LOYALTY PROGRAM TERMS & CONDITIONS

1. Program Description. DraftKings Sportsbook is pleased to announce a new limited-time loyalty program (the “Program”) exclusively for selected DraftKings Sportsbook & Casino VIPs. During the Program Term, eligible players may earn points for each full dollar spent on applicable games on the DraftKings Sportsbook platform. Players have until 11:59 PM EST on August 31, 2019 to accumulate points. Players must redeem their points before the end of the Program Term. Points may be redeemed in exchange for the following types rewards (each a “Prize” and if a Prize involves additional costs [e.g. hotel & travel], that Prize and those costs may be referred to collectively as a “Prize Package”):

• Entry into a freeroll contest, the winner of which will receive tickets to the professional football championship game
• Professional football game tickets (date and game at the discretion of DraftKings)
• Attendance at the DraftKings Kickoff Bash Event
• Free bets
• Exciting entertainment tech such as wireless headphones and streaming devices.
• DraftKings merchandise
• Daily Fantasy Sports Contest Entries

The prizes available for redemption shall be listed at the following URL – draftkings.com/rewardsblitz. Points may be accumulated according to the following equivalencies:

GAME
POINTS PER FULL DOLLAR PLAYED
Tables or Video Poker
5
Slots
50
Straight Bets
50
2-Leg Parlay
75

Points only awarded in exchange for each full dollar played. Partial bets that add up to full dollar amounts (i.e. two bets of $1.50) will award points according to the sum of those bets (user in this example would receive points equal to the $3.00 sum of their bets, in accordance with the above chart). User will still acquire points in the event of a tie against the spread, also known as a push. No points awarded for free bets.

The Program will begin August 5, 2019 and will end on August 31, 2019 at 11:59 PM EST (the “Program Term”). The Program will be available to players at draftkings.com/rewardsblitz Players must redeem their points before the end of the Program Term.

In order to redeem their points and claim their prizes, players must contact DraftKings at augustrewards@draftkings.com and provide the following information:
– A request to redeem a certain amount of points for a specified reward. Emails should include the full name of the player to which the DraftKings account is associated, the associated email address, and the player’s DraftKings username.
– DraftKings will respond to this email in a timely manner with confirmation of the point redemption, notification of remaining point balance, and details about when the user may expect to receive their prize.

2. Rules of Play. Except as otherwise stated in or modified by these Terms and Conditions (“Program Rules”), the Contest shall be governed by the DraftKings Terms of Use and Privacy Policy located here: https://www.draftkings.com/terms-of-use.

3. Eligibility. The Program is available only to individual legal residents of the State of New Jersey who: (i) are 21+; (ii) satisfy all other requirements contained herein; and (iii) at all times abide by these Program rules. Prior to any prizes being paid out, all ages of any reward winners may be verified with DraftKings. Employees of DraftKings and each of its respective affiliates, officers, directors, employees, agents, advertising, public relations and promotion agencies, and members of each of their immediate families (i.e., spouses, parents, children and siblings, and their respective spouses) and those living in the same household of each are not eligible for points under the Program. In addition to all other eligibility requirements mentioned herein, the Program is only available to those who have been contacted by DraftKings and specifically invited to participate.

4. Conditions on Claiming Prizes. Where legal, the winners must consent to the following: 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 Program in a form reasonably directed by the organizers of the Program 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 regulated gaming products or 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 their participation in the Program; consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for your participation in the Program; execute other documents as DraftKings may reasonably request; pay all taxes, title, registration fees, and like amounts in connection with the prizes; 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 (the above hereinafter may be referred to collectively as the “Requirements”).

In the event that a participant in the program is not able to meet the Requirements, such participant shall not be entitled to the Prize, Prize Package, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligations to that participant. All participants who wish to redeem points and claim any prize must be able to fulfill the Requirements.

By participating in this Program or accepting a Prize or Prize Package, entrants further acknowledge and agree to the following Prize Package restrictions:
Hotel and Flight Accommodations. Once hotel and flight 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. All incidentals not mentioned within the Prize Package details, including, without limitation, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize Package winner and his/her travel companion.
Incidental Expenses. All other expenses and incidental travel costs not expressly stated in these Terms and Conditions, including but not limited to, hotel costs, 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 Package description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Prize Package winner and their travel companion. The Prize Package winner and their travel companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Conduct. The Prize Package winner and his/her travel companion must follow all instructions of Sponsor or its designees relative to the Prize Package and any element thereof. In the event the Prize Package 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 Package or other applicable experience early, in whole or in part, and send the Prize Package winner and his/her travel companion home with no further compensation. In such event, the Prize Package winner may also be required to reimburse DraftKings for the value of the Prize Package.
THE PRIZE PACKAGE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

All prizes may not be transferred and must be accepted as awarded, and any difference between approximate and actual prize value will not be awarded. A winner may not request cash or a substitute prize. Points accumulated have no cash value and may not be transferred, sold, or otherwise disseminated. DraftKings reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by DraftKings, in its sole discretion. DraftKings to ship the prizes. DraftKings reserves the right to choose to ship the prizes in a means DraftKings finds, in its sole discretion, reasonable. DraftKings may not be liable for any damages, delays, or other issues that occur during the shipping process. However, DraftKings, in its sole discretion, may take reasonable measures to replace any prizes that can be proven to have been lost or damaged during the shipping process.

5. Effect of Program Rules on Terms of Use. The Terms of Use on the DraftKings Website shall apply to the Program and to these Program Rules, and are hereby incorporated herein by reference. These Program 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 Program Rules conflicts with any provision in the Terms of Use, the provision contained in these Program Rules shall apply, and the provision contained in these Program 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 Program Rules that explicitly conflicts with a provision in the Terms of Use shall these Program rules to be deemed to replace or nullify any provision contained in the Terms of Use.

6. Effect of Program Rules on Terms of Use. The Privacy Policy on the DraftKings Website shall apply to the Program and to these Program Rules, and are hereby incorporated herein by reference. These Program 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 Program Rules conflicts with any provision in the Privacy Policy, the provision contained in these Program Rules shall apply, and the provision contained in these Program 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 Program Rules that explicitly conflicts with a provision in the Privacy Policy shall these Program rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

7. Limitation of Liability. The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the Program, and by entering the Program 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.

8. Marketing Disclaimer. By entering the Program, each player agrees to receive communications from DraftKings, subject to opting out when Player so desires.

9. Consent of Use. Each player who enters the Program 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, and voices of the players 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 Player 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.

10. 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 Program, or may cancel the Program altogether.
DraftKings reserves the right to alter these rules and event at any time in DraftKings’ sole discretion upon reasonable notice to you.

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