IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE Ultimate Athletics Experience Contest AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the Ultimate Athletics Experience Contest (“Contest”), exclusively for DraftKings Players. The top contestant will receive two (2) premium tickets for winner and one (1) guest for the Oakland Athletics home game scheduled to be played on June 18th, 2016, the opportunity for the winner and his/her one (1) guest to view pregame batting practice from the field, the opportunity for winner and his/her one (1) guest to participate in a meet-and-greet on the date of the game with one (1) Oakland Athletics alumni determined by DraftKings and Oakland Athletics at their sole discretion, the opportunity for winner and his/her one (1) guest to have their photo taken in a dugout prior to the game (dugout determined by Oakland Athletics at its sole discretion); and one (1) swag bag containing Oakland Athletics-themed and/or branded merchandise and/or memorabilia determined by DraftKings at its sole discretion (hereinafter, the “Prize”).

Approximate Retail Value of the Prize: $120.

Hotel and airfare is not included. Transportation to/from the game/events/activities and other amenities are not included. The exact nature and duration of the on-field batting practice viewing experience, alumni meet-and-greet opportunity and dugout photo opportunity shall be determined by DraftKings and Athletics Investment Group LLC d/b/a Oakland Athletics (“Oakland Athletics”) at their sole discretion and subject to availability and the rules and regulations of Oakland Athletics.

In the case of a tie for the winning spot in the Contest the winner will be the DraftKings Player with the higher single-player fantasy points result for each drafted player in the lineup. 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 Max Scherzer with 22 fantasy points, and Player B’s highest fantasy point scoring player was Johnny Cueto with 20 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 identical rosters, the DraftKings Player that submitted the winning lineup first will be deemed the winner.

MAXIMUM NUMBER OF ENTRIES

Players are allowed one (1) entry 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: http://www.draftkings.com/help/MLB.

Eligibility

Players must be 18 (19+ in Alabama and Nebraska) years of age or older.

Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the MLB Entities (as defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win a prize.

Conditions on Claiming Prize

The winner of the Contest, in order to claim the Prize must:

Where legal, consent to the use of his/her name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of 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; 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 winner’s name or reputation

(hereinafter, collectively, the “Requirements”).

In the event the winner of the Prize is not able to meet the Requirements for claiming the Prize, the winner shall not be entitled to the Prize, or any other prize, compensation or monetary value whatsoever, and neither DraftKings nor any MLB Entity will have any further obligation to the winner. The player explicitly agrees that by entering the Contest the sole prize for becoming the winner in the Contest is the Prize. The winner of the Prize must be able to fulfill the Requirements. The winner’s failure to fulfill the Requirements shall constitute a disclaimer by the winner of the Prize and any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

Exact game date and seat/suite locations at the game shall be determined by DraftKings at its sole discretion. Major League Baseball game dates and times are determined in the sole discretion of Major League Baseball, and may be subject to change. The winner’s guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. The winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. The applicable MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. The MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s). The MLB Entities make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof), and disclaim any implied warranty. The MLB Entities are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of the Contest, the processing of entries, selections or registrations, the tabulation of streaks, the cancellation of games or any errors appearing in any Contest-related materials, including, but not limited to, errors in advertising, the Contest Rules, the selection and announcement of the Prize winner or the distribution of the Prize.

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

Travel and Hotel Accommodations

Travel and accommodations are not included. DraftKings and MLB Entities shall have no responsibility or liability for winner’s transportation, transfer and similar.

Incidental Expenses

All other expenses and incidental travel costs not expressly stated in the 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(s). 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 and the MLB Entities have not and will not obtain or provide travel insurance or any other form of insurance.

Conduct

The Prize winner and his/her travel companion(s) 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(s) 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 with no further compensation.

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 any data collected in connection with the Contest. These Contest Rules are intended to be separate from 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 by entering the Contest you agree (a) that the MLB Entities shall be included in the definitions of “Company Entities and Individuals” and “Released Parties” as used in the Terms of Use, and (b) 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.

The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.

MISCELLANEOUS

As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings’ ability to grant to the winner 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 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.

Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.