DRAFTKINGS FREE TO PLAY SECOND CHANCE BRACKET PRESENTED BY STATE FARM CONTEST

OFFICIAL RULES

IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS FREE TO PLAY SECOND CHANCE BRACKET PRESENTED BY STATE FARM CONTEST IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES ("Rules") BEFORE ENTERING THE DRAFTKINGS FREE TO PLAY SECOND CHANCE BRACKET BY STATE FARM CONTEST. THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

A. Rules and Eligibility

1. The DraftKings Free to Play Second Chance Bracket by State Farm Contest (“Contest”) is a “pick ‘em” tournament offered by DK Crown Holdings Inc. (“DraftKings”) which will begin at the start of the first Men’s 2023 Division 1 NCAA College Basketball Tournament Sweet Sixteen game (tentatively scheduled for March 23, 2023) (“Tipoff”) exclusively for DraftKings customers who enter the Contest pursuant to these Rules (each a “Contestant” and, collectively, “Contestants”). The Contest will be administered and scored according to these Rules.

2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, you agree to be bound by, and subject to, these Rules, and the DraftKings Privacy Notice (available at: https://myaccount.draftkings.com/documents/privacy-notice) (the “DraftKings Privacy Notice”). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Notice. In addition to other remedies provided in these Rules, your failure to comply with these Rules may, among other things, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined in Section D(2) below) as determined by DraftKings in its sole discretion.

3. BY ENTERING OR PARTICIPATING IN THE CONTEST YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO OR PARTICIPATION IN THE CONTEST AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE "COMPANY ENTITIES"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE CONTEST, THESE RULES, YOUR ENTRY INTO OR PARTICIPATION IN THE CONTEST; (2) THE PROMOTIONS, CONTENT, PRODUCTS, AND SERVICES ON DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATIONS OR YOUR UPLOADED CONTENT; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATIONS; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (6) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR PERFORMANCE OF DRAFTKINGS.COM AND/OR THE DRAFTKINGS MOBILE APPLICATIONS, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION). IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT SHALL APPLY TO FULLEST EXTENT IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY CONTESTANT'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ENTRY AND PARTICIPATION IN THE CONTEST IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE CONTEST. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES ,OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF ANY OF THE COMPANY ENTITIES, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE CONTINUATION OF THE CONTEST OR ANY EXPLOITATION OF YOUR UPLOADED CONTENT OR ANY WEBSITE, SERVICES, OR OTHER PROPERTY OWNED OR CONTROLLED BY ANY OF THE COMPANY ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE CONTEST, ANY DRAFTKINGS WEBSITE, OR OTHER PROPERTY OR YOUR UPLOADED CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE CONTEST, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

4. DraftKings reserves the right to amend these Rules or the DraftKings Privacy Notice at any time, and it is your responsibility to review these Rules and the DraftKings Privacy Notice for any changes. By entering into or by participating in the Contest after we change these Rules, or the DraftKings Privacy Notice, you accept all changes thereto. Any change in the structure of the Prize (as defined below) may be made prior to Tipoff.

5. DraftKings reserves the right to change, modify, suspend, delay, or cancel this Contest at any time. In the event DraftKings cancels this Contest prior to Tipoff, no prizes will be awarded. In the event the Contest is terminated after Tipoff, Prizes will be awarded based on the then prevailing standings as of the date and time of termination of the Contest.

6. DraftKings reserves the right, in its sole discretion, to exclude any individual(s) or remove any Contestant(s) from participation in the Contest, disqualify any Contestant from winning or receiving a Prize, or request a Contestant return any Prize(s) awarded for any reason including, but not limited to, instances where DraftKings determines, in its sole and absolute discretion, that there are irregularities, fraudulent activities, or abuses occurring in connection with the Contest, the Contestant, or the Contestant’s entry or selections. By entering or participating in the Contest, you acknowledge and agree that DraftKings has the right, in its sole and absolute discretion, and for any reason or no reason at all, to exclude you from participating in the Contest, disqualify you from winning or receiving any Prize(s), or request that you return any Prize(s) awarded to you, and by entering into or participating in the Contest, you agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against the Company Entities, as it relates to DraftKings’ decisions under this Section A(6).

7. To be eligible to enter and participate in the Contest, each Contestant must: (i) be the owner of the DraftKings account under which entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules and the DraftKings Privacy Notice; (iii) be at least eighteen (18) years of age (unless the Contestant is located in a jurisdiction where the age of majority is over eighteen (18) years of age, in which case the Contestant must be at least the age of majority in that jurisdiction) as of the date of Contest entry; (iv) not be self-excluded from online gaming; (v) not be excluded from play on any DraftKings website or mobile application; (vi) be a U.S. or Canadian resident (excluding the province of Ontario) and be physically located in the fifty (50) U.S. states, Washington DC, or Canada (excluding the province of Ontario) at the time of Contest entry; and (vii) be physically located in any of the fifty (50) U.S. states, Washington DC, or Canada (excluding the province of Ontario) while participating in the Contest.

8. By entering or participating in the Contest, Contestants: (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the Contest; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ reasonable requests, including, but not limited to requests for information; (v) agree, at all times while participating in the Contest, to use their best efforts to uphold the good name, image, and reputation of DraftKings and to refrain from making any statements or engaging in conduct that could damage or bring into disrepute the name, image, and/or reputation of DraftKings; and (vi) agree, at all times while participating in the Contest, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation. In the event a Contestant engages in behavior that, as determined by DraftKings in its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right, in its sole and absolute discretion, to revoke or reclaim the Contestant’s Prize (if any). In such event, and without limiting any other rights of DraftKings, the Contestant may also be required to reimburse DraftKings for the Prize.

  B. Entry into the Contest

1. To enter the Contest, individuals must officially register through their DraftKings account, either at https://sportsbook.draftkings.com/pools, or https://www.draftkings.com/pools, or on the DraftKings mobile application. Individuals can enter the Contest through the Pools Lobby. The entry registration period will open on 12:01 a.m. Eastern Prevailing Time on March 18, 2023 and close at the start of the first Sweet Sixteen game of the Men’s NCAA 2023 Division 1 College Basketball Tournament, which is tentatively scheduled for March 23, 2023) (the “Entry Period”). All entries received outside of the Entry Period shall automatically be deemed void and ineligible for entry into the Contest. The Contest has no entry fee. Contestants may make only one (1) entry per person into the Contest. There is no maximum number of Contestants who may enter the Contest.

C. Operation of the Contest

1. The Contest begins at the start of the first Men’s NCAA 2023 Division 1 College Basketball Tournament Sweet Sixteen game and concludes at the end of the tournament which shall be when the final Men’s 2023 NCAA Division 1 college basketball championship game (tentatively scheduled for April 3, 2023) concludes (the “Contest Period”). The odds of winning will depend on entrants’ skill and ability to choose the winners of eligible basketball games based on the winning team for that game. Contestants shall earn points by selecting the winners of each basketball game during the Contest Period. Contestants shall receive zero (0) points for unpicked games or incorrect picks. Contestants shall receive the corresponding amount of points per correct pick within each round of the tournament based on the table below:

Tournament Round    Points Received per Correct Pick

Sweet 16                    10 points

Elite 8                          20 points

Final 4                         40 points

Championship            80 points

2. Game picks can be made and modified until the start of the first game of the Contest Period (i.e., the first Men’s 2023 NCAA Division 1 College Basketball Tournament Sweet Sixteen game). If the start time of the first Men’s 2023 NCAA Division 1 College Basketball Tournament Sweet Sixteen game is officially changed, that change will be reflected in the pool. All Contest picks will lock at the start of the first Men’s 2023 NCAA Division 1 College Basketball Tournament Sweet Sixteen game (i.e., Tipoff), and Contestants will not be able to modify any picks after Tipoff. The only way to submit picks for the Contest is to use the DraftKings website or mobile app. Picks for the Contest cannot be submitted by email, phone, or in person. Picks for the Contest cannot be made by any individual other than the owner of the DraftKings account that registered for the Contest (i.e., no proxy play allowed). In the event the selected team’s game is delayed, suspended, rescheduled, or postponed, it must later be completed before the end of the Men’s 2023 NCAA Division 1 College Basketball tournament in order for its results to count towards the Contest standings. If the game is not completed within that time and it is selected by a user, it will count as a loss and the Contestant will receive zero (0) points for such pick.

3. DraftKings will provide a public Contest board, which will record all selections made by each Contestant. A Contestant’s selection will not appear on the public Contest board until all selections have locked. Contestants’ usernames will be posted to the public Contest board.

  D. Contest Winner and Prizes

1. The “Prize Pool” for the Contest is twenty thousand dollars ($20,000).

2. Contestants are eligible, subject to these Rules, to win a portion of the Prize Pool (“Prize”) based on their finishing position in the Contest. Finishing positions shall be ranked based on the total number of points a Contestant accumulates during the Contest with the most points accumulated finishing first (1st) and continuing downwards. The payouts awarded to each finishing position shall be based on the below table.

*The prize amounts shown assume there are no ties, and Prize amounts may vary based on tied positions. Please see the tie breaker procedures.

3. In the event more than one (1) Contestants finish in the same finishing position (i.e., has the same number of points), the Contestant tied for that finishing position will evenly split the Prize associated with that finishing position. As an example only, in the event five (5) Contestants tie for first place, each of the five (5) players will receive one hundred dollars ($100).

4. In order to claim a Prize, the Prize winner(s) agree to promptly execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfillment. In the event a Prize winner is not able to meet or violates these Rules, as determined by DraftKings in its sole and absolute discretion, that Prize winner may not be entitled to the Prize, or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole and absolute discretion, and DraftKings will have no further obligation to that Prize winner. DraftKings shall not be obligated or liable to provide a Prize winner(s) with a substitute prize or item or similar or equal value in the event a Prize winner(s) cannot comply with these Rules. Contestant explicitly acknowledges and agrees that by entering the Contest, the sole prize for becoming a Prize winner in the Contest is to win the Prize. A Prize winner's failure to fulfill any requirements in these Rules shall constitute a disclaimer by the Prize winner of the Prize, or any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

5. The Prize winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability (including but not limited to all federal, state, municipal, and local taxes, fees, and other government assessments associated with the Prize or the Contest) is the sole responsibility of the Prize winners.

6. ALL PRIZES ARE 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.

  E. Miscellaneous Terms and Conditions

1. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims, or controversies arising out of or relating to the Contest, these Rules, the DraftKings Privacy Notice, or any other matter between DraftKings and Contestant shall be the state or federal courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and each Contestant waives any argument that such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. These Rules shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.

2. The DraftKings Privacy Notice shall apply to the Contest and to these Rules and is hereby incorporated herein by reference. These Rules are intended to be a supplement to the DraftKings Privacy Notice and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Notice. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Notice, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Privacy Notice unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Notice, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Notice. A Contestant’s information will be used subject to the DraftKings Privacy Notice and these Rules. Contestants understand and acknowledge that their selections for the Contest, once locked, shall be made public and displayed on the Contest board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.

3. By entering the Contest, each Contestant agrees to receive communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.

4. To the extent permitted by applicable law, by entering or participating in the Contest, each Contestant 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 Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings, whether in connection with the administration of the Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings or the Contest. Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to DraftKings without further authorization, compensation, or remuneration of any kind.

5. All references to time of day contained herein refer to the Eastern Time Zone.

6. In the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the Contest, or may cancel the Contest altogether. As used herein, "Force Majeure Event" shall mean the interruption of or material interference with DraftKings' ability to hold the Contest or to grant the Prize by any cause or occurrence not within DraftKings' reasonable control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., COVID-19), 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 the Contest is canceled due to a Force Majeure Event prior to Tipoff, no Prizes will be awarded. In the event the Contest is canceled due to a Force Majeure Event after Tipoff, Prizes will be awarded based on the then current standings as of the date and time of cancellation of the Contest.

7. By participating in the Contest, you agree to release, discharge, indemnify, protect, defend and hold harmless the Company Entities from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable outside attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with: (i) your entry or participation in the Contest; (ii) your acceptance, use, or misuse of the Prize; or (iii) your access, use, or misuse of any of the websites or applications of Company Entities. The Website may contain links to third party websites that are not owned or controlled by DraftKings.

8. DraftKings is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit a Contestant to participate in the Contest), including without limitation any injury or damage to any Contestant's or any other person's computer or video equipment relating to or resulting from participation in the Contest; inability to access any DraftKings website or mobile app; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

9. DraftKings is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any reason the Contest is not capable of running as originally planned, or if the Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to the Contest in accordance with these Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by Contestants, fraud, technical failures, or any other causes of any kind, in the sole and absolute opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, DraftKings reserves the right, at its sole and absolute discretion, to disqualify any Contestant implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All entries become the property of DraftKings and will not be acknowledged or returned.

10. Employees of DraftKings or State Farm or any of their affiliates, parents, or subsidiaries may not participate in the Contest. Entries to the Contest cannot be transferred, refunded, or canceled by the Contestant. DraftKings is not responsible for any website performance issue, including, but not limited to those that result in a delay, deletion, or prevention of participation in the Contest, selection for the Contest, or any other negative impact to the Contestant in conjunction with the Contest.

The best interests of the Contest and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant. DraftKings shall have discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.