IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

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

CONTEST DESCRIPTION

DraftKings is pleased to announce an exciting new contest (the “Big Game Contest”) exclusively for DraftKings Players. Contestants will have the opportunity to win a trip for two (2) to Glendale, Arizona for the big game on February 1st, 2015. The trip between January 29th – February 1st includes four night hotel accommodations (one room double occupancy), two (2) lower bowl tickets to the Big Game at University of Phoenix Stadium in Glendale, Arizona; a private party on Thursday; Pre-Game Tailgate Party and Post-Game Party; transportation for two (2) for each event; two (2) gift bags of official merchandise; and Concierge service with access to golf, spa services, car rentals and local attractions (hereinafter, the “Prize”).

The Big Game Contest will consist of three NBA contests, $27 and $200 buy-ins with multiple entries allowed in both.  The first place winner of each of the three contests shall be awarded the Prize.

In the case of a tie for first place in the Big Game 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 Russell Wilson 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 with the most cumulative points throughout the Big Game Contest will be deemed the winner.

MAXIMUM NUMBER OF ENTRIES

The entries per player are unlimited, subject to the cap on the number of spots open in each of the three contests.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the Big Game Contest shall be governed by the DraftKings Terms of Use as well as the contest rules located here: http://www.draftkings.com/help/NBA.

Eligibility

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

Conditions on Claiming Prize

The winners of the Big Game Contest, in order to claim either 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 Big Game Contest in a form reasonably directed by the organizers of the Big Game Contest or other representatives of DraftKings;

Possess appropriate documentation to travel to the destination and attend each event described in the Prize;

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 may reasonably request.

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 winner shall not be entitled to the Prize, or any other prize, compensation or any other consideration whatsoever, and DraftKings will have no further obligation to the winner, as applicable. The player explicitly agrees that by entering the Big Game Contest, the sole prize for winning the Big Game 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 Big Game Contest.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the Big Game 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 supercede 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 Big Game 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 supercede 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 Big Game Contest and by entering the Big Game 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.

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 Big Game Contest or the Prize, or may cancel the Big Game Contest or the Prize altogether.  In such event, DraftKings shall not have any obligation or liability to the winner to provide any substitute prize or compensation, and shall otherwise have no further obligation to the winner.

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 Big Game Contest.

By participating in the Big Game 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.