorded. By transferring the Eligible NFTs from your Custodial Wallet, you represent and warrant that you have the requisite skill and experience to properly to complete the transfer of the Eligible NFTs from your Custodial Wallet.

The Company Entities and Individuals (as defined in the Your Custodial Wallet Section of these Transfer Terms) shall not be liable or responsible in the event you enter incorrect transaction information related to the transfer of any Eligible NFTs from your Custodial Wallet. DraftKings makes no representations or warranties that a transfer of Eligible NFTs from your Custodial Wallet will be confirmed or successfully recorded by the relevant blockchain network and/or will be completed in any given timeframe or at any given cost or expense.

You represent and warrant that you will comply with all applicable laws, rules, and regulations related to your use of your Custodial Wallet, your use of any Third-Party Wallet, or your transfer of Eligible NFTs, including without limitation all applicable laws, rules, and regulations related to anti-money laundering, anti-terrorism financing, and economic and trade sanctions.

DORMANT WALLETS

In the event you do not claim your Custodial Wallet within a reasonable period of time as determined by applicable law, DraftKings may deem your Custodial Wallet as dormant or inactive. Any remaining Eligible NFTs held in a dormant or inactive Custodial Wallet will be treated, in each case, in accordance with applicable state unclaimed property laws and regulations.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, DraftKings may, without prior notice, immediately cease providing you with a Custodial Wallet and/or revoke any or all of your rights granted hereunder, in its sole and absolute discretion, for any reason or no reason. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Transfer Terms, which by their nature, should continue to apply after you have claimed your Custodial Wallet and/or transferred your Eligible NFTs from your Custodial Wallet, including, without limitation, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply to your Custodial Wallet and/or Eligible NFTs.

DISCLAIMER OF WARRANTIES

THE CUSTODIAL WALLETS AND ALL DOCUMENTATION, DIRECTIONS, FUNCTIONALITY, AND SERVICES ASSOCIATED THEREWITH, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW THE COMPANY ENTITIES AND INDIVIDUALS (AS DEFINED IN THE YOUR CUSTODIAL WALLET SECTION OF THESE TRANSFER TERMS ) MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR TITLE, ABOUT: (A) THE CUSTODIAL WALLETS; (B) THE TRANSFER OF ANY NFTS FROM YOUR CUSTODIAL WALLET; (C) ANY THIRD-PARTY WALLET OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY A THIRD PARTY; (D) YOUR RECORDING, STORAGE, OR SECURITY OF THE WALLET ADDRESS AND PRIVATE KEY FOR YOUR CUSTODIAL WALLET OR ANY OTHER THIRD-PARTY WALLET; (E) ANYTHING YOU TRANSFER INTO YOUR CUSTODIAL WALLET, INCLUDING, WITHOUT LIMITATION, NFTS (WHICH, FOR CLARITY, IS PROHIBITED CONDUCT IN BREACH OF THESE TRANSFER TERMS); AND (F) SECURITY ASSOCIATED WITH THE HOLDING OF NFTS IN A THIRD-PARTY WALLET. THE COMPANY ENTITIES AND INDIVIDUALS DO NOT WARRANT THAT THE CUSTODIAL WALLETS, ANY FUNCTIONS OR ANY CONTENT ASSOCIATED WITH THE CUSTODIAL WALLETS, ANY THIRD-PARTY DIGITAL WALLET, OR ANY BLOCKCHAIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR WILL BE MADE AVAILABLE AT ANY GIVEN TIME.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTITIES AND INDIVIDUALS HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, AND HAVE NO CONTROL WHATSOEVER OVER, (A) ANY THIRD-PARTY WALLET OR THE TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET, INCLUDING, WITHOUT LIMITATION (I) ANY ERRORS ARISING OUT OF OR RELATED TO ANY THIRD-PARTY WALLET OR THE TRANSFER OF AN NFT TO A THIRD-PARTY WALLET, (II) THE OPERATION, AVAILABILITY, OR SECURITY OF ANY THIRD-PARTY WALLET, AND/OR (III) THE CUSTODY AND SECURITY OF ANY NFT IN ANY THIRD-PARTY WALLET; (B) ANY NFT TRANSFERRED FROM YOUR CUSTODIAL WALLET; AND/OR (C) THE OPERATION, FUNCTIONALITY, OR SECURITY OF THE BLOCKCHAIN NETWORK ON WHICH THE TRANSFER OF THE NFT IS RECORDED AND SECURED. YOU ACKNOWLEDGE AND AGREE THAT YOU SOLELY BEAR ALL RISKS ASSOCIATED WITH THE TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET AND/OR ANY NFT HELD IN A THIRD-PARTY WALLET, INCLUDING WITHOUT LIMITATION (D) SECURITY RISKS; (E) RISKS ASSOCIATED WITH ANY TRANSFERS OF AN NFT FROM YOUR CUSTODIAL WALLET; AND/OR (F) RISKS THAT ANY NFT HELD IN YOUR CUSTODIAL WALLET OR A THIRD-PARTY WALLET OR THAT ARE TRANSFERRED FROM YOUR CUSTODIAL WALLET (IV) MAY BE STOLEN, LOST, DESTROYED, AND/OR RENDERED UNUSABLE, (V) MAY LOSE FUNCTIONALITY, (VI) MAY NOT BE TRANSFERRABLE TO ANY OTHER THIRD-PARTY WALLET OR ACCOUNT AND/OR (VII) MAY NOT BE SALEABLE.

THE COMPANY ENTITIES AND INDIVIDUALS DO NOT REPRESENT OR WARRANT THAT YOUR USE OF YOUR CUSTODIAL WALLET, THE TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET, OR YOUR USE OF ANY THIRD-PARTY WALLET IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY ENTITIES AND INDIVIDUALS SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND AND AGREE THAT BY CLAIMING YOUR CUSTODIAL WALLET, TRANSFERRING A NFT FROM YOUR CUSTODIAL WALLET, OR USING A THIRD-PARTY DIGITAL WALLET, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CUSTODIAL WALLET AND/OR AN NFT.

THE COMPANY ENTITIES AND INDIVIDUALS SHALL NOT BE LIABLE FOR YOUR USE OF YOUR CUSTODIAL WALLET, YOUR TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET, OR YOUR USE OF ANY THIRD-PARTY WALLET. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TRANSFER TERMS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY ENTITIES AND INDIVIDUALS (AS DEFINED IN THE  YOUR CUSTODIAL WALLET SECTION OF THESE TRANSFER TERMS) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT DIRECTLY OR INDIRECTLY ARISES OUT OF OR RELATES TO (1) YOUR CUSTODIAL WALLET; (2) THE TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET; (3) ANY THIRD-PARTY WALLET; (4) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF YOUR CUSTODIAL WALLET OR THIRD-PARTY WALLET; (5) THE INABILITY TO TRANSFER OR THE PERFORMANCE OF ANY TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET; (6) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DRAFTKINGS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF YOUR CUSTODIAL WALLET OR THIRD-PARTY WALLET OR THE TRANSFER OF ANY NFT FROM YOUR CUSTODIAL WALLET; (7) ANY ERRORS OR OMISSIONS IN THE OPERATION OF YOUR CUSTODIAL WALLET, THE BLOCKCHAIN NETWORK ON WHICH THE TRANSFER OF THE NFT IS RECORDED, OR ANY THIRD-PARTY WALLET; (8) ANY THIRD-PARTY WALLET, INCLUDING WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR PERFORMANCE OR SECURITY OF ANY THIRD-PARTY WALLET OR ANY TRANSFERS TO OR FROM ANY THIRD-PARTY WALLET; (9) ANY NFT HELD IN, TRANSFERRED TO, OR TRANSFERRED FROM ANY THIRD-PARTY WALLET; (10) YOUR FAILURE TO PROPERLY RECORD AND SECURELY MAINTAIN YOUR WALLET ADDRESS AND PRIVATE KEY INFORMATION ASSOCIATED WITH YOUR CUSTODIAL WALLET; AND/OR (11) ANY PURCHASE, SALE, TRANSFER, OR CUSTODY OF ANY NFT IN A THIRD-PARTY WALLET. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY EVEN IN THE EVENT SUCH LOSS OR DAMAGE IS FORESEEABLE OR EVEN IN THE EVENT THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF YOUR CUSTODIAL WALLET). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. TO THE EXTENT THE COMPANY ENTITIES AND INDIVIDUALS' LIABILITY IS NOT ALREADY EXCLUDED PURSUANT TO THIS SECTION “LIMITATION OF LIABILITY”, IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOU RECOGNIZE AND CONFIRM THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OR RELATE TO DRAFTKINGS' ACTS OR OMISSIONS, THE DAMAGES, IN THE EVENT THERE ARE ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY DRAFTKINGS AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY DRAFTKINGS WEBSITE OR OTHER PROPERTY OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY CLICKING “REVEAL WALLET CREDENTIALS” AND/OR TRANSFERRING ANY NFT(S) FROM YOUR CUSTODIAL WALLET, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INFORMATION RELATED TO YOUR CUSTODIAL WALLET AND/OR THE TRANSFER OF NFTS TO A THIRD-PARTY WALLET MAY CONTAIN LINKS TO THIRD PARTY WEBSITES OR APPLICATIONS THAT ARE NOT OWNED OR CONTROLLED BY DRAFTKINGS. DRAFTKINGS HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR APPLICATION, INCLUDING, WITHOUT LIMITATION ANY WEBSITE OR APPLICATION ASSOCIATED WITH A THIRD-PARTY WALLET. IN ADDITION, DRAFTKINGS WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. YOU EXPRESSLY RELIEVE THE COMPANY ENTITIES AND INDIVIDUALS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR APPLICATION.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE COMPANY ENTITIES AND INDIVIDUALS (AS DEFINED IN THE YOUR CUSTODIAL WALLET SECTION OF THESE TRANSFER TERMS) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES, LOSSES, DAMAGES, INJURIES, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, COURT COSTS, AND OTHER LEGAL EXPENSES, INCLUDING, WITHOUT LIMITATION, THOSE COSTS INCURRED AT THE TRIAL AND APPELLATE LEVELS AND IN ANY BANKRUPTCY, REORGANIZATION, INSOLVENCY, OR OTHER SIMILAR PROCEEDINGS, AND ANY OTHER LEGAL EXPENSES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, RELATED TO OR IN CONNECTION WITH (A) YOUR BREACH OR ANTICIPATED BREACH OF THESE TRANSFER TERMS; (B) YOUR USE OF YOUR CUSTODIAL WALLET OR A THIRD-PARTY WALLET; (C) ANY TRANSFER OF NFTS FROM YOUR CUSTODIAL WALLET; (D) ANY PAYMENT METHODS USED IN CONNECTION WITH A THIRD-PARTY WALLET OR TRANSFER OF NFTS FROM YOUR CUSTODIAL WALLET; AND/OR (E) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

DRAFTKINGS SHALL HAVE THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY CLAIMS. IN THE EVENT DRAFTKINGS ASSUMES SUCH DEFENSE, (A) SUCH DEFENSE SHALL BE CONDUCTED BY COUNSEL SELECTED BY DRAFTKINGS; (B) DRAFTKINGS SHALL HAVE THE RIGHT TO CONTROL SAID DEFENSE; AND (C) YOU SHALL HAVE THE RIGHT, WITHOUT THE CONSENT OF DRAFTKINGS, TO SETTLE SUCH CLAIM, BUT ONLY IN THE EVENT SUCH SETTLEMENT INVOLVES ONLY THE PAYMENT OF MONEY, YOU PAY ALL AMOUNTS DUE IN CONNECTION WITH OR BY REASON OF SUCH SETTLEMENT AND, AS PART THEREOF, DRAFTKINGS IS UNCONDITIONALLY AND FULLY RELEASED FROM ALL LIABILITY IN RESPECT OF SUCH CLAIM. YOU SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM AT YOUR OWN EXPENSE, BUT DRAFTKINGS SHALL HAVE THE RIGHT TO CONTROL SUCH DEFENSE. YOU WILL NOT MAKE ANY ADMISSIONS OF LIABILITY RELATED TO A CLAIM WITHOUT THE WRITTEN CONSENT OF DRAFTKINGS, AND YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO DRAFTKINGS RELATED TO DRAFTKINGS DEFENSE OF A CLAIM.

MISCELLANEOUS

Nothing in these Transfer Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.

Nothing in these Transfer Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and DraftKings.

In the event that any provision or portion of these Transfer Terms shall be determined to be invalid or unenforceable for any reason, such provision or portion shall be enforced to the maximum extent permitted under the law and the remaining provisions or portions of these Transfer Terms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law; provided, however, that in the event any court or tribunal were to find that the waiver or release of claims provision in these Transfer Terms is unlawful or unenforceable, or was not entered into knowingly and voluntarily, you and DraftKings agree to execute a new waiver and release that is lawful and enforceable, and which is consistent with the scope and intent of the waivers and releases contained in these Transfer Terms. In the event any provision of these Transfer Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Transfer Terms, which shall remain in full force and effect.

No waiver of any term of these Transfer Terms shall be deemed a further or continuing waiver of such term or any other term, and DraftKings' failure to assert any right or provision under these Transfer Terms shall not constitute a waiver of such right or provision.References to a section are references to a section of these Transfer Terms, unless otherwise stated. Section headings in these Transfer Terms are for convenience only. The word “including” (and variations thereof) is not intended to be limiting. Unless the context requires a contrary construction, the singular includes the plural, the plural includes the singular, and the word “or” shall be inclusive and not exclusive.