IMPORTANT LEGAL NOTICE REGARDING PROMOTION RULES OF DRAFTKINGS, INC.

IMPORTANT! PLEASE CAREFULLY READ THESE PROMOTION RULES (hereinafter, "Promotion Rules") BEFORE ENTERING THE DEVOUR MULTI-SPORT MADNESS DFS CONTEST SERIES PROMOTION AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

PROMOTION DESCRIPTION

DraftKings is pleased to announce an exciting new promotion, DEVOUR Multi-Sport Madness DFS Contest Series (the "Promotion"), exclusively for DraftKings Players. Each week during the Promotion, DraftKings Players shall have the opportunity to play a DFS contest in an attempt to earn the highest DFS score.  The DraftKings Player with the highest aggregate score at the end of the Promotion shall be deemed the “Winner”.  

The Promotion is a five-contest, free to enter program. Each contest during the Promotion shall offer cash prizes to those DraftKings Players who finish in a high enough position.  Prize details canbe found here www.draftkings.com/contests/devourmultisportmadness.  All applicable prizes will be sent via email the day after the featured contest ended, unless otherwise noted.  The Promotion shall commence on Monday, June 3^rd, 2019 and shall end on Saturday July 27^th.  

The Promotion contests shall be outlined as follows:

• NHL Finals: Monday, 6/3
• NBA Finals: Friday, 6/7
• PGA Major: Thursday 6/13 – Sunday 6/16
• MLB All Star Game: Tuesday 7/9
• MMA: Saturday, 7/27

To be eligible, you must enter the free Promotion contests before each respective Promotion contest locks – more information is available at www.draftkings.com/contests/devourmultisportmadness. The DraftKings Player who scores the highest aggregate fantasy points across all Promotion contests shall be deemed the Winner. DraftKings Players who do not enter all 5 of the Promotion contests shall not be disqualified from winning the Promotion, but shall receive zero points for individual Promotion contests not enters.  If any individual Promotion contest is cancelled, DraftKings may elect to strike that contest from the promotion and continue to run the Promotion with 4 contests.  

The Winner of the promotion shall win the “Grand Prize,” which shall consist of:

• VIP trip to the MMA “243” fight on Saturday, 10/5/19 (location TBD), which includes:
  • 2 VIP MMA “243” tickets ringside with octagon girls
  • 10 minute backstage meet and greet with a MMA fighter
    • (Approx MSRP: $1,800)
• Flights and hotel for 2 people
  • (Approx MSRP: $2,500)
• “Year of free pizza”
  • Shall consist of two (2) coupons per week for a frozen Devour brand pizza, redeemable anywhere the product is sold.         104 coupons total based on a $6.99 per frozen pizza price point. (Approx MSRP: $726.96). 

If you have any questions, please contact support@draftkings.com.

TIEBREAKERS

If a tie still exists following the last Promotion contest on 7/27, the Winner will be the DraftKings Player with the higher single-player fantasy points result for the PGA Major Promotion contest. For example, if DraftKings Player A and DraftKings Player B tied in the daily game, and Player A's highest fantasy point scoring player was Jordan Speith with 160 fantasy points, and Player B's highest fantasy point scoring player was Rickie Fowler with 134 fantasy points, then Player A would be judged the winner. In the event that both teams have the same highest fantasy point scoring player, the same process will proceed down to the next highest fantasy point scoring player in each roster. In the event of two or more identical rosters, a tiebreaker contest shall be held on the DraftKings website between the first place lineups at a later date and in DraftKings’ sole discretion.  The winner of said tiebreaker contest shall then be deemed the winner.

MAXIMUM NUMBER OF ENTRIES

Once a player has accumulated one (1) entry to the Promotion they are no longer allowed to add entries in Contest.  

FIRST DEGREE RELATIVES

First degree relatives living in the same household are subject to the same max entry cap for the Contest. For example, a husband and wife with separate usernames can only have one (1) combined entries to the Contest.

RULES OF PLAY

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

ELIGIBILITY

Players must be United States residents aged 18 (19+ in Nebraska and Alabama and 21+ in Massachusetts) years of age or older.

CONDITIONS ON CLAIMING PRIZE

Where legal, the winners 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 Contest in a form reasonably directed by the organizers of the  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 Contest;

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

Execute other documents as DraftKings may reasonably request; 

Pay all taxes, title, registration fees, and like amounts in connection with the prizes; and

At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the winner into disrepute, or harm the finalist or winner's name or reputation.

(hereinafter, collectively, the "Requirements").

In the event a winner of a Prize is not able to meet the Requirements for claiming the Prize, such Winner, 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 Winner, finalist or winner, as applicable.  The winners of both the Prize and the Grand Prize, as applicable, must be able to fulfill the Requirements. A Contest winner's failure to fulfill the Requirements 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 Contest.

By participating in this Contest or accepting the Prize, entrants further acknowledge and agree to the following Prize restrictions:

HOTEL ACCOMMODATIONS: Once hotel accommodations have been confirmed, no changes will be allowed except by DraftKings or its designees. Hotel accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement between of the hotel designated by DraftKings. All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges, room services, minibar, incidentals, entertainment, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner and his/her travel companion.

AIRFARE: The winner of the prize shall be responsible for coordinating and booking his/her own transportation, transfers, and similar. DraftKings shall have no responsibility or liability for winner’s transportation, transfers, and similar except for providing the credit outlined above. The winner and his/her guest will be responsible for all airfare costs and fees in excess of the credit.

INCIDENTAL EXPENSES: All other expenses and incidental travel costs not expressly stated in the FNC Contest Rules, including but not limited to, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Prize winner and his/her travel companion. The Prize winner and his/her travel companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that DraftKings has not and will not obtain or provide travel insurance or any other form of insurance.

CONDUCT: The Prize winner and his/her travel companion must follow all instructions of DraftKings or its designees relative to the Prize and any element thereof, in addition to the Requirements. In the event the Prize winner or his/her travel companion engages in behavior that, as determined by DraftKings in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, DraftKings reserves the right to terminate the Prize or other applicable experience early, in whole or in part, and send the Prize winner and his/her travel companion home with no further compensation. In such event, the Prize winner may also be required to reimburse the DraftKings for the ARV of the Prize.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the 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 these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Terms of Use shall these Contest rules to be deemed to replace or nullify any provision contained in the Terms of Use.

EFFECT OF CONTEST RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website shall apply to the Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. To the extent the any provision of these Contest Rules conflicts with any provision in the Privacy Policy, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

LIMITATION OF LIABILITY

The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Contest and your travel to and from, and attendance at the Contest, and by entering the Contest you agree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of use, by the provisions thereof.

MARKETING DISCLAIMER

By entering the Contest, each players agrees to receive communications from DraftKings, subject to opting out when Entrant so desires. Entrant’s information will not be shared or sold to any outside party.

CONSENT OF USE

Each player who enters the Contest 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 Entrant 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 Entrant further assigns any and all rights he or she may have over his or her Entry to the Sponsor 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 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., 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 Contest, or may cancel the Contest altogether.

DraftKings reserves the right to alter these rules and event at any time in DraftKings' sole discretion upon reasonable notice to you; provided however that any change in the Prize shall be made prior to the beginning of the Contest.

By participating in the Contest, the player agrees to be bound by the terms of these Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.