IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE $1M KING OF THE BEACH AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the $1M King of the Beach (hereinafter, the “KOTB Contest”), exclusively for DraftKings Players. KOTB Contestants will have the opportunity to win the Prize (defined below).

To qualify for the KOTB, DraftKings Players must participate in a qualifying contest (“Qualifier”), in which the winner(s) of the respective Qualifier will win a “ticket” to the KOTB online Round 1 Contest (“Qualifier Winner”). The one-hundred eighty (180) Qualifier Winner(s) will compete on Sunday, November 20 in an online NFL KOTB Round 1 contest for a shot to attend the $1M King of the Beach LIVE Final at Atlantis Paradise Island. The top fifty (50) teams from Round 1 will advance to the Final in The Bahamas.

The top fifty (50) teams from Round 1 will win a trip for two (2) to Atlantis Paradise Island in The Bahamas, a $1,000 cash credit to the winner’s DraftKings’ player account for two (2) roundtrip airfares and transportation to/from the airport; and accommodations in Atlantis for (4) nights (arriving on December 1, 2016 and departing on December 5, 2016) (collectively, the “Prize”). The approximate retail value of the Prize is $6,500.00. Each Qualifier Winner shall be subject to these KOTB Contest Rules in addition to the contest rules for each Qualifier.

The KOTB Live Final Contest will be held on Sunday, December 4th, 2016 (the “KOTB Contest Day”). The KOTB Contest will include the players and results of NFL games starting between 1:00 PM EST – 4:25 PM EST on the KOTB Contest Day. There will be no usage of the DraftKings Late Swap feature, lineups as of 1:00 PM EST will be final and no changes will be allowed. The contest will take place on DraftKings.com and be administered and scored according to DraftKings NFL contest rules. These Contest Rules, in conjunction with the DraftKings’ Terms of Use and Privacy Policy, shall govern the player eligibility, contest conduct, and rules of play of the KOTB Contest. Scoring between Round 1 and the Live Final will not be cumulative.

TIEBREAKERS

If one or more DraftKings Players tie for a Qualifying place in the KOTB Contest and such KOTB Contest is completed prior to Week 10 of the NFL regular season, there will be a playoff contest between the tied DraftKings Players, as solely determined by DraftKings, to determine the finalists or winners, as the case may be, of KOTB Contest.

If one or more DraftKings Players tie for a Qualifying place in the KOTB Contest (or such playoff to break the tie as described in the paragraph above) during Week 10 of the NFL regular season, 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 Rob Gronkowski with 37 fantasy points, and Player B’s highest fantasy point scoring player was Antonio Brown with 34 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 submitted his/her winning team first will be deemed the winner.

If one or more DraftKings Players tie in the online Round 1 King of the Beach contest during Week 11 of the NFL regular season, there will be a playoff contest between the tied DraftKings Players, as solely determined by DraftKings, to determine positioning going into the Live Final.

MAXIMUM NUMBER OF ENTRIES

Once a player has accumulated 5 entries to the KOTB Contest they are no longer allowed to win entries in KOTB Contest qualifier contests. If a player wins multiple qualifier contests that were live at the time their 5th entry was accumulated, they will receive the cash value of their additional qualifiers. DraftKings will rerun those additional qualifiers.

EXAMPLE #1: Player has 4 of the maximum 5 entries to the KOTB Contest and enters into 4 different Sunday-Monday NFL Week 7 KOTB Contest qualifiers on Sunday, 10/23. After the conclusion of Week 7 on Monday, 10/24, Player is found to have won 2 of the 4 KOTB Contest qualifiers they entered on Sunday, 10/23. Under these rules, Player is awarded 1 entry to the KOTB Contest and will receive the cash value of their 1 additional qualifier. Player is now no longer able to enter KOTB Contest qualifiers.

EXAMPLE #2: Player has 4 of the maximum 5 entries to the KOTB Contest and enters into 3 different Sunday Only Week 10 NFL qualifiers on Sunday, 11/13. After the conclusion of the Week 10 Sunday games, Player is found to have won 2 of the 3 KOTB Contest qualifiers they entered on Sunday, 11/13. Player is awarded 1 entry to the KOTB Contest and will receive the cash value of their 1 additional qualifier. DraftKings will rerun this additional KOTB qualifier for the Monday, 11/14 – Thursday, 11/17 set.

FIRST DEGREE RELATIVES

First degree relatives living in the same household are subject to the same max entry cap for the KOTB. For example, a husband and wife with separate usernames can only win 5 combined entries to the KOTB.

MULTIPLE ENTRIES TO THE BAHAMAS

A player that accumulates more than one (1) entry to the KOTB Live Final Contest in The Bahamas has the option to either bring two (2) additional guests per each additional entry earned; or receive 70% cash value of the Prize which is $3,850 as the $1,000 for airfare and transfers will have already been credited.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the KOTB 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/NFL

Eligibility

Players must be 18 (19+ in Nebraska and 21+ in Massachusetts) years of age or older, possess appropriate travel documentation necessary to allow the player to travel to and from The Bahamas at the beginning of the KOTB Live Final Contest in order to be eligible for the trip to The Bahamas (hereinafter, the “Prize”), or for the Grand Prize.

Conditions on Claiming Prize

The finalists of the KOTB Contest, in order to claim either the Prize or the Grand Prize, or both as the case may be, must:

Where legal, the finalists, grand prize winner and all guests must consent to the use of his/her name, voice, video, and likeness/photograph in and in connection with the development, production, distribution, commercialization, promotion and/or exploitation of DraftKings and the KOTB Contest in a form reasonably directed by the organizers of the KOTB Contest or other representatives of DraftKings;

Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;

Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;

Agree to be bound by and adhere to all rules and codes of conduct as required by the terms and conditions during your participation in the KOTB;
Consent to the release of certain personal information to the DraftKings for purposes related to participation and eligibility for your participation in the KOTB;

Schedule, reserve and provide for your own travel arrangements to and from The Bahamas. DraftKings will provide $1,000 for airfare.

Execute other documents as DraftKings may reasonably request;

At all times while traveling to, from and while attending the trip to the KOTB, use his/her best endeavors to uphold the good name, image and reputation of DraftKings and shall not make any statements or engage in conduct which could damage or bring into disrepute the name and/or image and/or reputation of DraftKings; and

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

(hereinafter, collectively, the “Requirements”).

In the event a finalist or winner of a Prize is not able to meet the Requirements for claiming the Prize, such finalist or winner, as the case may be, shall not be entitled to the Prize, the Grand Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the finalist or winner, as applicable. The player explicitly agrees that by entering the KOTB Contest, the sole prize for becoming a finalist in the KOTB Contest is the Prize with the opportunity to win the Grand Prize. The winners of both the Prize and the Grand Prize, as applicable, must be able to fulfill the Requirements. A finalist’s or winner’s failure to fulfill the Requirements shall constitute a disclaimer by the finalist or winner of the Prize, the Grand Prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the KOTB Contest.
By participating in this KOTB Contest or accepting the Prize, entrants further acknowledge and agree to the following Prize restrictions:

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

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

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

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

EFFECT OF CONTEST RULES ON TERMS OF USE

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

EFFECT OF CONTEST RULES ON PRIVACY POLICY

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

LIMITATION OF LIABILITY

The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the KOTB Contest and your travel to and from, and attendance at the KOTB, and by entering the KOTB 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 KOTB Contest, each players agrees to receive communications from DraftKings, subject to opting out when Entrant so desires. Entrant’s information will not be shared or sold to any outside party.

CONSENT OF USE

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

MISCELLANEOUS

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

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

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