DRAFTKINGS 2023 $1.5M GOLF KING OF THE DESERT OFFICIAL RULES

IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS 2023 $1.5M GOLF KING OF THE DESERT CONTEST

IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES ("Rules") BEFORE ENTERING THE DRAFTKINGS $1.5M GOLF KING OF THE DESERT CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

A. Rules and Eligibility

1. The DraftKings $1.5M Golf King of the Desert Contest (“KOTD”, “KOTD Contest”, or “Contest”) is a three-round fantasy sports tournament to be held on Thursday, January 11th, 2024 – Sunday, January 14th, 2024 (first round), Thursday, January 18th, 2024 – Sunday, January 21st, 2024 (second round) and Thursday, February 8th, 2024 - Sunday, February 11th, 2024 (live final round), exclusively for DraftKings customers who enter the Contest (each a “Contestant” and collectively, the “Contestants”). The Contest will be administered and scored according to these Rules.

2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, you agree to be bound by, and subject to, these Rules, the DraftKings Daily Fantasy Sports Terms of Use (available at: https://www.draftkings.com by scrolling to the bottom of the page clicking on “Terms of Use”), and the DraftKings Privacy Notice (available at: https://www.draftkings.com). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Notice. In addition to other remedies provided in these Rules or in the DraftKings Daily Fantasy Sports Terms of Use, your failure to comply with these Rules or the DraftKings Daily Fantasy Sports Terms of Use may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined below) as determined by DraftKings in its sole and absolute discretion. Notwithstanding anything to the contrary set forth in these Rules or the DraftKings Daily Fantasy Sports Terms of Use, DraftKings has the right, in its sole and absolute discretion, for any reason or no reason, to disqualify or remove you from the Contest and to effectuate the forfeiture of your Prize or potential Prize.

3. BY ENTERING AND/OR PARTICIPATING IN THE CONTEST YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE CONTEST, THESE RULES, YOUR ENTRY INTO, PARTICIPATION IN OR ATTENDANCE AT THE CONTEST, OR YOUR TRAVEL TO AND FROM THE CONTEST; (2) THE FANTASY SPORTS CONTESTS, CONTENT, PRODUCTS, SERVICES, AND PROMOTIONS ON DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION OR YOUR UPLOADED INFORMATION; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES AND INDIVIDUALS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, THE DRAFTKINGS MOBILE APPLICATION, OR CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (6) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF DRAFTKINGS.COM AND/OR THE DRAFTKINGS MOBILE APPLICATION, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). 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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 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). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY CONTESTANT'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. YOUR PARTICIPATION IN THE CONTEST IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE CONTEST. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE CONTINUATION OF THE CONTEST OR ANY EXPLOITATION OF YOUR UPLOADED CONTENT OR ANY WEBSITE, SERVICES, OR OTHER PROPERTY OWNED OR CONTROLLED BY ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE CONTEST, ANY DRAFTKINGS WEBSITE, OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE CONTEST, 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, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

4. DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Notice at any time, and it is your responsibility to review these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and the DraftKings Privacy Notice for any changes. By entering the Contest or by participating in the Contest after we change these Rules, the DraftKings Daily Fantasy Sports Terms of Use, or the DraftKings Privacy Notice, you accept all changes thereto. Any change in the structure of the Prize (as defined below) shall be made prior to the start of the first round of the Contest.

5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the KOTD at any time. In the event DraftKings cancels the KOTD prior to the start of the KOTD, you may be entitled to a refund.

6. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove any Contestant(s) and/or individual(s) from participation in or attendance at the Contest and/or deny admission to or remove any Contestant(s) and/or individual(s) from any venues or spaces associated with the Contest, including, but not limited to, in instances where DraftKings determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the individual or Contestant’s entry or selections. By entering or participating in the Contest, you acknowledge and agree that DraftKings has the right, in its sole and absolute discretion, and for any reason or no reason at all, to exclude you from participation in the Contest and/or remove you and your guest(s) from any venues or spaces associated with the Contest, and by entering into or participating in the Contest, you agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against the Company Entities and Individuals, in each case, as it relates to DraftKings’ decisions under this Section.

7. To be eligible to enter and participate in the KOTD, each Contestant must: (i) be the owner of the DraftKings account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the DraftKings Daily Fantasy Sports Terms of Use; (iv) be at least eighteen (18) years of age as of the date of the Contest entry, except in jurisdictions, territories, and locations where the minimum age for permissible use of daily fantasy sports is greater than eighteen (18) years old, you must meet the age requirement in the jurisdiction, territory or location you are physically located in while entering and participating in the Contest (nineteen (19) years of age in the event you are physically located in Nebraska or Alabama when participating in the Contest or twenty-one (21) years of age in the event you are physically located in Arizona, Iowa, Louisiana, or Massachusetts when participating in the Contest); (v) be physically located in any of the fifty (50) United States and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests; and (vi) not be self-excluded from play on any DraftKings website or mobile application. DraftKings reserves the right to exclude additional state(s) or add additional state(s) under sub-section (v), provided that in the event any such additional state(s) are added, Contestants shall be required to comply with these Rules, as well as any applicable state regulations.

8. By entering and participating in the KOTD, Contestants and all guests: (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ reasonable requests, including, but not limited to, requests for information; (v) agree, at all times while participating in the Contest, to use their best efforts to uphold the good name, image, and reputation of DraftKings and to refrain from making any statements or engaging in conduct that could damage or bring into disrepute the name, image, and/or reputation of DraftKings; and (vi) agree, at all times while participating in the Contest, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation. In the event the Contestant or his/her guest engages in behavior that, as determined by DraftKings in its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to revoke or reclaim the Contestant’s Prize(s) (in the event any) and/or terminate any applicable experience(s) for the Contestant and/or the Contestant’s guest early, in whole or in part, and send the Contestant and his/her guest home with no further compensation. In such event, and without limiting any other rights of DraftKings, the Contestant may also be required to reimburse DraftKings for the Prize.

B. Entry into the Contest

1. Individuals must qualify for the KOTD by winning one (1) of one hundred fifty (150) DraftKings qualifying contests that award a ticket to the KOTD as a prize. In the event two (2) or more individuals tie for a qualifying entry into the KOTD, there will be a playoff contest, the details of which will be determined by DraftKings in its sole and absolute discretion (including any tiebreak mechanisms or procedures to be used in the event of a tie in the playoff), between the tied individuals to determine the individual who qualifies for the KOTD. Contestants may qualify multiple times for the Contest, and each qualification entitles an entrant to one (1) entry into the Contest. Each Contestant may have a maximum of ten (10) entries in the Contest, and each of a Contestant’s entries will be treated independently from one another. In the event a Contestant wins an additional entry(ies) into the Contest after already winning ten (10) entries into the Contest, the Contestant will not receive such additional entry(ies) and will not receive or be entitled to any compensation or prizes as a replacement for such additional entries. Notwithstanding the foregoing, in the event a Contestant wins a qualifying contest that is live at the time the Contestant wins his or her tenth entry into the KOTD, the Contestant will receive the cash value of the additional entry ($10,000). There will be a maximum of one hundred fifty (150) Contestants in the KOTD. Individuals who qualify for the KOTD cannot transfer their qualification to another individual or send a proxy to the Contest. Contestants may be required to film at least one (1) interview with the DraftKings content team before the Contest and one (1) interview during the Contest or weekend of the Contest, as determined by DraftKings. The interviews may be used at DraftKings’ sole and absolute discretion, including, but not limited to, in connection with the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings and/or the KOTD. Contestants will wear patches, attire, and/or promotional items as DraftKings may reasonably direct.

C. Operation of the Contest

1. The Contest will consist of three (3) rounds. The DraftKings Late Swap feature is not available for use during the KOTD.

2. The first round of the KOTD (the “KOTD Round of 150”) will take place beginning on January 11th, 2024 through January 14th, 2024. The KOTD Round of 150 will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. The KOTD Round of 150 will be administered and scored according to DraftKings’ Classic Golf contest rules (provided that these Rules will govern in the event of any conflict between the Classic Golf contest rules and these Rules). The Game Set for the KOTD Round of 150 will include the players and results of PGA Tour golf events starting on January 11th, 2024 through January 14th, 2024 (the “Round of 150 Event”). In particular, the Game Set will include one golf event – the Sony Open in Hawaii. The top fifty (50) Contestants from the KOTD Round of 150 will qualify for the second round of the KOTD (the “KOTD Round of 50”). In the event two or more Contestants tie for 50th place in the Online Round of 150, there will be a playoff contest between the tied Contestants, the details of such playoff contest to be determined by DraftKings in its sole and absolute discretion (including any tiebreak mechanisms or procedures to be used in the event of a tie in the playoff), to determine who will receive the final entry for the KOTD Round of 50. The winner of such playoff contest will receive the final entry for the KOTD Round of 50, and the remaining Contestants will receive the Prize for their finishing position, beginning with the 51st place. By way of example only, if three (3) Contestants tie for 50th place in the Online Round of 150, there will be a playoff contest between those three (3) Contestants, and the winner will qualify for the KOTD Round of 50, second place will receive the Prize for the 51st finishing position, and third place will receive the Prize for the 52nd finishing position.

3. The second round of the KOTD (the “KOTD Round of 50”) will take place beginning on January 18th, 2024 through January 21st, 2024. The KOTD Round of 50 will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. The KOTD Round of 50 will be administered and scored according to DraftKings’ Classic Golf contest rules (provided that these Rules will govern in the event of any conflict between the Classic Golf contest rules and these Rules). The Game Set for the KOTD Round of 50 will include the players and results of PGA Tour golf events starting on January 18th, 2024 through January 21st, 2024 (the “Round of 50 Event”). In particular, the Game Set will include one golf event – The American Express. The top fifteen (15) Contestants from the KOTD Round of 50 will qualify for the third and final round of the KOTD (the “KOTD Live Final”). In the event two or more Contestants tie for 15th place in the Online Round of 50, there will be a playoff contest between the tied Contestants, the details of such playoff contest to be determined by DraftKings in its sole and absolute discretion (including any tiebreak mechanisms or procedures to be used in the event of a tie in the playoff), to determine who will receive the final entry for the KOTD Live Final. The winner of such playoff contest will receive the final entry for the KOTD Live Final, and the remaining Contestants will receive the Prize for their finishing position, beginning with the 16th place. By way of example only, if three (3) Contestants tie for 15th place in the Online Round of 50, there will be a playoff contest between those three (3) Contestants, and the winner will qualify for the KOTD Live Final, second place will receive the Prize for the 16th finishing position, and third place will receive the Prize for the 17th finishing position.

4. The final round of the Contest, the KOTD Live Final, will be held from February 8th, 2024 through February 11th, 2024. The KOTD Live Final will be held in Scottsdale, AZ and be administered and scored according to DraftKings’ Classic Golf contest rules (provided that these Rules will govern in the event of any conflict between the Classic Golf contest rules and these Rules). Contestants are not required to travel to Scottsdale, AZ to participate in the KOTD Live Final. The KOTD Live Final will be played on DraftKings.com or DraftKings’ Daily Fantasy Sports (DFS) mobile application. Scoring between rounds of the KOTD (including Qualifiers) is not cumulative. The Game Set for the KOTD Live Final will include the players and results of PGA Tour golf events beginning on February 8th, 2024 through February 11th, 2024. In particular, the Game Set will include one golf event – the WM Phoenix Open. If the Game Set for the KOTD Live Final is canceled, postponed, delayed, or otherwise will not take place, DraftKings will host the KOTD Live Final online at a later date with a Game Set TBD in DraftKings’ sole and absolute discretion.

5. Each Contestant who participates in the KOTD Live Final in person will receive a $1,000 cash credit to the Contestant’s DraftKings’ customer account for transportation to and from the KOTD Live Final; and accommodations for two (2) in one (1) hotel room in a hotel chosen by DraftKings for four (4) nights (arriving on Thursday, February 8th, 2024 and departing on Monday, February 12th, 2024) (combined approximate retail value of $10,000 ($5,000 per person)). The hotel accommodations will be selected by DraftKings and maybe subject to additional restrictions, policies, and requirements imposed by the hotel. For clarity, any Contestant who opts not to participate in the KOTD Live Final in person shall not receive any of the items identified in this paragraph. Each Contestant is limited to one (1) travel and accommodation credit per DraftKings Daily Fantasy Sports account that qualifies for the KOTD Live Final (i.e. a Contestant will not receive multiple travel and accommodation credits if he or she has multiple entries in the KOTD Live Final).

6. In the event that any of the professional golf events within an applicable Game Set in the Contest are canceled, postponed, suspended, or delayed and cannot be completed within the originally scheduled Contest round dates, DraftKings may reschedule, delay, postpone, alter, or modify the Contest or a round of the Contest in its sole and absolute discretion to accommodate the start or completion of such Game Set or even cancel or vacate the Contest or a round of the Contest. In the event a particular Game Set cannot be completed within an appropriate time (as determined by DraftKings in its sole and absolute discretion) after a Game Set within a Contest round has begun, DraftKings reserves the right in its sole and absolute discretion to vacate the results and scoring of the affected and unfinished Game Set, select substitute professional golf events as the new Game Set, and replay the affected Contest round on another date (with no carry over scoring, points, or results from the vacated Game Set). In the event that professional golf events cannot be used or completed for a Game Set in any round of the Contest, DraftKings also reserves the right in its sole and absolute discretion to utilize other professional sporting events for which DraftKings customarily offers daily fantasy sport contests as the Game Set.

7. To the extent applicable, for all dates, locations, times, and quantities that are identified in these rules as “TBD”, DraftKings will update these Rules to include the to be determined information once it is fully and finally determined by DraftKings, and all Contestants consent to DraftKings updating these Rules to include such information once it has been so determined.

D. Contest Winner and Prizes

1. Contest results will be determined by the total points accumulated by the individual lineup entry. The prizes for the Contest (a “Prize”) will be based on the finishing position of the lineup entry in accordance with the following:

FINISHING POSITION PRIZE

1st Place $500,000

2nd Place $200,000

3rd Place $75,000

4th Place $50,000

5th Place $30,000

6th Place $25,000

7th-8th Place $20,000

9th – 10th Place $15,000

11th- 15th Place $10,000

16th – 29th Place $7,500

30th – 50th Place $5,000

51st – 80th Place $4,000

81st – 110th Place $3,000

111th – 150th Place $2,000

2. Except in the event of a tie for 50th place after the KOTD Round of 150 (which tie is handled in accordance with Section C.2, above) and a tie for 15th place after the KOTD Round of 50 (which tie is handled in accordance with Section C.3 above) in the event of a tie between two (2) or more Contestants, the cash Prizes for the tied positions will be combined and evenly split among each of the tied Contestants. For example, in the event two (2) Contestants tie for first place, the first place Prize and second place Prize would be combined and split equally between the two (2) tied Contestants, and each of the tied Contestants would be awarded three hundred and fifty thousand dollars ($350,000).

3. In order to claim a Prize, the winner must execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfilment. In the event a winner is not able to meet or violates these Rules or the DraftKings Daily Fantasy Sports Terms of Use, as determined by DraftKings in its sole and absolute discretion, that winner may not be entitled to the Prize, or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole and absolute discretion, and DraftKings will have no further obligation to that winner.

4.The winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability is the responsibility of the winner(s).

E. Travel and Accommodations

1. Each Contestant participating in the KOTD Live Final in person will be permitted to bring one (1) guest to the KOTD Live Final. Any guest of Contestant must be eighteen (18) years of age or older as of the KOTD Live Final. Guests will not receive any travel and accommodation credits. All Contestants participating in the KOTD Live Final in person and their guests must follow all policies, instructions, and requirements of DraftKings (including but not limited to age requirements). Contestant is solely responsible for checking any age requirements for his or her guests for attendance at the KOTD Live Final. Contestants participating in the KOTD Live Final in person and their guests must follow all health and safety protocols put in place by DraftKings, the hotel, or the venue for the KOTD Live Final, which may include COVID-19 vaccination requirements, testing requirements, wearing masks, and social distancing. Contestants participating in the KOTD Live Final in person and their guests may additionally be required to sign an assumption of risk or waiver in order to participate in or attend the KOTD Live Final in person. DraftKings may prohibit any Contestant or guest from participating or attending the KOTD Live Final in person in the event such Contestant or guest is unable to comply with or violates any health and safety protocols as set forth herein. Contestants shall be responsible and liable for all acts or omissions of their guests and ensuring their guests comply with all policies, instructions, and requirements of DraftKings, the hotel, and venue for the Contest.

2. CONTESTANTS CHOOSING TO PARTICIPATE IN THE KOTD LIVE FINAL IN PERSON AND THEIR GUESTS REPRESENT AND WARRANT THAT ATTENDING THE KOTD LIVE FINAL IN PERSON IS WHOLLY VOLUNTARY, AND THAT THEY ARE FULLY AWARE OF THE HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY, ILLNESS, AND DEATH. CONTESTANTS CHOOSING TO PARTICIPATE IN THE KOTD LIVE FINAL IN PERSON AND THEIR GUESTS ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES, AND FURTHER ACKNOWLEDGE, AND ACCEPT THE RISKS ASSOCIATED WITH, OTHER FACTORS AND OCCURRENCES THAT MAY IMPACT OR AFFECT THEIR SAFETY, INCLUDING, BUT NOT LIMITED TO, THE CORONAVIRUS (ALSO KNOWN AS COVID-19, 2019 NOVEL CORONAVIRUS) PANDEMIC AND OTHER POTENTIALLY RELATED DISEASES, ILLNESSES, VIRUSES, AND CONSEQUENTIAL HEALTH EFFECTS. IN PARTICULAR, CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE KOTD LIVE FINAL IN PERSON AND THEIR GUESTS UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING THE KOTD IN PERSON MAY EXPOSE THEM TO COVID-19, WHICH CAN BE SPREAD, AMONG OTHER WAYS, VIA THE AIR, FROM PERSON-TO-PERSON CONTACT, AND/OR BY CONTACT WITH CONTAMINATED SURFACES AND OBJECTS. CONTRACTING COVID-19 CAN CAUSE INJURY, ILLNESS, DEATH, AND/OR DISABILITY, AND MAY REQUIRE OR RESULT IN THE NEED FOR MEDICAL TREATMENT AND/OR MAY RESULT IN A NEED TO QUARANTINE FOR A PERIOD OF TIME. CONTESTANTS WHO CHOOSE TO PARTICIPATE IN THE KOTD IN PERSON AND THEIR GUESTS DO SO AT THEIR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH AND/OR ILLNESS, AND QUARANTINE AND TRAVEL-RELATED EXPENSES ARISING FROM OR IN CONNECTION WITH ATTENDING THE KOTD IN PERSON.

3. Contestants who qualify for, and elect to participate in person in, the KOTD Live Final are responsible for all travel costs and fees and are responsible for scheduling, coordinating, and booking their own transportation to and from the KOTD Live Final, including travel to and from airports or the hotel. DraftKings shall have no responsibility or liability for Contestants’ transportation. Contestants and their guests are 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.

4. All expenses and incidental travel costs not expressly stated in these Rules, including, but not limited to, travel costs, meals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, room services, minibar, entertainment, personal charges, damage to hotel room, security fees, gratuities, taxes, and/or other expenses, are the responsibility of the Contestant.

5. Each Contestant that elects to participate in the KOTD Live Final in person shall ensure that his or her guest follows all rules, policies, instructions, and protocols applicable herein to such guest’s conduct. Each Contestant shall be solely responsible for his or her guest’s actions. In the event the Contestant or his/her guest engages in behavior that, as determined by DraftKings in its sole and absolute discretion, violates these Rules, the DraftKings Daily Fantasy Sports Terms of Use, or is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to terminate their participation in or attendance at the KOTD Live Final or other applicable experience(s) early, in whole or in part, send the Contestant and his/her guest home with no further compensation, and disqualify the Contestant from the KOTD.

F. Miscellaneous Terms and Conditions

1. The DraftKings Daily Fantasy Sports Terms of Use shall apply to the KOTD, and these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Daily Fantasy Sports Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Daily Fantasy Sports Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings Daily Fantasy Sports Terms of Use, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Daily Fantasy Sports Terms of Use, unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Daily Fantasy Sports Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Daily Fantasy Sports Terms of Use.

2. The DraftKings Privacy Notice shall apply to the Contest and to these Rules and is hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Privacy Notice and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Notice. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Notice, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Privacy Notice unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Notice, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Notice. A Contestant’s information will be used subject to the DraftKings Privacy Notice and these Rules. Contestants understand and acknowledge that their selections for the Contest, once locked, shall be made public and displayed on the Contest board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.

3. By entering the Contest, each Contestant agrees to receive communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.

4. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant 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 Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, in any and all advertising, promotions, and other publicity conducted by DraftKings, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings or the Contest. Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to DraftKings without further authorization, compensation, or remuneration of any kind. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant hereby agrees, without any compensation, to sign any releases, assignments, or authorizations related to publicization of Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like.

5. All references to time of day contained herein refer to the prevailing Eastern Time Zone.

6. In the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the Contest, or may cancel the Contest altogether. As used herein, "Force Majeure Event" means the interruption of or material interference with DraftKings’ ability to hold the Contest or to grant the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., COVID-19), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), or any federal, state or local government law, order, or regulation, or order of any court.

7. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the Contest or these Rules shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and each Contestant and each Contestant’s guest hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. These Rules shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.

8. Employees of DraftKings or its affiliates may not participate in the Contest. Entries to the Contest cannot be transferred or cancelled by the Contestant. DraftKings is not responsible for any website performance issue, including, but not limited to, those that result in a delay or prevention of participation in the Contest or a selection for the Contest.

The best interests of the Contest and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. DraftKings shall have the sole and absolute discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.