DraftKings Sportsbook Jingle Ball Terms and Conditions

DRAFTKINGS SPORTSBOOK Z100 JINGLE BALL SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND THE UNITED STATES. ONLY OPEN TO LEGAL RESIDENTS OF NEW YORK, NEW JERSEY, OR CONNECTICUT, AND YOU MAY ONLY ENTER WHILE PHYSICALLY LOCATED IN NEW YORK, NEW JERSEY, OR CONNECTICUT.

1. Promotion: DraftKings Sportsbook Z100 Jingle Ball Sweepstakes (“Promotion”).

2. Sponsor: DK Crown Holdings Inc., 222 Berkeley St., 5th Floor, Boston, MA 02116 (“Sponsor”).

3. Acknowledgement: As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by these DraftKings Sportsbook Z100 Jingle Ball Sweepstakes Official Rules (“Official Rules”), the DraftKings General Rules (“General Rules”), and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and you agree to fully and unconditionally waive any right to claim ambiguity in the Promotion, the Official Rules, or the General Rules. The General Rules are attached as Exhibit A to these Official Rules and are incorporated herein by reference.

4. Entry Period: The Promotion begins at 12:01:01 a.m. on November 21, 2022 and ends at 11:59:59 p.m. on December 1, 2022 (the “Entry Period”). All references to time of day contained in these Official Rules refer to the Eastern Time Zone. Sponsor’s computer shall be the official clock for all purposes of the Promotion.

5. Eligibility: The Promotion is open only to individual legal residents of New York, New Jersey, or Connecticut who, at the time of opt-in entry into the Promotion: (i) are at least twenty-one (21) years of age; (ii) are physically located in New York, New Jersey, or Connecticut at the time of opt-in entry into the Promotion; and (iii) do not have and have never had a DraftKings Sportsbook account or any other DraftKings account (such as, by way of example only, a DraftKings Daily Fantasy Sports account) prior to their opt-in entry into the Promotion. Entrants must at all times during the Promotion abide by and satisfy all requirements in these Official Rules and the General Rules. Employees, officers, and directors of Sponsor and iHeartMedia + Entertainment, Inc. (“iHeart”) and each of the foregoing’s affiliates, agents, and advertising, public relations, and promotion agencies, the judges of the Promotion, and members of each of the preceding’s immediate families (i.e., spouses, parents, children and siblings, and their respective spouses) and those living in the same household are not eligible to enter the Promotion. Any person who is listed on any U.S. state gaming self-exclusion list is not eligible to enter the Promotion.

6. How To Enter: There is only one (1) method of entry for the Promotion. You must sign-up for a DraftKings Sportsbook account and, during the sign-up process, enter the promo code for the Promotion that is announced during commercials referencing the Promotion aired on iHeart New York radio stations. To create a DraftKings Sportsbook account, visit https://sportsbook.draftkings.... and click the “Sign Me Up” button. Creating a DraftKings Sportsbook account is free. If you enter the correct promo code where prompted during the sign-up process, you will be opted-in to the Promotion. Any entry received outside of the Entry Period will be deemed ineligible.

Limit one (1) entry per person. Not open to anyone who, prior to opt-in, has or has ever had a DraftKings Sportsbook account or any other DraftKings account (such as, by way of example only, a DraftKings Daily Fantasy Sports account) prior to their opt-in entry into the Promotion. Anyone found to be using multiple accounts to enter the Promotion will be deemed ineligible for the Promotion, and all of his or her entries may be deemed void. Automated and/or third-party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address or DraftKings account. Any attempt by any entrant to obtain entries by using multiple and/or different identities, forms, registrations, addresses, or any other method will void all of such entrant’s entries, and such entrant may be disqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address. Sponsor shall not be liable for any problems that occur during the entry process, including, without limitation, late, incomplete, delayed, undelivered, undeliverable, or misdirected entries, and Sponsor shall not have any obligation to advise an entrant of a late, incomplete, delayed, undelivered, misdirected, or invalid submission or entry. Proof of sending or submission or entering the promo code for the Promotion will not be deemed to be proof of receipt by Sponsor. No illegible, incomplete, forged, or altered entries will be accepted. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the DraftKings account used to enter will be deemed to be the proper entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win.

7. Prizes and Odds of Winning: Odds of winning depend on the number of eligible entries received during the Entry Period. Subject to verification of eligibility and compliance with these Official Rules and the General Rules, one (1) grand prize winner of the Promotion will receive one (1) prize consisting of two (2) tickets to Z100’s Jingle Ball, to be held on December 9, 2022 at Madison Square Garden in New York (ARV: $500.00).

Any and all applicable federal, state and local taxes and all fees and expenses (including but not limited to any travel, transportation, or lodging expenses) related to acceptance and use of prize(s) not specifically stated herein are the sole responsibility of the winner. Prizes cannot be substituted, assigned, transferred (including any sale on the secondary market), or redeemed for cash by the winner; however, Sponsor reserves the right to make equivalent prize substitutions at its discretion. Sponsor will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. In the event, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described in these Official Rules from among all eligible claimants making purportedly valid claims, in order to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of prize delivery due to unforeseen circumstances or circumstances outside of its control. Additional restrictions, conditions, and limitations may apply.

Any other expenses or items not specifically listed, including but not limited to, transportation, accommodations, meals, parking and souvenirs, are the responsibility of winner and/or winner’s guest(s). If a guest(s) is a minor, the minor guest(s) must be accompanied by their parent or legal guardian. If the ticketed event or any portion thereof is postponed, rained out, canceled, or for other reasons beyond the Sponsor’s and iHeart’s control does not occur, the Sponsor and iHeart will not be responsible for replacing the ticketed portion of prize. Tickets are subject to certain terms and conditions specified thereon, and seat locations (if any) are as solely determined by iHeart. Lost or stolen tickets will not be replaced. The Sponsor and iHeart shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the venue operator, prize provider or any other persons providing any prize-related services. If travel delays, cancellations or difficulty prevent arrival in time for the event, the Sponsor and iHeart are not responsible for awarding any compensation in lieu thereof. Tickets must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Winner must present state authorized identification prior to being awarded the prize. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If prize is forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all space availability requirements established by the venue. Winner and guest(s) must comply with all applicable laws, and any rules and regulations established by the venue. Sponsor and/or iHeart and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest(s)) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the event or in any other objectionable behavior. Winner agrees that acceptance of the prize is done so entirely upon their own initiative, risk, and responsibility.

FOR PRIZE-RELATED EVENTS: COVID-19 Release and Waiver: Winner understands and agrees that attending an event, in connection with the prize, will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such attendance. Winner acknowledges that, notwithstanding the safety precautions taken by the venue, and other providers of services related to the prize, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), iHeart may be compelled to modify, postpone or cancel the event. In all cases, winner releases and agrees to hold harmless Sponsor and iHeart (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor (as well as the other Released Parties), have any liability in excess of the above-indicated ARV of the prize.

The prize winner and guest(s) must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated).

8. Selection of Winners: On or around December 2, 2022, Sponsor will randomly select the potential winner from among all eligible entries received during the Entry Period. The potential winner will be notified by email from iHeart to the email address associated with the potential winner’s DraftKings Sportsbook account. The prize will be provided by iHeart. The potential winner hereby consents to Sponsor sharing the potential winner’s name and email address with iHeart in order to facilitate fulfillment of the prize by iHeart.

The winner email will be sent to the potential winner on or around December 2, 2022. This email may contain instructions for the potential winner on how to confirm their eligibility as required in Section 4 of Exhibit A, below, and to claim the prize. The prize must be claimed by the potential winner within twenty-four (24) hours. Any prize not claimed by the potential winner within such time period may be deemed forfeited in Sponsor’s sole and absolute discretion. In the event that the prize is forfeited, an alternate potential winner may be selected.

9. Disclaimer: As a condition of participating in the Promotion, you agree and acknowledge that iHeart and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “iHeart Entities”) are not sponsors of the Promotion. All questions regarding the Promotion must be directed to Sponsor, not the iHeart Entities. You also agree that as a condition of participating in the Promotion, you shall release the iHeart Entities from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Promotion, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.

10. Questions: In the event you have any questions regarding the Promotion, send an email to support@draftkings.com with the subject line “DraftKings Sportsbook Z100 Jingle Ball Sweepstakes”. No email answer pursuant to the foregoing may replace, amend, or otherwise change these Official Rules or the General Rules.

11. Winners List: For any legally required winners’ list, send a self-addressed stamped envelope (unless otherwise prohibited by local law) to DraftKings, 222 Berkeley St., 5th Floor, Boston, MA 02116, Attn: DraftKings Sportsbook Z100 Jingle Ball Sweepstakes Winners List. All such requests must be received within three (3) months after the end of the Promotion.

THE INFORMATION YOU PROVIDE WILL ONLY BE USED IN ACCORDANCE WITH THESE OFFICIAL RULES, THE DRAFTKINGS GENERAL RULES, AND SPONSOR’S PRIVACY NOTICE (AVAILABLE AT https://www.draftkings.com/help/privacynotice). ANY INFORMATION PROVIDED BY SPONSOR TO IHEART WILL ONLY BE USED IN ACCORDANCE WITH IHEART’S PRIVACY NOTICE (AVAILABLE AT: https://www.iheart.com/content/privacy-and-cookie-notice/ AND PARTICIPANTS CONSENT TO SUCH USE.

EXHIBIT A

DRAFTKINGS GENERAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Conflict Between Rules: These DraftKings General Rules apply to the Promotion offered by Sponsor unless modified or superseded by the Official Rules. In the event that any provision of the Official Rules conflicts with any provision of the General Rules, the terms of the Official Rules shall prevail with respect to such matter. Sponsor reserves the right to interpret the rules of the Promotion in its sole discretion, and such interpretation shall be binding upon all participants.

2. Entry Restrictions: Any forms of entry other than those described in the Official Rules, including, but not limited to, multiple submissions, submissions using a false identity, submissions made by/on behalf of another individual, or submissions made through the use of a device or artifice to generate multiple submissions are void. False or deceptive submissions or acts may render an entrant ineligible to participate in the Promotion, and Sponsor reserves the right to disqualify any entrant from the Promotion who attempts to undermine the legitimate operation of the Promotion, acts in a disruptive manner, or violates these General Rules or the Official Rules. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the DraftKings Username associated with the entry. Sponsor reserves the right to require entrants to show proof of being the authorized account holder. All entries become the property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.

3. Selection of Winners: The potential winner(s) for the Promotion will be determined from all eligible entries received during the Entry Period. The potential winner(s) of the Promotion will be notified according to the Official Rules for the Promotion.

4. Winner Verification: Potential winner(s) are subject to verification of eligibility and compliance with these General Rules and the applicable Official Rules. Except where prohibited by law, potential prize winner(s) may be required to complete and return an affidavit of eligibility and liability and publicity release (“Affidavit”) within the time period set forth in Sponsor’s notification. In the event a potential prize winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted or a winner notification or Affidavit is returned as undeliverable; (ii) declines or cannot accept, receive, or use a prize for any reason; (iii) does not respond within any specified or applicable time periods; (iv) is found to be ineligible to enter the Promotion or receive a prize; (v) cannot or does not comply with these General Rules and/or the applicable Official Rules; or (vi) fails to fulfill the Affidavit-related obligations, such potential prize winner may be disqualified from the Promotion and an alternate potential prize winner may be selected, at Sponsor’s sole discretion, even if the disqualified potential prize winner’s name has been publicly announced. If Sponsor decides to select an alternate potential prize winner, the alternate will be determined from all eligible entries received during the Entry Period and notified according to the Official Rules for the Promotion. Sponsor reserves the right to repeat this process until an alternate potential prize winner complies with all eligibility and verification requirements. Sponsor also reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate prize winner, if any, in its sole discretion.

POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION, ANY CHANGES TO THESE GENERAL RULES OR THE OFFICIAL RULES, AND THE SELECTION AND VERIFICATION OF THE POTENTIAL PRIZE WINNER ARE FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE PROMOTION.

5. Prize Restrictions: Each prize will be awarded only if the potential prize winner fully complies with these General Rules and the applicable Official Rules. All prize details are at the sole discretion of Sponsor, and any depiction of the prizes, in promotion materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement, or cash equivalent for a prize will be made. Sponsor reserves the right, at its sole discretion, to substitute any prize for another prize of equal or greater value for any reason.

Sponsor shall have no responsibility or obligation to a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize their prize. In the event of non-compliance with these General Rules or the Official Rules, or if a prize is unclaimed or returned as undeliverable, the prize will be forfeit. A forfeited prize may be awarded to an alternate potential prize winner, at Sponsor’s sole discretion. Taxes and fees associated with a prize, if any, are the sole responsibility of the prize winner. Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.

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.

6. Publicity Rights and Use of Personal Information: Except where prohibited by law, by participating in the Promotion offered by Sponsor or accepting a prize, you grant Sponsor and/or Sponsor’s designees the right to use your name, photograph, likeness, statements, biographical information, voice, city and state address, and other identifying information for advertising and promotional purposes for the promotion in which you participated as well as any other advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification, or permission. By participating in the Promotion offered by Sponsor or accepting a prize, you acknowledge that you will be sharing your personal information with Sponsor and you agree that Sponsor may use your personal information for marketing and other purposes. You may opt out of notices from Sponsor regarding future promotional or marketing offerings by following the opt-out procedure prescribed by DraftKings.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNER’S LIST.

7. Choice of Law and Disputes: The Promotion will be governed by the internal laws of the Commonwealth of Massachusetts. Any and all legal actions or claims arising in connection with the Promotion must be brought in a court of competent jurisdiction within the Commonwealth of Massachusetts. Except where prohibited by law, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; (iii) no punitive, incidental, special, consequential, or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (iv) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.

8. Conditions of Participation and Limitations of Liability: By participating in the Promotion offered by Sponsor, each entrant accepts the conditions stated in these General Rules and the applicable Official Rules, agrees to be bound by the decisions of Sponsor, and warrants that he or she is eligible to participate in the Promotion.

By participating in the Promotion, entrants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, its respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the Promotion, and each of its and their directors, employees, officers, and agents from and against any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion, including without limitation (i) the administration of the Promotion, including, but not limited to, typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the selection of winners, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials and/or (ii) entrants’ participation in the Promotion offered by Sponsor, their acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy, liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize, or participation in any prize-related activities.

Sponsor reserves the right at its sole discretion to disqualify any individual who is found to be (i) acting in violation of these General Rules and the applicable Official Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten, or harass any other person.

Sponsor reserves the right to amend these General Rules or the Official Rules at any time, and it is your responsibility to review these General Rules or the Official Rules for any changes. By participating in the Promotion or accepting a prize after we change these General Rules or the Official Rules, you accept all changes thereto.

Sponsor may reschedule, delay, postpone, alter, or modify the Promotion, or cancel the Promotion altogether, in the event Sponsor determines, in its sole discretion, that a Promotion cannot be continued with as contemplated. Without limiting the foregoing, in the event of a Force Majeure Event (as defined below), Sponsor may reschedule, delay, postpone, alter, or modify the Promotion, or may cancel the Promotion altogether. As used herein, "Force Majeure Event" shall mean the interruption of or material interference with Sponsor's ability to hold, execute, or administer the Promotion and/or to grant a prize by any cause or occurrence not within Sponsor's 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 that the Promotion is terminated or cancelled for any reason whatsoever, the approximate retail value of the prize(s) will be awarded to the extent required by law.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OFFERED BY SPONSOR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Privacy Policy: Entrants may receive email correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy notice, available at https://www.draftkings.com/help/privacynotice. Any questions regarding privacy matters should be directed to the address set forth in the applicable Official Rules for important information regarding the collection, use, and disclosure of personal information by Sponsor.

10. OPT-OUT: If you do not wish to receive any further notices from Sponsor regarding future promotional or marketing offerings, send an email to privacy@draftkings.com.