IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, “Contest Rules”) BEFORE ENTERING THE MLS DECISION DAY VIP CUP EXPERIENCE AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest, the MLS Decision Day – VIP Cup Experience (“Contest”), exclusively for DraftKings Players. The top contestant will receive the following prize (hereinafter, the “Prize”):

1. Two (2) tickets to the 2015 MLS Cup on Sunday, December 6th, 2015; Host City and time to be determined

2. $1,000 Airfare credit into winner’s account for airfare; winner is responsible for booking their own travel

3. Hotel Accommodations for two (2) nights; hotel to be determined by DraftKings

4. $500 Spending Cash for meals and ground transportation

5. DraftKings Swag Bag

Approximate Retail Value of the Prize: $2,250

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 Chris Wondolowski with 22 fantasy points, and Player B’s highest fantasy point scoring player was DeMarcus Beasley with 17 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 five (5) entries into 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/SOC.

Eligibility

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

Conditions on Claiming Prize

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

Where legal, the finalists and 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; 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 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.

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 MLS 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 “MLS Entities” shall mean Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC (“SUM”), the MLS clubs (“MLS Clubs”), and 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 MLS, SUM or the MLS Clubs and operators, owners, officers, directors, elected officials, Affiliates, members, shareholders, agents, representatives and employees 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 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.

MLS game, event, and exhibition dates and times are determined in the sole discretion of MLS and the MLS Club, as applicable, and may be subject to change. Exact seat locations will be determined by DraftKings. The terms and conditions of the tickets awarded as prizes will govern in the event a game, event or exhibition is not played due to a Force Majeure. Winner and his/her guest agree to comply with all applicable stadium regulations in connection with the Prize.  MLS Club and MLS reserve the right to remove or deny entry to winner and/or his/her guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any MLS game, event or exhibition.  MLS Entities will not be responsible for a Force Majeure, work stoppage or any other event that may cause the cancellation or postponement of any MLS game, event or exhibition.

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.