IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE FUBOTV & DRAFTKINGS MLBCONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the fuboTV & DraftKings MLB Contest (the “Contest”), exclusively for fuboTV Players. Contestants will have the opportunity to win:

• 1st – 10th Place: A one (1) year subscription to fuboTV Premier package. (hereinafter, the “Prize”).

Approximate Retail Value of the Prize: $419.88.

In addition, entrants in the contest who were not previously subscribers to fuboTV will be eligible for a free one (1) month subscription to fuboTV Premier package.

In the case of a tie, the finalist or 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 Tom Brady with 22 fantasy points, and Player B’s highest fantasy point scoring player was Aaron Rodgers 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 who entered the Contest first will be deemed the winner.

MAXIMUM NUMBER OF ENTRIES

Entries are limited to one (1) entry per player 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.

Eligibility

Players must be 18 (19+ in Alabama and Nebraska, 21+ in Massachusetts) in years of age or older and a legal resident of the United States to be eligible to participate in this Contest. Prohibited and/or not available in Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada and Washington.

Conditions on Claiming Prize

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

Where legal, the winner must 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;

Execute other documents as DraftKings and/or fuboTV may reasonably request; and

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

(hereinafter, collectively, the “Requirements”).

In the event the winner of the Prize is not able to meet the Requirements for claiming the Prize, such finalist or winner shall not be entitled to the Prize, or any other prize, compensation or monetary value whatsoever, and fuboTVand DraftKings will have no further obligation to the winner, as applicable. The player explicitly agrees that by entering the Contest, the sole prize for becoming a finalist 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.

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

Travel and Hotel Accommodations

DraftKings and fuboTV 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 fuboTV 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 to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of Use, by the provisions thereof.

MARKETING DISCLAIMER

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

CONSENT OF USE

Each player who enters the Contest hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, Entries and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation, and in any and all advertising, promotions, and other publicity conducted by DraftKings and . Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry to fuboTV and DraftKings without further authorization, compensation or remuneration of any kind.

MISCELLANEOUS

As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings’ ability to grant to the winners the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), or any federal, state or local government law, order or regulation, or order of any court. In the event of a Force Majeure, DraftKings may reschedule the Contest, or may cancel the Contest altogether.

DraftKings reserves the right to alter these rules 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.