(last updated 12/19/23)

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DRAFTKINGS SPORTSBOOK

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING DRAFTKINGS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

USER AGREEMENT

DraftKings ("DraftKings" or the "Company") owns and operates the website that links to these Terms of Use ("Website"). DraftKings is pleased to offer you access to the Website and the ability to participate in the online sports betting, other content, products, services, and promotions (collectively the "Services") made available from the Website while you are physically located in the Commonwealth of Kentucky, subject to these Terms of Use (the "Terms of Use", or "Terms"), the Privacy Notice available here (the "Privacy Notice"), the DraftKings Sportsbook House Rules (including the Market Rules and Sport Specific Limits) available at https://sportsbook.draftkings.com/help/general-betting-rules/general-rules, the Sport Rules available at https://sportsbook.draftkings.com/help/sport-rules/athletics (the Sport Rules together with the DraftKings Sportsbook House Rules, the "Rules" or "Rules and Scoring", and the Rules, together with the Terms of Use, the "Agreements"). The Player Disconnection Policy (subject to change from time to time) is available at https://sportsbook.draftkings.com/help/disconnect-policy.

MOBILE APPLICATION

These Agreements shall also apply to the use of the DraftKings Sportsbook Mobile Application ("Mobile Application") when you are physically located in the Commonwealth of Kentucky. These Terms of Use are intended to be in addition to the End User License Agreements, available at https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply, and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.

CONSIDERATION

You agree to these Agreements by accessing or using the Website, registering for the Services offered on the Website, or by accepting, uploading, submitting, or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE AGREEMENTS, DO NOT USE THE WEBSITE OR SERVICES. These Agreements constitute a legal agreement between you and DraftKings, and shall apply to your use of the Website and the Services even after termination.

ELIGIBILITY

You must be at least eighteen (18) years of age to open an account with DraftKings ("Account") and use the Services. You must also be physically located in the Commonwealth of Kentucky in order to place a wager through the Services offered on the Website or to win prizes offered by the Website. You consent to have DraftKings confirm, monitor, and record your age, identity, and location.

You may establish only one (1) Account per person to participate in the Services offered on the Website. DraftKings may refuse to establish an Account for you in the event DraftKings has good and sufficient reason. In the event DraftKings discovers that you have opened more than one Account per person, in addition to any other rights that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke the awarding of any winnings and prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account. The method to change or retrieve your password is located at https://sportsbook.draftkings.com/myaccount/login-and-security. You can choose the strength of your authentication by following the process located under the "Account Management and Responsible Gaming" tab at https://sportsbook.draftkings.com/help/faq.

It shall be a violation of these Terms of Use to allow any other person to use your Account. If you have reason to believe that someone is using your Account without your permission, you should contact us immediately at https://www.draftkings.com/help/contact-us. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

There are certain Federal prohibitions and restrictions regarding Internet gaming (i.e. 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§5361 through 5367 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of the Commonwealth of Kentucky to engage in Internet wagering through a Kentucky operator. The availability of the Services does not constitute an offer, solicitation, or invitation by us for the use of the Services outside the Commonwealth of Kentucky. DraftKings shall not be liable for any breach of any local, national, federal, state, or other laws that may occur as a result of your use of the Services.

Your account may be deemed "Dormant" if you have not logged in for a period of two (2) years. If your account is deemed "Dormant", DraftKings will close the account and any remaining funds will be considered abandoned and remitted in accordance with the laws of the Commonwealth of Kentucky.

"Authorized Account Holder" is defined as the natural person eighteen (18) years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method on the Website, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder. DraftKings may refuse to accept any deposit in the event DraftKings has good and sufficient reason to refuse to accept the deposit or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of applicable law.

In the event any of your deposits are charged back, any winnings, rewards, credits, and/or other bonuses or promotional offers generated in connection with the charged back deposit shall be invalidated, forfeited by you, and deducted from your Account balance. In the event that any deposit made by you is canceled or does not clear for any reason, including, without limitation, a charge back or not being honored by your financial institution, you agree to forfeit such deposit, and DraftKings may and reserves the right to: (i) invalidate and/or deduct the deposit amount from your Account; (ii) charge you a service charge or debit such service charge from your Account; (iii) suspend and/or close your Account; and/or (iv) recover the funds using any other appropriate means, including, without limitation, utilizing a collection agency (that DraftKings will need to share your personal information with), which may have a detrimental impact on your credit rating. You are responsible for and agree to reimburse DraftKings for any and all reasonable claims, fees, fines, penalties, costs, and related expenses associated with any canceled or charged back deposits, including, without limitation, any fees or expenses related to a collection agency engaged by DraftKings.

DraftKings employees, officers, and directors ("Employees") as well as those who reside within the same household as an Employee, are not permitted to play in Games hosted on the Website.

An Authorized Account Holder shall not register an account or play in any Games on behalf of another individual or for any other person who is otherwise prohibited by applicable law to register an account or play in any Games.

GAME ENTRY

Users will be able to visit the Website and view the betting markets offered by DraftKings (the "Game" or collectively, the "Games"). When you place your wager, the listed amount of US dollars will be debited from your DraftKings Account.

REFUND POLICY

Deposits made on the Website will appear on your statement as DRAFTKINGS. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered. Any deposits made using a credit card may be treated as a cash advance and be subject to additional fees.

CONDITIONS OF PARTICIPATION

By entering a Game, entrants agree to be bound by these Agreements and the decisions of DraftKings, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Game, void wager(s), suspend or terminate your Account, refuse to award benefits or prizes, and/or require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair, or otherwise adverse to the operation of the Game or is in any way detrimental to other entrants. These Agreements prohibit entering a Game if the entrant is:

In addition, conduct that would be deemed improper also includes, but is not limited to:

You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Game or accepting any prize, entrants, including without limitation the winner(s), agree to indemnify, release, and to hold harmless DraftKings, its parents, subsidiaries, affiliates, agents, advertising and promotion partners, and service providers, as well as the officers, directors, employees, shareholders, representatives, successors, and assigns of any of the foregoing entities (collectively, the "Released Parties") from any and all liability, claims, or actions of any kind whatsoever, including without limitation injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Game, the receipt, ownership, use, or misuse of any prize, or while preparing for, participating in, and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. DraftKings may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.

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, without limitation software and operating systems that do not permit an entrant to participate in a Game), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Game or use of the Website; inability to access the Website, or any web pages that are part of or related to the Website; 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.

DraftKings is not responsible for incomplete, illegible, misdirected, or stolen entries. If for any reason a Game is not capable of running as originally planned, or if a Game, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Game in accordance with these Agreements, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Game, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action, to void wager(s), or to cancel, terminate, extend, modify, or suspend the Game. If such cancellation, termination, modification, or suspension occurs, notification will be posted on the Website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME 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.

To be eligible to enter any Game or receive any prize, the Authorized Account Holder may be required to provide DraftKings with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, DraftKings will, in its sole and absolute discretion, utilize certain information collected by DraftKings to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in each Game must be made only as specified in these Agreements. Failure to comply with these Agreements will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution, and/or exploitation of any Game or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner, and continuing until such time when DraftKings informs them that they no longer need to do so, that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.

GAME PRIZES AND PROMOTIONS

Prizes will only be awarded if a Game is run. We reserve the right to cancel Games at any time and to void wager(s). In the event of a cancellation, all entry fees will be refunded to the Account except as specifically provided in these Agreements.

RESPONSIBLE GAMING

The Company reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company shall also permit the Authorized Account Holder to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Authorized Account Holder and exclude such Authorized Account Holder.

You may set responsible gaming limits and self-exclude, and you have the right to suspend your account for no less than 72 hours. In the event you self-exclude or in the event of involuntary exclusion, all pending bets or wagers placed prior to your exclusion will remain active. More detailed information can be found at https://sportsbook.draftkings.com/help/responsible-gaming.

OTHER LEGAL RESTRICTIONS

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GAME STATISTICS AND LIVE SCORING

To the extent that DraftKings offers "live" statistics during gameplay, all "live" statistics and other information provided through the Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Games. While DraftKings and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the DraftKings Website and related information sources. DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

GAME RESULTS

To the extent applicable, Game results and prize calculations are based on the final statistics and scoring results at the completion of the last sports game of each individual Game. Once Game results are reviewed and graded, prizes are awarded. The scoring results of a Game will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in DraftKings' sole and absolute discretion.

DraftKings reserves the right, in its sole and absolute discretion, to deny any customer or participant the ability to participate in Games for any reason whatsoever. Further, DraftKings may, in its sole and absolute discretion, invalidate any head-to-head Game result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

In the event of any malfunction, all pays are void.

PRIZES

Subject to the Company verifying your compliance with these Agreements and other conditions of participation, at the conclusion of each Game, the Company shall use commercially reasonable efforts to award the winnings and/or prizes within a reasonable amount of time.

PAYMENT AND WITHDRAWAL OF PRIZES

Before making any payment, DraftKings may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Game and is otherwise in compliance with these Agreements and may require an entrant to provide documentation or proof of eligibility and compliance with these Agreements. In the event DraftKings requests that an entrant completes and executes such an affidavit and/or provide documentation, and the entrant fails to do so within seven (7) days, or DraftKings otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Agreements, DraftKings reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, DraftKings may pay out any withheld or revoked prizes to the other entrants in the relevant Game in a manner consistent with the Rules.

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or provide appropriate tax forms and/or forms of identification, including, without limitation, a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by DraftKings in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Agreements in any manner.

Promotional deposits, credits, and other bonuses may not be withdrawn from your Account.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. You consent to receive your DraftKings related tax information, including, without limitation, Forms 1099 and W-2G, electronically, which information will be securely hosted by DraftKings and accessible by you through your player account page for at least seven (7) calendar years following the year to which the information relates. Your consent to receive tax information electronically will be effective until withdrawn. Your electronic tax information will be furnished on a downloadable PDF, which you should be able to access and print using a standard PDF reader (such as Adobe Acrobat Reader) on a computer or mobile device. You may contact DraftKings at support@draftkings.com in the event you cannot access your electronic tax information or to request a paper copy of your tax information. Requesting a paper copy of your tax documents will not be considered a withdrawal of your consent for paperless delivery.

In the event you do not consent to receive your tax information electronically, you must notify DraftKings at support@draftkings.com , and a paper copy will be provided. In the event you wish to revoke your consent to receive your tax information electronically, you may do so at any time by contact DraftKings at support@draftkings.com to arrange for all of your post-revocation tax information to be provided to you in paper form.

In order to update your contact information, you may edit it within your Account or request changes by emailing us at support@draftkings.com .

In the event that the awarding of any prize(s) to winners of Games is challenged by any legal authority, DraftKings reserves the right in its sole discretion to determine whether or not to award such prize(s).

No substitution or transfer of any prize is permitted, except that DraftKings reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Funds in your Account do not belong to DraftKings and shall not be available to creditors of DraftKings other than you. Player funds are kept in a segregated account which will not be commingled with other funds, including DraftKings' funds.

Players who believe that funds held by, or their accounts with, DraftKings have been misallocated, compromised, or otherwise mishandled, may register a complaint with DraftKings, by e-mailing support@draftkings.com or in writing to DraftKings, 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116. DraftKings shall use reasonable efforts to respond to such complaints within five (5) days. If DraftKings determines that the relief requested in the complaint will not be granted, its response will set forth the specific reason(s) therefore. If more information is required for DraftKings to process the complaint, the response will note the form and nature of the necessary additional information needed. You consent to have DraftKings monitor and record any communications you have with DraftKings.

A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored within ten (10) business days unless DraftKings has good and sufficient reason to refuse the withdrawal or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of applicable law. A request for withdrawal will be considered honored if it is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their Account at any time for any reason through the DraftKings customer service department. In the event you win a cash prize after you have closed your Account, DraftKings will distribute such cash prize to you within seven (7) days unless DraftKings has good and sufficient reason to not distribute the funds or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of applicable law.

Players can obtain a copy of their Account statements by emailing customer service at sportsbook@draftkings.com.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, DraftKings may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Website. DraftKings may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Agreements which by their nature or express terms should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Unless there is a pending investigation or dispute related to your Account, DraftKings may also suspend or close your Account at any time. In the event your account is suspended, any pending bets or wagers will remain active.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON OR PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM OR ACCESSED THROUGH THE WEBSITE, INCLUDING THOSE SENT BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE AGREEMENTS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS, OR ASSIGNS OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), 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 WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS 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, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS 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 PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE AGREEMENTS. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'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 ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND/OR ASSIGNS OR ANY INFORMATION UPLOADED BY YOU. YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY, ANY INFORMATION UPLOADED BY YOU, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, 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.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like and the trademarks, service marks, and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS, for your information, for personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DraftKings reserves all rights in and to the Website and the Intellectual Property not expressly granted under these Agreements. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness, and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in DraftKings' sole and absolute discretion, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in account suspension or termination.

DraftKings respects your ownership of User Submissions. If you owned a User Submission before providing it to DraftKings, you will continue owning it after providing it to DraftKings, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, the Company's general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if DraftKings made use of your User Submission before you deleted it, DraftKings will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your Account will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, DraftKings has no obligation to monitor User Submissions, and you agree that neither the Company nor its parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, DraftKings does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

CONSENT TO JURISDICTION IN KENTUCKY, ATTORNEYS' FEES

The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims, or controversies arising out of or relating to these Agreements, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (together "Claims") shall be the courts of competent jurisdiction sitting within the Commonwealth of Kentucky (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and DraftKings waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing these Agreements and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Agreements shall be governed by the internal substantive laws of the Commonwealth of Kentucky, without respect to its conflict of laws principles or any other law or regulation that would permit or require the application of the substantive laws of any jurisdiction other than the Commonwealth of Kentucky. Any claim or dispute between you and DraftKings that arises in whole or in part from these Agreements, the Website, or any Game shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Kentucky.

If you have a question or complaint regarding the Services, please contact us directly at sportsbook@draftkings.com.

Nothing in these Agreements shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in the Services or using the Website, you agree to indemnify, protect, defend, and hold harmless DraftKings, its parents, subsidiaries, affiliates, and divisions, and the directors, officers, employees, agents, representatives, successors, and assigns of any of the foregoing (the "DraftKings 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 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 your breach of these Agreements, your use of the Website, any payment methods used, any funding of your Account, and/or your participation in any Services. The Website may contain links to third party websites that are not owned or controlled by DraftKings. DraftKings has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DraftKings will not, and cannot, censor or edit the content of any third party site. By using the Website, you expressly relieve the DraftKings Entities from any and all liability arising from your use of any third party website. Accordingly, DraftKings encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in these Agreements shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and DraftKings.

Third parties that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, accessed through, or sent from the Website.

No waiver of any term of these Agreements shall be deemed a further or continuing waiver of such term or any other term, and DraftKings' failure to assert any right or provision under these Agreements shall not constitute a waiver of such right or provision.

DraftKings reserves the right to amend these Agreements at any time and without notice, and it is your responsibility to review these Agreements for any changes. If you continue to use the Services or Website after the Company amends these Agreements, you accept all changes. The failure of DraftKings to comply with any provision of these Agreements due to any cause beyond DraftKings' control including, without limitation, acts of God, acts of government, executive or judicial action, acts of a competent regulatory authority, war or national emergency, riots, civil commotion, fire, explosion, flood, lightning, extremely severe weather, epidemic, pandemic, lock-outs, strikes, or other industrial disputes will not be considered a breach of these Agreements.

MasterCard and Visa have contracted and granted a license to DKUK Services LTD with its registered address at C/o Jeffrey Green Russell Limited Waverly House 7-12 Noel Street, W1F 8GQ UK, incorporation number C 74501 for credit card acquiring processing purposes.

DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES, AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT, OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS, OR LABELS ON THE WEBSITE.