(Last Updated 2/2/2023)

1. IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DRAFTKINGS

1.1. IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE DRAFTKINGS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1.2. We would like to draw your attention specifically to the following sections of these Terms of Use, which are of particular importance:

Section 4 - Your Account;

Section 11 - Use of the Website and Conditions of Participation;

Section 15 - Payment and Withdrawal of Prizes;

Section 16 - Termination and Effect of Termination;

Section 18 - Limitation of Liability; and

Section 21 - Miscellaneous.

2. CONTRACTING PARTIES

2.1. DK Crown Holdings Inc. is a company incorporated in Delaware in the United States of America, with registration number 1122902, and having its registered address at 222 Berkeley Street, 5th Floor, Boston, Massachusetts, 02116, United States of America ("DraftKings").

2.2. The fantasy sports contests of skill that DraftKings offers constitute pool betting for the purposes of the laws of Great Britain and, accordingly, in order to offer its services to players located in Great Britain, DraftKings is licensed and regulated by the Gambling Commission of Great Britain and holds a Remote Pool Betting Operating Licence - Number 000-042475-R-321959-007.

2.3. References in these Terms of Use to "us", "our," or "we" are references to DraftKings.

3. USER AGREEMENT

3.1. DraftKings owns and operates the website that links to these Terms of Use https://www.draftkings.co.uk ("Website").

3.2. We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Website, subject to:

3.2.1.these Terms of Use (the "Terms of Use");

3.2.2.our privacy policy https://www.draftkings.co.uk/help/privacy/uk (the "Privacy Policy");

3.2.3.the official rules and regulations for the applicable contests and promotions https://www.draftkings.co.uk/help/rules/overview (the "Rules" or "Rules and Scoring"), and

3.2.4.the specific terms and conditions applicable to individual bonuses, promotions, and special offers available as posted on the Website from time to time (the "Specific Promotion Terms and Conditions").

The Terms of Use, Privacy Policy, the Rules or Rules and Scoring and the Specific Promotion Terms and Conditions are together referred to as the "Terms and Conditions".

3.3. In the event there is any conflict or inconsistency between the Terms of Use, the Rules and Scoring, and/or the Specific Promotion Terms and Conditions, the order of priority in which they shall apply will be: the Specific Promotion Terms and Conditions, the Rules and Scoring, and these Terms of Use.

3.4. The Terms and Conditions shall also apply to the use of the DraftKings mobile application. Any reference in the Terms and Condition to the "Website" shall also be deemed to include the DraftKings mobile application.

3.5. These Terms of Use are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ ) for the DraftKings mobile application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply, and the conflicting provision in the End User License Agreement shall not be applicable.

3.6. You agree to the Terms and Conditions by accessing or using the Website, DraftKings mobile application or Services, by opening an account with us (an "Account"), or by accepting, uploading, submitting, or downloading any information or content from or to the Website. IN THE EVENT YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE, the DraftKings mobile application, or the Services. The Terms and Conditions constitute a legal agreement between you and DraftKings and shall apply to your use of the Website, DraftKings mobile application and the Services even after termination of your Account.

3.7. DraftKings reserves the right to amend the Terms and Conditions in the future. We will notify you of material changes to these Terms of Use prior to them taking effect. Where we make changes to the Terms and Conditions which we wish to notify you of, we will do so either by sending an e-mail to the e-mail address registered to your Account and/or through a pop-up message on our Website or DraftKings mobile application. Your continued use of the Website, the DraftKings mobile application and/or the Services will be deemed acceptance by you of the changes we have made.

4. YOUR ACCOUNT

4.1. You may register for an Account through our Website and the DraftKings mobile application.

4.2. You must be at least eighteen (18) years of age to open an Account, participate in contests, or win prizes offered by the Website. It is an offence for any person in Great Britain who is under the age of eighteen (18) to participate in the fantasy sports contests offered on the Website or DraftKings mobile application. By opening an Account and/or by using the Website or DraftKings mobile application you represent and warrant that you:

4.2.1.are at least eighteen (18) years of age;

4.2.2.are not restricted in your legal capacity and are legally capable of entering into binding contracts;

4.2.3.are not subject to a guardianship;

4.2.4.have opened the Account for your own personal use and will not use it for commercial purposes;

4.2.5.have not self-excluded from gambling, and neither we nor any other gambling operator has excluded you from gambling;

4.2.6.are physically present in Great Britain each time you enter a contest on the Website or DraftKings mobile application or otherwise use the Services;

4.2.7.are not prohibited from using the Website, DraftKings mobile application and/or Services by any term of your contract of employment or any rule of a sports governing body that applies to you; and

4.2.8.will not deposit or use funds derived from any unlawful or criminal activity.

4.3. You may establish only one (1) Account per person to participate in the Services offered on the Website or DraftKings mobile application. In the event DraftKings discovers that you have opened more than one (1) Account, in addition to any other rights that DraftKings may have, DraftKings will suspend or terminate any or all of your Accounts and terminate, withhold, or revoke the awarding of any prizes.

4.4. You are responsible for maintaining the confidentiality of your login names and passwords, and you accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of these Terms of Use to allow any other person to use your Account to participate in any contest. In the event you have reason to believe that someone is using your Account without your permission, you should contact us immediately. DraftKings shall not be liable for any damages that you may suffer as a result of unauthorised or improper use of your registration data (including your username, password, or other credentials), which arises from your failure to maintain the confidentiality of your username, password, or other credentials. In the event another person accesses your Account in circumstances where you have provided them with your login information or failed to maintain the confidentiality of your login information, you are responsible for all their actions, whether or not their access was authorised by you, and you hereby indemnify us and hold us harmless against all costs, claims, expenses, and damages arising in connection with the use of or access to your Account by any third party in such circumstances.

4.5. You agree to provide accurate information when registering for an Account and whilst using our Services, including your age, residential address, and e-mail address, and to keep this information up to date. In the event we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

4.6. "Authorized Account Holder" is defined as the natural person eighteen (18) years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address submitted for registration on the Website. By inputting a payment method to make any deposit(s) on the Website, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to make a deposit on the Website or DraftKings mobile application or submit payment using any payment method that is not owned by the Authorized Account Holder.

4.7. We may place restrictions on your Account (which may include deposit restrictions) in order to comply with our legal and regulatory obligations. These restrictions may affect your use of your Account, and we shall not be responsible in the event any restrictions affect your ability to enter a contest, complete the requirements of any promotion, and/or to win any prizes.

4.8. In the event any deposit is charged-back, then any winnings generated from DraftKings contests shall be invalidated, forfeited, and deducted from your Account balance. DraftKings shall be entitled to close your Account - without notice - in the event that a deposit is charged back.

4.9. Employees of DraftKings and/or its affiliates ("Employees") and such Employees' Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the Employee who resides at an Employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: DraftKings-sponsored Private Contest, Private Contests for cash, and Private Contests for prizes other than cash. A "Private Contest" is one that is not listed in the Website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating.

5. CUSTOMER FUNDS

5.1 We are required by the terms of our British gambling licence to inform you about how we hold the funds that you deposit with us for the purposes of using the Services and the extent to which such funds are protected in the event of insolvency - see https://www.gamblingcommission.gov.uk/public-and-players/guide/what-happens-to-your-money-if-a-gambling-business-goes-bust .

5.1. DraftKings holds customer funds in one or more segregated accounts, which are separate from those accounts in which we hold company funds. However, please note that the funds are not protected in the event of the insolvency of DraftKings: not protected segregation. For more information please see https://www.gamblingcommission.gov.uk/guidance/customer-funds-segregation-disclosure-to-customers-and-reporting/the-customer -funds-insolvency-ratings-system.

5.2. In the event we make any change to the terms on which your funds are held, we will notify you in advance of such change taking effect by such means as we reasonably determine to be appropriate. We will require you to acknowledge receipt of such notification using such method as we reasonably determine to be appropriate. In the event you do not acknowledge such receipt, then you will not be permitted to use any deposits made after the change to the terms on which your funds are held. In the event you do acknowledge receipt and/or continue to use the Services, you will be deemed to have agreed to the change. However, in the event you do not wish to agree to the change, then you may either cease to use the Services or close your Account.

5.3. You may only deposit funds into your Account with a payment method registered in your name.

5.4. You are not permitted to deposit funds into your Account using a credit card. This includes deposits made through an e-wallet or other money services business (e.g. PayPal or Skrill) that were funded using a credit card.

6. VERIFICATION OF YOUR AGE AND IDENTITY

6.1. DraftKings complies with all relevant regulations and guidelines for the prevention of money laundering and the funding of terrorism, and all transactions are monitored and reviewed for signs of possible money laundering or other criminal activities. Suspicious transactions shall be investigated by DraftKings, and, in the event necessary, a suspicious transaction report will be made by DraftKings to the appropriate authorities. In the event of any suspicious transactions, DraftKings may suspend, block, or close the Account(s) of the relevant player(s) and withhold funds as may be required by law and/or by competent authorities.

6.2. You may only start using our Services after we have successfully completed all account opening verification checks. This means that you will not be able to deposit any funds into your Account, access any free-to-play Services that we make available, gamble with us using real money or any free bet or bonus, or submit a contest entry until we have verified your age and identity.

6.3. In order to verify your age and identity we will share your name, address, and date of birth with our chosen third party electronic verification provider to verify these details. A record of the search may be retained by us and/or the third party provider. By agreeing to these Terms of Use, you authorise us to undertake such verification checks.

6.4. We are entitled to request documentation from you in order to complete any further verification checks we consider, acting reasonably, to be necessary. Verification checks can take place at any time and may include, without limitation, requests for documents or information to verify any of the following information: your name; age; address; country of birth; ownership of payment methods; and/or income. To verify this information, we may ask you to provide copies of your passport, drivers' licence, any government issued ID, recent utility bills, bank statements, and/or employee payment slips. In the event we ask you to provide such documents, then you will need to send them to us as a JPEG, PNG, or PDF file under ten (10) MegaBytes in size.

6.5. In the event you fail to provide, or delay in providing, any documentation or information requested, we may close, block, or suspend your Account and/or place such other restrictions on your Account that we reasonably consider necessary or appropriate.

7. RESPONSIBLE GAMBLING

7.1. We take responsible gambling very seriously. We want you to enjoy using our Website and Services. Always remember that you must only spend what you can afford and always set sensible limits. We offer a range of features and services to help you stay in control. Please refer to our Responsible Gambling page https://www.draftkings.co.uk/responsible-gaming-uk for full details.

7.2. In order to assist you in participation in our fantasy sports contests responsibly, we offer deposit limits within each Account that can be set during the Account registration process as well as after the Account has been opened. Deposit limits can be set for periods of twenty four (24) hours, one (1) week, or one (1) month. You may make a deposit limit more restrictive at any time through the Player Limits tab in your Account page. A more restrictive deposit limit will usually take effect within twenty four (24) hours. You will not be able to increase a deposit limit (e.g. set a less restrictive limit) for the period of time you selected when you set the deposit limit (e.g. twenty four (24) hours, one (1) week, or one (1) month). Once the period of time you selected when you set the deposit limit has elapsed, you will be required to contact customer support in order to request an increase to the limit (such a change may not be requested through your Account), following which a further cooling off period of twenty four (24) hours must elapse and you must take positive action at the end of the cooling off period to confirm your request. For example, in the event you set a one (1) week deposit limit, we will not process any request(s) by you to increase such limit until at least one (1) week has passed since you first imposed the limit, following which a further cooling off period of twenty-four (24) hours must elapse and you must take positive action at the end of the cooling off period to confirm your request.

7.3. In the event we think (in our reasonable opinion) that you may be at risk of or experiencing harms associated with gambling, we may impose a deposit limit on your Account or suspend or close your Account. In the event we do so, we will inform you of our decision and, in the case of imposition of a deposit limit, inform you of the amount of the deposit limit imposed.

7.4. Should you need to take a break from our fantasy sports contests, we provide a self-exclusion facility that can be activated by you via your Account by clicking on the Self-Exclusion tab or by contacting Customer Support at support@draftkings.com. The minimum period of self-exclusion is six (6) months.

7.5. In the event you self-exclude, then we are required to close your Account and return the balance of any funds in your Account to you. After you have self-excluded, we will use reasonable endeavours to return to you any balance standing in your Account. In the event we are unable to return any such funds to you, then we will treat your Account as inactive after a further period of six (6) months from the date on which the self-exclusion period you have selected expires unless you take positive action to gamble again. Please see section 17.2 regarding how your funds will be dealt with once your Account is deemed to be inactive.

7.6. In the event you are considering self-exclusion, please remember to contact all gambling companies with whom you have accounts and ask to self-exclude with them too. We will use our reasonable endeavours to ensure compliance with your self-exclusion from the Website. However, you accept that we have no responsibility or liability whatsoever in the event you use the Website during any period in which you have self-excluded in circumstances where you have taken steps to avoid us being able to identify you. In the event you do self-exclude, you agree not to try to register a new Account. In the event we discover that you have been successful in creating a new Account, we will terminate all of your Accounts.

7.7. We also recommend that you consider installing software that will allow you to block access to internet gaming websites.

7.8. In addition to maintaining our own self-exclusion program, we participate in the national multi-operator self-exclusion scheme "GAMSTOP". We will close your Account in the event you self-exclude through GAMSTOP, and the same process will be followed in Section 7.8 in respect of returning any funds to you.

7.9. We are only able to operate self-exclusion under the GAMSTOP self-exclusion service on the basis of the information you provide to GAMSTOP as part of your registration to use the GAMSTOP self-exclusion service. We will not be responsible for any failure on our part to spot any errors made by you or GAMSTOP when providing this information.

7.10. You agree not to attempt to open any new Account, log into your existing Account, or in any other way try to circumvent GAMSTOP's or our operating systems/mechanisms for the duration of your self-exclusion.

7.11. You are reminded that it is in your interests to provide GAMSTOP with truthful and accurate details, consistent with those that you use/have used to set up any Account with us. It is your responsibility to keep the information provided to GAMSTOP up to date. We will not be responsible for any losses that you may occur as a result of your failure to keep this information up to date. In addition, in no circumstances will we be liable to you or any third party in the event you are able to access your Account or open a new Account during a period of self-exclusion under the GAMSTOP self-exclusion service for reasons outside of our reasonable control. This will include, without limitation, circumstances where the operating systems used by GAMSTOP fail to properly and/or instantaneously identify you and/or your Account as being subject to self-exclusion when you attempt to use the Website.

7.12. Underage Gaming - It is illegal for anyone under the age of eighteen (18) to open an Account or to participate in the fantasy sports contests on the Website or DraftKings mobile application. Please note than anyone under the age of eighteen (18) who is found to be using the Website or DraftKings mobile application will forfeit any winnings and may also be reported to the authorities.

8. COMPLAINTS AND DISPUTES

8.1. In the event you have a complaint about any aspect of our Services, please contact Customer Support at support@draftkings.com. You will need to provide us with the following initial information in order for us to investigate your compliant: DraftKings username, date of issue, and description of issue. We may request further information from you to enable us to fully investigate the matter.

8.2. We will handle your complaint in accordance with the Gambling Commission of Great Britain's guidelines. We aim to acknowledge your dispute within twenty four (24) hours of any complaint being made, provide you with a substantive response to your complaint as soon as practically possible, and seek to resolve your complaint within eight (8) weeks from the date we receive the complaint. We will ensure that we write to you within eight (8) weeks of the date we receive your complaint with either a final response or confirmation that we have reached a deadlock. Our final response represents the final stage of our internal complaints procedure. However, in the event the complaint relates to the outcome of a gambling transaction, and, following completion of our internal complaints procedure, your complaint has not been resolved by us to your satisfaction, or we are unable to resolve your complaint within the eight (8) week period, the matter will be categorised as a "dispute", and you then have the right to refer your dispute to the alternative dispute resolution ("ADR") entity, whose details are:

Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS;

Telephone: 020 7347 5883;

E-mail:adjudication@ibas-uk.co.uk; http://www.ibas-uk.com

Adjudication Form: https://www.ibas-uk.com/how-ibas-works/how-to-raise-a-dispute/

8.3. ADR involves the referral of unresolved disputes to an independent third party for adjudication. There is no charge to you for using this service. The details of our ADR entity are also held by the Gambling Commission of Great Britain.

8.4. The ADR entity reserves the right to reject disputes referred to it for resolution on the basis that they are frivolous or vexatious, but we are not permitted to refuse referral on that basis.

8.5. The ultimate resolution of the ADR entity may be made binding on both parties but does not deprive you of the right to pursue the matter further under the provisions of the Terms of Use of our Website.

9. CONTEST ENTRY

9.1. Users will be able to visit the Website and view the games available for entry (the "Contest(s)"). Each individual Contest that is not free to enter has an entry fee listed in U.S. dollars. When you select to participate in a Contest and complete the entry process, you will be required to deposit funds in British pound sterling, and the funds will be converted to U.S. dollars at the time the funds are credited to your Account at the specified exchange rate, which you must positively accept (by checking a box) before the deposit is made. There is no foreign exchange conversion charge to you. When you participate in a Contest, the deposited funds will appear as US dollars in your Account, and the listed amount of U.S. dollars required to participate will be debited from your Account. You are responsible for any/all charges that your financial institution may charge in connection with your deposit on the Website.

10. REFUND POLICY

10.1. Deposits made on our site will appear on your statement as DRAFTKINGS. All payments of entry fees are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered.

10.2. In the event you believe you were incorrectly assessed a transaction fee related to a Deposit submitted to DraftKings, you may contact us at support@draftkings.com and request a refund. To successfully process your refund request, DraftKings would need the following information: (i) original transaction date and amount deposited; (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) copy of your statement showing such fee(s). DraftKings will review your submission, and in the event DraftKings determines it was an invalidly assessed fee, then DraftKings will credit such amount back to your Account.

11. use of the website and CONDITIONS OF PARTICIPATION

11.1. By using the Website and/or entering a Contest, entrants agree to be bound by the Terms and Conditions and the decisions of DraftKings (acting fairly and reasonably). DraftKings, will disqualify any entrant from a Contest, refuse to award benefits or prizes, and/or require the return of any prizes, in the event the entrant engages in conduct DraftKings reasonably deems to be improper, unfair, or otherwise adverse to the operation of the Contest or in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

11.1.1. Falsifying personal information required to enter a Contest or claim a prize;

11.1.2. Engaging in any type of fraudulent or unlawful activity, or using the Website or DraftKings mobile application in any way that is unlawful or fraudulent;

11.1.3. Colluding with any other individual(s) or engaging in any type of syndicate play;

11.1.4. Any violation of any of the Terms and Conditions;

11.1.5. Using the Website in any way that breaches any applicable local, national, or international law or regulation;

11.1.6. Accumulating points or prizes through unauthorised methods, such as automated bots, or other automated means;

11.1.7. Using automated means (including, without limitation, scripts and third-party tools) to interact with the Website in any way to gain a competitive advantage in a contest(s) (this includes, but is not limited to, using automated tools for purposes such as: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and/or editing a lineup);

11.1.8. Using automated means (including, without limitation, harvesting bots, robots, parsers, spiders, or screen scrapers) to obtain, collect, or access any information on the Website or of any user of the Website for any purpose;

11.1.9. Using any third-party pre-built lineups that require no substantive input from the entrant;

11.1.10. Any type of bonus abuse or abuse of any other offers or promotions;

11.1.11. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;

11.1.12. Using the Website to knowingly transmit any data or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

11.1.13. Using the Website to obtain the personal information of other users;

11.1.14. Using the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

11.1.15. Using the Website for any purpose that is or that is likely to be considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or that could otherwise cause offence, or using the Website to bully, insult, intimidate, humiliate, or harm any person; or

11.1.16. Abusing the Website in any way.

11.2. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.

11.3. You may use our Website for your own personal and non-commercial use only and shall not be allowed to provide, access, link to, or reproduce the Website or any part of the Website in any form whatsoever without our express written consent.

11.4. You are responsible for ensuring that you have access to the Website. We will not be liable for any losses caused by any internet or telecommunications service provider that you have engaged in order to access the Website.

11.5. You may not access without authority, interfere with, damage, or disrupt:

11.5.1. any part of the Website;

11.5.2. any equipment or network on which the Website operates;

11.5.3. any software used in the provision of the Website; or

11.5.4. any equipment, network, or software owned or used by any third party in connection with the Website.

11.6. DraftKings is not responsible for incomplete, illegible, misdirected, or stolen entries. In the event, for any reason, a Contest is not capable of running as originally planned, or in the event a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with any of the Terms and Conditions, or in the event infection by a computer (or similar) virus, bug, tampering, unauthorised intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the reasonable opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, DraftKings shall be entitled to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. In the event such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website.

11.7. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

11.8. We shall be entitled to seek criminal and civil sanctions against you in the event you are involved in fraud or dishonest or criminal acts, and we will make such reports as necessary to the authorities. We will withhold payment to you where you are suspected of engaging in fraudulent, dishonest, or criminal activities until we are fully satisfied that you are not engaging in such activities. You shall indemnify and shall be liable to pay us, on demand, all costs, charges, or losses (including any direct, indirect, or consequential losses, loss of profit, and loss of reputation) sustained or incurred by us, our parents, subsidiaries, affiliates, suppliers, and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "DraftKings Entities") arising directly or indirectly from your fraud, dishonesty, or criminal actions.

11.9. All entries become the property of DraftKings and will not be acknowledged or returned.

11.10. Participation in each Contest must be made only as specified in the Terms and Conditions. Failure to comply with the Terms and Conditions will result in disqualification and, in the event applicable, prize forfeiture. DraftKings shall be entitled to move entrants from the Contests they have entered to substantially similar Contests in certain situations, including but not limited to, head-to-head Contests where an entrant will be moved from an unfilled head-to-head Contest to fill a different head-to-head Contest with the same entry fee and game slate as the original Contest .

12. CONTEST PRIZES AND PROMOTIONS

12.1. Prizes will only be awarded in the event a Contest is run. We shall be entitled to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the entrants except as specifically provided in the Terms and Conditions (as applicable). Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of Rules. We encourage you to read such Contest and promotions Rules before participating.

13. CONTEST STATISTICS AND LIVE SCORING

13.1. To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While DraftKings and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Website and related information sources. DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

14. CONTEST RESULTS

14.1. Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates unless we reasonably determine that it is necessary to change the scoring results of a Contest in certain situations, including, without limitation, instances where there is clear and obvious error in the final statistics or scoring results (e.g. the final statistics at the completion of a football game credit a catch to a player not on the filed instead of the player that made the catch).

14.2. DraftKings shall be entitled to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever.

14.3. DraftKings shall be entitled to invalidate any head-to-head contest result where DraftKings reasonably determines this is necessary for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

15. PAYMENT AND WITHDRAWAL OF PRIZES

15.1. Winners are posted on the Website, and Contest prize payouts will be published with the creation of each new Contest.

15.2. At the conclusion of each Contest, prizes will be awarded by 18:00 GMT on the following day except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes are listed in our prize table list. Prizes won are added to the winning participant's account balance. In the event of a tie, prizes are divided evenly amongst the participants who have tied.

15.3. Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website.

15.4. You can withdraw an existing cash deposit balance or part of it from your Account at any time, subject to the Terms and Conditions and except where it is necessary for us to delay or withhold the payment to you of all or some of your withdrawal to comply with our legal and regulatory obligations, but please note that:

15.4.1. unless you are withdrawing the entire balance of your Account, the minimum withdrawal amount is five Pounds (5£). In the event you want to withdraw your entire Account balance, and your balance is less than five Pounds (5£), please contact support@draftkings.com;

15.4.2. in circumstances where you withdraw funds that are being used as a stake as part of an active bonus or promotional offer, all corresponding bonus balances and/or bonus pending winnings will be forfeited in full; and

15.4.3. where the withdrawal amount requested is less than the full amount in the relevant cash balance, we may charge you a reasonable processing fee (reflecting the processing charges we incur) for processing the withdrawal request.

15.5. Promotional deposits, credits, and other bonuses may not be withdrawn from a DraftKings account unless appropriate terms of the promotion are achieved first by the user.

15.6. All taxes associated with the receipt of any prize are the sole responsibility of the winner.

15.7. In the event that the awarding of any prizes to winners of Contests is challenged by any legal or regulatory authority, DraftKings, in accordance with its legal and regulatory obligations, will not award such prizes (unless and until any such legal or regulatory challenges are satisfactorily resolved).

15.8. No substitution or transfer of prize is permitted, except that DraftKings shall be entitled to substitute a prize of equal value or greater in the event the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

15.9. Any withdrawal will be credited back to the same method of payment used to deposit funds on the Website. DraftKings will only release withdrawals to a different payment method after the aggregate amount of such deposit(s) has already been released back to the payment method(s) used for the deposit(s).

15.10. In the event we pay an amount to you in error or we pay you more than the amount to which you are properly entitled, you agree to repay to us, immediately upon request from us, the amount that has been wrongly paid or overpaid to you. We also shall be entitled to adjust the credit balance in your Account to retrospectively rectify errors made by us.

15.11. We will not be liable to you in the event we cannot pay winnings to you due to the information provided to us by you being incorrect, incomplete, or invalid.

16. TERMINATION AND EFFECT OF TERMINATION

16.1. DraftKings may, acting reasonably and without prior notice, immediately revoke any or all of your rights granted under these Terms of Use and close your Account. In such event, you will immediately cease all access to and use of the Website and DraftKings mobile application, and DraftKings may revoke any password(s) and/or account identification issued to you.

16.2. In the event that we close your Account in accordance with these Terms of Use, including where we suspect that you have breached the Terms and Conditions or we are required to do so to comply with our legal and regulatory obligations or due to fraud, collusion, or integrity concerns, we will:

16.2.1. void any Contest entries that are not yet locked and return the associated entry fees paid to us;

16.2.2. void any other pending transactions made through your Account and return any Contest entry fees paid to us in relation to any unsettled Contests;

16.2.3. void any promotional deposits, credits, and other bonuses in your account where you have not achieved or complied with all terms applicable to the promotional deposits, credits, and other bonuses ; and/or

16.2.4. return any deposits in the Account where possible.

16.3. In the event that we close your Account in circumstances where we are required to do so in order to comply with our legal or regulatory obligations or where there is a clear and obvious error, we may also void and/or be required to withhold any associated winnings.

16.4. You may close your account at any time by e-mailing support@draftkings.com or using our Contact Support section of the Website. Subject to DraftKings' duties expressly reflected in section 16.2, you shall be sent any deposit balance remaining in your Account, and in the event you have entered any Contests that have not yet taken place at the time of Account closure, you shall be removed from such contests, and the entry fees for such Contests shall be sent to you.

16.5. All provisions of the Terms and Conditions, which, by their nature or express terms, are intended to survive termination of the Terms and Conditions shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Inactive Accounts

17.1. In the event you do not log in to your Account for a period of twelve (12) months or longer, we may close your Account and remit any balance to you using your last known payment details. In the event it is not possible for us to remit any such balance to your last known payment details and close your account, we may charge a periodic fee from your account balance until you log into your Account again (and it becomes active) or the account balance is exhausted (whichever occurs earlier). Any such fee or charge will be no more than a reasonable estimate of our costs incurred by us in maintaining your dormant Account, and we will always notify you in advance of any payment being taken from your account balance in accordance with section 17.1.

17.2. In the event you do not log in to your Account for a period of three (3) years or longer, we may choose to close your Account and remit any balance to you through the mail using your last known address. In the event it is not possible for us to remit any such balance to your last known payment details, after we use reasonable efforts to contact you, we may remit such funds to the State of Delaware's Department of Finance, Office of Unclaimed Property. Information on claiming funds remitted to the State of Delaware's Department of Finance, Office of Unclaimed Property can be found at https://unclaimedproperty.delaware.gov/ .

18. LIMITATION OF LIABILITY

18.1. We will provide the Website using our reasonable skill and care, but we do not guarantee that the Website or DraftKings mobile application shall be uninterrupted or free from errors beyond our reasonable control. All information provided on the Website is intended only for use in relation to our Contests, other content, products, services, and promotions, which are provided on an 'as is' basis and should not be relied upon for any other purpose. We do not make any other representation or warranty regarding the quality, fitness for purpose, completeness, or accuracy of the Website, DraftKings mobile application or our Services.

18.2. Please note that we only provide the Website and our Services for domestic and private use. You agree not to use the Website or Services for any commercial or business purposes, and we and the DraftKings Entities shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.3. Our maximum liability to you, whether for breach of contract, tort (including negligence), or otherwise will be limited as follows:

18.3.1. where our liability relates to your participation in a Contest, the value of the entry fee paid by you to us in respect of the relevant Contest;

18.3.2. where our liability relates to the misapplication of funds belonging to you, the amount of money in your Account that has been misapplied by us; and

18.3.3. in all other circumstances, two thousand pounds (£2,000).

18.4. We shall have no liability to you (including the payment of winnings) or any other person:

18.4.1. in the event we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving our workforce or the workforce of any of our third party suppliers); failure of a utility service, transport, or telecommunications network; any pandemic; act of God; war; riot; civil commotion; malicious damage; you becoming disconnected from our Website; any malfunctions in our Website that are beyond our reasonable control; any malfunctions in the software or the software provided to us by any third party that are beyond our reasonable control; failure of telecommunications services or internet connections; compliance with any law, governmental order, executive order/action, judicial order/action, rule, regulation, or direction; accident; breakdown of plant or machinery; fire; flood; or storm;

18.4.2. for any damages or losses, without limitation, that are deemed or alleged to have resulted from or been caused by matters beyond our reasonable control, including, without limitation, delays or interruptions in operation or transmission, communications, lines failure, any person's use or misuse of the Website or its content, or any errors or omissions in content;

18.4.3. for any system failures, software or hardware errors, bugs, viruses, Contest errors (meaning any material change or deviation from the expected functioning of the Contest for whatever reason, including where there appears to be no obvious error to the functioning of a Contest) or other types of fault beyond our reasonable control ("Error"); or

18.4.4. the acts, omissions, defaults, breaches, or inactions of any other third party providers to provide the Website, DraftKings mobile application and/or the Services where such are beyond our reasonable control.

18.5. We will do our best to minimise Errors, and when they do occur, we will seek to place you in the position you were in before the Error occurred where possible to do so. Where this is not possible, we may void any Contest or Contest entry(ies), and we will not be responsible for any loss of winnings that relates to that Error.

18.6. Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or any liability to the extent such liability may not be excluded or limited as a matter of law.

18.7. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

19. INTELLECTUAL PROPERTY RIGHTS

19.1. The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

19.2. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

19.3. DraftKings reserves all rights not expressly granted in and to the Website and the Intellectual Property.

19.4. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. In the event you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

19.5. Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

19.6. In addition, you agree that any User Submissions you submit shall not contain any material that we may reasonably determine is inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in Account suspension or termination.

19.7. We respect your ownership of User Submissions. In the event you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and Conditions and any access granted to others. In the event you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. In the event your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, in the event we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your Account will not automatically delete your User Submissions.

19.8. We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

19.9. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even in the event the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

19.10. You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

20. CHOICE OF LAW AND JURISDICTION

20.1. The Terms and Conditions (including, without limitation, these Terms of Use) are governed by English law.

20.2. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, in the event you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and in the event you are a resident of Scotland, you may also bring proceedings in Scotland.

21. MISCELLANEOUS

21.1. Nothing in the Terms and Conditions shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.

21.2. You agree fully to indemnify, defend, and hold us and the DraftKings Entities harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of any breach of any of the Terms and Conditions by you or any other liabilities arising out of your access and use of the Website, the DraftKings mobile application or our Services (or by anyone else using your username and password).

21.3. The Website may contain links to third party websites 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. In addition, DraftKings will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DraftKings from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

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

21.5. No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with DraftKings or in any way affiliated or associated with the Contests.

21.6. Third-party online publishers that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, or accessed through, or sent from, the Website.

21.7. Each of the sections in the Terms and Conditions, and each component part of the Terms and Conditions, operates separately. In the event any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

21.8. No waiver of any term of the Terms and Conditions 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 Terms of Use shall not constitute a waiver of such right or provision.

21.9. The failure of DraftKings to comply with any provision of the Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DraftKings (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of the Terms and Conditions.

21.10. DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE OR DRAFTKINGS MOBILE APPLICATION.