(last updated 04/02/2024)

DRAFTKINGS HORSE TERMS OF USE

PLEASE CAREFULLY READ THESE DRAFTKINGS HORSE TERMS OF USE BEFORE CREATING A DRAFTKINGS HORSE ACCOUNT OR USING DK HORSE. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THE AGREEMENTS ARE SUBJECT TO A WAIVER OF TRIAL BY JURY.

INTRODUCTION

These DraftKings Horse Terms of Use (the "Terms") solely govern your use of your DraftKings login name and password to access the website and account wagering services provided via www.DKHorse.com (the "Website") and the DK HORSE mobile applications (together with the Website, the "Services") and your creation of a DraftKings account ("DK Account") through the Services. DK Horse LLC ("DK Horse") and its affiliated companies facilitate your creation of a DK Account through the Services and access to the Services using your DraftKings login name and password, however, DK Horse does not operate the Services. Churchill Downs Technology Initiatives Company ("CDTIC") operates the Services, and you acknowledge and agree that the Services are being performed by CDTIC and not DK Horse. By creating a DK Account through the Services or accessing the Services using your DraftKings login name and password, you agree to be, and are bound by these Terms as well as the DraftKings' privacy notice available here (the "Privacy Notice") and all other rules, terms and conditions, policies, and notices applicable to your creation of a DK Account through the Services or applicable to your use of your DraftKings login name and password to access the Services, in each case, that are otherwise communicated to you by DK Horse (the "Other Terms" and together with the Terms and the Privacy Notice, the "Agreements"). The Privacy Notice and Other Terms, as may be amended at any time and from time to time in DK Horse's sole and absolute discretion, for any reason or no reason, are hereby incorporated by reference in their entirety into these Terms.

AGREEMENT TO BE BOUND

By creating a DK Account through the Services or using your DraftKings login name and password to access the Services, you agree to be bound by the Agreements. These Terms only apply to creating a DraftKings account through the Services and accessing the Services using your DraftKings login name and password. These Terms do not apply to your use of the Services, including, without limitation, making a deposit to any advance deposit wagering account on the Services or placing a wager through the Services. Your use of the Services is governed by the Terms and Conditions available by clicking here (the "CDTIC Terms"). These Terms do not apply to or govern your use of any other products and/or services provided by DraftKings or its affiliates, including, without limitation, DraftKings daily fantasy contests, Pick6, DraftKings online sportsbook, DraftKings igaming services, DraftKings Marketplace, or DraftKings Social.

IN THE EVENT YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENTS WITHOUT MODIFICATION, DO NOT CREATE A DK ACCOUNT THROUGH THE SERVICES OR ACCESS THE SERVICES USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD. The Agreements constitute a legal agreement between you and DK Horse LLC.

AGE, RESIDENCY, AND LOCATION

In order to open a DK Account through the Services and/or access the Services using your DraftKings login name and password, you must be, and you represent and warrant that you are, at least eighteen (18) years of age or the age of majority in the event you are a resident of a jurisdiction where the age of majority is over eighteen (18) years of age. Higher age limits may apply to your use of the Services. For the age requirements to use the Services, please see the CDTIC Terms.

To create a DK Account through the Services and/or access the Services using your DraftKings login name and password, you must be a resident of the United States or Canada and physically located in the United States or Canada. There may be additional physical location and/or residence requirements applicable to your use of the Services. For the physical location and/or residence requirements applicable to use of the Services, please see the CDTIC Terms.

YOUR DK ACCOUNT

DK Horse may, in its sole and absolute discretion, refuse to allow you to open a DK Account for any reason, or no reason. When creating your DK Account or accessing the Services using your DraftKings login name and password, you may be asked to provide DK Horse with certain information, including, without limitation, your full legal name, date of birth, social security number, other tax identification number, physical address, e-mail address, and other information or documentation to verify your identity and eligibility. In the event DK Horse requests information from you, you must promptly provide DK Horse with accurate and complete information and must promptly update the information when it changes. You may be required to provide DK Horse with additional information and/or documentation from time to time, as determined by DK Horse in its sole and absolute discretion, for any reason or no reason, including, without limitation, before being able to create a DK Account, before being able to access the Services using your DraftKings login name and password, before receiving promotional prizes, to verify your identity, and to prove that all eligibility requirements were met. Until you provide, and/or in the event you fail to promptly provide, accurate and complete information in response to a request from DK Horse, without limitation and in addition to any other rights and/or remedies available under the Agreements, DraftKings may restrict your ability to access the Services using your DraftKings login name and password, withhold any promotional prizes, suspend your DK Account, or close your DK Account. You consent to have DK Horse confirm your age and identity. In the event of any questions, concerns, or a dispute as to your identity or eligibility, DraftKings may utilize, in its sole and absolute discretion, for any reason or no reason, certain information collected by DK Horse to assist in verifying your identity and/or eligibility.

You may establish only one (1) DK Account through the Services. In the event you already have an account with DraftKings, you may not establish a DK Account through the Services. You may not use or access any other person's DK Account, with or without their consent, allow anyone else to access or use your DK Account, with or without your consent, use any other person's DraftKings login name and password to access the Services, with or without their consent, or allow anyone else to use your DraftKings login name and password to access the Services, with or without your consent. In the event DK Horse believes, for any reason or no reason, that you have opened more than one (1) DK Account, that you have multiple accounts with DraftKings that you are allowing another person to access and/or use your DK Account, that you are using or accessing any other person's DK Account, that you are allowing another person to access the Services using your DraftKings login name and password, or that you are using another person's DraftKings login name and password to access the Services, in addition to any other rights and remedies that DK Horse may have, DK Horse reserves the right to suspend or terminate any or all of your DK Account(s), suspend or terminate your ability to access the Services using your DraftKings login name and password, and/or terminate, withhold, or revoke any promotional prizes awarded to you. For clarity, these Terms shall apply to you in the event you access another person's DK Account or use another person's DraftKings login name and password to access the Services, whether or not you have opened your own DK Account, and such access shall constitute a violation of these Terms. You shall not open a DK Account through the Services on behalf of another individual, including, without limitation, for any individual who is prohibited by applicable law or these Terms from opening a DK Account.

You consent to the monitoring and recording of any communications and geographic location information by DK Horse, its affiliates, and the third-party service providers of each of the foregoing, and you acknowledge, agree, and consent that DK Horse may report your DK Account activity and/or promotional prizes to applicable state, federal, and local authorities in compliance with applicable law.

ACCOUNT LOGIN AND PASSWORD

You are responsible for maintaining the confidentiality of your DraftKings login name and password, and you will not share your DraftKings login name and password with any person or entity. You represent and warrant that you will use best efforts to protect your DraftKings login name and password, including, without limitation, using a unique password for your DK Account and disabling autofill or save password options in your browsers. You should change your password regularly. The method to change or retrieve your DraftKings password is available by clicking here . You are also responsible for locking the device(s) you use to access your DK Account or access the Services using your DraftKings login name and password. You are responsible for all activities, charges, and damages that occur under your DK Account or through access to the Services using your DraftKings login name and password, whether authorized or not. In the event you have reason to believe that someone is using your DK Account or using your DraftKings login name and password to access the Services, you should contact us immediately by sending an email to support@DraftKings.com . DK Horse will not be responsible for any loss, charge, or damage resulting from any unauthorized access to, or use of, your DK Account and/or your DraftKings login name and password to access the Services or your failure to notify DK Horse of any unauthorized access to, or use of, your DK Account and/or your DraftKings login name and password to access the Services, whether or not you were aware of such loss, charge, damage, or unauthorized access. You agree to indemnify and hold harmless DK Horse, its parents, subsidiaries, affiliates, successors, and assigns, as well as the officers, directors, employees, agents, contractors, shareholders, and representatives of any of the foregoing entities (collectively, the "DraftKings Released Parties") from and against all claims, proceedings, liabilities, costs, losses, expenses (including, without limitation, 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 damages as a result of any use of or access to your DK Account and/or use of your DraftKings login name and password to access the Services, including, without limitation, any access, authorized or not, by a third party, arising from your violation of any laws or regulations, negligence or willful conduct, or breach of the Agreements.

DORMANT ACCOUNTS

Your DK Account may be deemed dormant in the event your DK Account has no user-initiated activity for a period of three (3) years. In the event your DK Account is deemed dormant, DraftKings may close your DK Account.

DEPOSITS

YOUR DK ACCOUNT IS SEPARATE AND DISTINCT FROM ANY ADVANCE DEPOSIT WAGERING ACCOUNT FOR THE SERVICES. FUNDS DEPOSITED IN YOUR DRAFTKINGS ACCOUNT ARE NOT USABLE THROUGH THE SERVICES. These Terms do not govern or apply to any deposits you make into your advance deposit wagering account for use through the Services. For information on depositing funds into your advance deposit wagering account, see the CDTIC Terms.

You may not make a deposit into your DK Account through the Services.

CONDITIONS OF ACCESS

You may not create a DK Account through the Services or use your DraftKings login name and password to access the Services in the event:

You are prohibited from creating an Account or using the Services pursuant to any applicable laws, rules, regulations, or other authorized acts;
Your creation of the DK Account or access to the Services using your DraftKings login name and password violates the Agreements;
You are included on any state-wide exclusion list; or
Your creation of a DK Account or use of the Services is prohibited pursuant to a court order or regulatory body or would be in violation of any applicable laws, rules, regulations, or other authorized acts.

DK Horse may suspend access to and use of your DK Account, prohibit you from using your DraftKings login name and password to access the Services, withhold any promotional prizes, and or require return of any promotional prizes awarded in the event DK Horse learns or has reason to believe that you used your DK Account or DraftKings login name and password to access the Services in violation of the Agreements as determined by DraftKings in its sole and absolute discretion, for any reason or no reason. A violation of these Agreements includes, without limitation:

Using your DK Account and/or the Services to engage in any type of fraud, including, without limitation, financial or payment fraud, unauthorized use of credit instruments, multi-currency manipulation, or money laundering;
Engaging in any conduct that is improper, unfair, adverse to the operation of the Services, or in any way detrimental to any other DraftKings customers;
Using your DK Account or accessing the Services using your DraftKings login name and password in any way detrimental to DK Horse or its affiliates or the brand(s) of DK Horse or its affiliates, is disparaging or otherwise portrays DK Horse or its affiliates in a negative light, or has a negative impact of the integrity of DK Horse or its affiliate's products or business operations;
Accessing or using, or allowing any other person or entity to access or use, your DK Account or the Services using your DraftKings login name and password in any manner other than for your own personal, non-commercial benefit;
Abusing your DK Account, use of your DraftKings login name and password to access the services, and/or any bonuses, the refer-a-friend program, or any other offers or promotions in any way;
Tampering with, interfering with, circumventing, or bypassing any systems, controls, risk limits or policies, or security measures of your DK Account or associated with accessing the Services using your DraftKings login name and password; or
Collecting other customer's information for any purpose.

You agree to promptly provide DK Horse with all information requested by DK Horse and provide any other assistance or cooperation in connection with DK Horse's investigation of any suspicious activity. In the event you decline to provide DK Horse with such information or otherwise fail to fully assist and cooperate with DK Horse in connection with any investigation of suspicious activity, you agree to forfeit, waive all claims to, and/or return all promotional prizes associated with suspicious activity.

By creating a DK Account through the Services or using your DraftKings login name and password to access the Services, you agree to be bound by the decisions of DK Horse, which shall be made in DK Horse's sole and absolute discretion, for any reason or no reason, and shall be final and binding in all respects. You agree that you have no inherent or vested right to create a DK Account through the Services and/or to use your DraftKings login name and password to access the Services, that you shall not acquire any such right based on creating a DK Account through the Services or using your DraftKings login name and password to access the Services, and that DK Horse may, in its sole and absolute discretion, for any reason or no reason, suspend or terminate your DK Account or ability to access the Services using your DraftKings login name and password at any time. DK Horse may refuse to allow you to create a DK Account through the Services or use your DraftKings login name and password to access the Services in DK Horse's sole and absolute discretion, for any reason or no reason. In the event you engage in conduct DK Horse deems to be improper, fraudulent, suspicious, cheating, dishonest, or unfair in connection with your DK Account or access to the Services using your DraftKings login name and password, as determined by DK Horse in its sole and absolute discretion, for any reason or no reason, DK Horse, in its sole and absolute discretion, may suspend or terminate your DK Account, refuse to award you any promotional prizes, and/or require you to return any promotional prizes associated with such improper, fraudulent, suspicious, cheating, dishonest, or unfair conduct. The DraftKings Released Parties (as defined in the Account Login and Passwords Section) are not and shall not be liable to you for any suspension or termination of your DK Account, creation of a DK Account through the Services, and/or your ability to use your DraftKings login name and password to access the Services. You further acknowledge and agree that the suspension or termination of your DK Account, ability to create a DK Account through the Services, and/or your ability to use your DraftKings login name and password to access the Services shall in no way prevent DK Horse from pursuing criminal or civil proceedings in connection with your improper conduct.

LIMITATION ON DK HORSE'S RESPONSIBILITIES

The DraftKings Released Parties (as defined in the Account Login and Passwords Section) are not responsible for your use of the Services, any incorrect, invalid, or inaccurate information; human errors; postal delays/postage due mail; technical malfunctions; failures, including, without limitation, public utility, telephone, or Internet outages; omissions, interruptions, deletions, or defects of any telephone or Internet systems or networks, computer online systems, data, computer equipment, servers, providers, or software (including, without limitation, software and operating systems that do not permit you to create a DK Account through the Services or access the Services using your DraftKings login name and password); any injury or damage to your or any other person's computer or video equipment relating to or resulting from your creation of a DK Account through the Services or access to the Services using your DraftKings login name and password; your inability to create a DK Account through the Services or access the Services using your DraftKings login name and password; theft, tampering, destruction, or unauthorized creation of, access to, or alteration of, your DK Account or access to the Services using your DraftKings login name and password; data that is processed late or incorrectly or that is incomplete or lost due to telephone, Internet, or postal issues, computer or electronic malfunction or traffic congestion on telephone lines, transmission systems, or the Internet, or any service provider's facilities; or typographical, printing, or other errors, or any combination thereof.

DK Horse may, in its sole and absolute discretion, for any reason or no reason, suspend and/or terminate your DK Account, your ability to create a DK Account through the Services, and/or your ability to access the Services using your DraftKings login name and password. DK Horse may, in its sole and absolute discretion, for any reason or no reason, require the return of any promotional prizes and/or amounts that were credited to you in error, even in the event you have already withdrawn such amounts, in the event, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason:

there is obvious error associated with your DK Account, your ability to create a DK Account through the Services, and/or your ability to access the Services using your DraftKings login name and password;
any amounts are credited to you in error; and/or
any virus, bug, tampering, error, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, prevents your DK Account or access to the Services using your DraftKings login name and password from properly functioning or operating in accordance with the Agreements.

You must immediately notify DK Horse and cease using your DK Account and/or accessing the Services using your DraftKings login name and password in the event you become aware of any errors related to your DK Account or access to the Services using your DraftKings login name and password, including, without limitation, any funds credited to your DK Account in error. In the event any amounts are credited to your DK Account in error or DK Horse requires the return of any promotional prizes, such amounts and/or promotional prizes are held by you in trust for DK Horse, and you shall promptly return such amounts and/or promotional prizes upon request, even in the event you have already withdrawn such amounts. DK Horse also reserves the right to reclaim from your DK Account any funds credited to your DK Account in error or any promotional prizes required to be returned to DK Horse.

ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE YOUR OR ANYONE ELSE'S DK ACCOUNT IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DK HORSE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You may only create your DK Account through the Services, use your DK Account, and access the Services using your DraftKings login name and password as specified in the Agreements. Failure to comply with the Agreements may result, without limitation, in suspension and/or termination of your DK Account, suspension and/or termination of your access to the Services using your DraftKings login name and password, the withholding of any promotional prizes, and/or the return of any promotional prizes.

GRANT OF LICENSE

Except where prohibited by law, by creating a DK Account through the Services, accessing the Services using your DraftKings login name and password, or accepting any promotional prize, you grant DK Horse and its affiliates the worldwide, perpetual, irrevocable, enterprise wide, royalty-free right to use your name, username, photograph, likeness, statements, biographical information, voice, city and state of residence, and other identifying information in any and all forms of media, now known or hereafter devised, for advertising and promotional purposes related to the Services, DK Horse, and/or DK Horse's affiliates', other products and services without any additional consideration, compensation, notification, review, approval, or permission. You hereby agree to sign any publicity release required by DK Horse.

PROMOTIONS

DK Horse reserves the right at any time to stop offering and/or to cancel any promotions, bonuses, missions, or similar offers at any time.

The Agreements apply to any promotions, bonuses, achievements, or similar offers offered and administered by DK Horse, in each case, in connection with the Services (a "Promotion"). For clarity, not all promotions, bonuses, achievements, or similar offers in connection with the Services are offered and administered by DK Horse and may be offered by CDTIC. Each Promotion may have additional terms, conditions, rules, and/or eligibility requirements associated with it which will be made available or communicated to you. Such additional Promotion terms, conditions, rules, and/or eligibility requirements are hereby incorporated in their entirety into these Terms by reference, including any amendments made to the additional Promotion terms, conditions, rules, and/or eligibility requirements at any time. By participating in any Promotions, including, without limitation, claiming and/or accepting any prize or reward as part of a Promotion, you agree to be bound by all terms, conditions, rules, and/or eligibility requirements associated with the Promotion. In the event you do not agree with all terms, conditions, rules, and/or eligibility requirements associated with a Promotion, do not participate in, or claim and/or accept any prizes or rewards associated with the Promotion. In the event of a conflict between the Agreements and any such separate terms, conditions, or rules for the Promotion, the separate terms, conditions, or rules for the Promotion shall govern, and nothing in the Agreements shall alter, amend, modify, invalidate, or void any term or condition in the separate terms, conditions, or rules for the Promotion. DK Horse reserves the right to prohibit you from participating in any Promotions for any reason or no reason, in DK Horse's sole and absolute discretion. You are solely responsible for reading and understanding the applicable terms, conditions, and requirements applicable to all Promotions that you enter.

All taxes associated with the receipt of any Promotion prizes are the sole responsibility of the winner. DK Horse may report Promotion prizes to the applicable state agency and/or Internal Revenue Service and/or withhold a portion of your Promotion prize(s) based on the gross or net amount of the Promotion prize. DK Horse will remit any portion of your Promotion prize(s) withheld for tax purposes to the Internal Revenue Service and/or the applicable state agency in compliance with applicable law.

In the event the awarding of any Promotion prize is challenged by any legal authority, DK Horse reserves the right to determine, in its sole and absolute discretion, for any reason or no reason, whether or not to award such Promotion prize. In the event you win a Promotion prize over a certain value, and you owe certain amounts to the state, including, without limitation, child support arrearages or unpaid taxes, DK Horse may suspend your DK Account, prevent you from accessing the Services using your DraftKings login name and password, and/or withhold and remit any Promotion prizes, or portion thereof, in accordance with applicable law. No substitution or transfer of any Promotion prize is permitted, except that DK Horse reserves the right, in its sole and absolute discretion, for any reason or no reason, to substitute a prize of equal or greater value. All Promotion prizes are awarded "as is" and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or use for a particular purpose.

For any Promotion prizes involving attendance at an event, experience, and/or travel:

You must follow all policies, instructions, and requirements of DK Horse or any venues while attending or participating in the Promotion prize, and you must follow all health and safety protocols put in place by DK Horse and any hotel, spaces, and/or venues associated with the Promotion prize, which may include vaccination requirements, testing requirements, wearing masks, and social distancing;
DK Horse may prohibit you from participating in or attending the Promotion prize event, or any component of the Promotion prize event in the event you are unable to comply with or violate any health and safety protocols as set forth herein;
You are solely responsible for determining any age requirements for participating in or attending the Promotion prize event, and you acknowledge and agree that DK Horse or any venues may prohibit your participation in or attendance at the Promotion prize event in the event you or your guests (in the event any) do not meet any applicable age requirements;
You shall be responsible and liable for all acts or omissions of you and your guests (in the event applicable) and ensuring that you and your guests comply with all policies, instructions, and requirements of DK Horse and any hotels, spaces, and/or venues associated with the Promotion prize;
DK Horse has the right, in its sole and absolute discretion, for any reason or no reason, to exclude or remove you and/or any of your guests (in the event applicable) from participation in or attendance at the Promotion prize event and/or deny admission to or remove you and/or any of your guests (in the event applicable) from any hotels, venues, or spaces associated with the Promotion prize;
You hereby acknowledge that you and any of your guests (in the event applicable) may be required to sign additional waivers and/or releases related to your participation in or attendance at a Promotion prize event as a pre-condition of your attendance at or participation in such Promotion prize event;
YOU REPRESENT AND WARRANT THAT ATTENDING A PROMOTION PRIZE EVENT IN PERSON IS WHOLLY VOLUNTARY, AND THAT YOU ARE FULLY AWARE OF THE HAZARDS, DANGERS, AND RISKS INVOLVED, INCLUDING SERIOUS INJURY, ILLNESS, AND DEATH. BY ATTENDING A PROMOTION PRIZE EVENT IN PERSON, YOU ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND FURTHER ACKNOWLEDGE AND ACCEPT THE RISKS ASSOCIATED WITH OTHER FACTORS AND OCCURRENCES THAT MAY IMPACT OR AFFECT YOUR HEALTH OR SAFETY, INCLUDING, WITHOUT LIMITATION, THE CORONAVIRUS (ALSO KNOWN AS COVID-19, 2019 NOVEL CORONAVIRUS) PANDEMIC AND OTHER DISEASES, ILLNESSES, VIRUSES, AND CONSEQUENTIAL HEALTH EFFECTS. IN PARTICULAR, YOU UNDERSTAND AND ACCEPT THE RISK THAT ATTENDING A PROMOTION PRIZE EVENT IN PERSON MAY EXPOSE YOU TO ILLNESS, INJURY, OR OTHER HARM, INCLUDING, WITHOUT LIMITATION, EXPOSURE TO COVID-19, WHICH CAN BE SPREAD, AMONG OTHER WAYS, VIA THE AIR, FROM PERSON-TO-PERSON CONTACT, AND/OR BY CONTACT WITH CONTAMINATED SURFACES AND OBJECTS. CONTRACTING COVID-19 CAN CAUSE INJURY, ILLNESS, DEATH, AND/OR DISABILITY, AND MAY REQUIRE OR RESULT IN THE NEED FOR MEDICAL TREATMENT AND/OR MAY RESULT IN A NEED TO QUARANTINE FOR A PERIOD OF TIME. YOUR ATTENDANCE AND PARTICIPATION AT ANY IN-PERSON PROMOTION PRIZE EVENT IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL ASSOCIATED RISK OF BODILY INJURY, DEATH, AND/OR ILLNESS, AND QUARANTINE AND TRAVEL-RELATED EXPENSES;
BY ATTENDING OR PARTICIPATING IN ANY IN-PERSON PROMOTION PRIZE EVENT, YOU UNDERSTAND AND AGREE THAT THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN THE ACCOUNT LOGIN AND PASSWORD SECTION ABOVE) LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ATTENDANCE OR PARTICIPATION IN AN IN-PERSON PROMOTION PRIZE EVENT AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL THE DRAFTKINGS RELEASED PARTIES BE LIABLE TO YOU OR YOUR GUESTS 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 YOUR PARTICIPATION IN OR ATTENDANCE AT AN IN-PERSON PROMOTION PRIZE EVENT, AND/OR YOUR TRAVEL TO AND FROM AN IN-PERSON PROMOTION PRIZE EVENT, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE DRAFTKINGS RELEASED PARTIES 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, OR THEFT OR DESTRUCTION). IN NO EVENT WILL THE DRAFTKINGS RELEASED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY;
By attending or participating in any in-person Promotion prize event, you agree to indemnify, release, and hold harmless the DraftKings Released Parties from any and all liability, claims, actions, proceedings, damages, losses, costs, expenses (including reasonable attorneys' fees, court costs, and other legal expenses, including, without limitation, those costs incurred at the trial and appellate levels), fines, penalties, or settlements of any kind whatsoever, including, without limitation, personal injury, death, or losses to or damage of property, which directly or indirectly arise from, are related to, or are based upon you or your guest's participation in or attendance at an in-person Promotion prize event, and/or your travel to and from an in-person Promotion prize event; and
In the event you or any of your guest(s) are denied entry to, removed from, or otherwise prohibited from attending a Promotion prize event for a violation of the Agreements, DK Horse will not be responsible for providing a replacement promotional prize or otherwise compensating you for your loss of the Promotion prize event.

WITHDRAWAL

FOR CLARITY, YOUR DK ACCOUNT IS SEPARATE AND DISTINCT FROM ANY ADVANCE DEPOSIT WAGERING ACCOUNT FOR THE SERVICES. FUNDS IN YOUR ADVANCE DEPOSIT WAGERING ACCOUNT FOR THE SERVICES CANNOT BE WITHDRAWN THROUGH YOUR DK ACCOUNT. These Terms do not govern or apply to any withdrawals you make from your advance deposit wagering account for the Services. For information on withdrawing funds from your advance deposit wagering account, see the CDTIC Terms.

You may not withdraw funds from your DK Account through the Services.

TERMINATION AND EFFECT OF TERMINATION

You can permanently close your DK Account at any time for any reason by e-mailing support@draftkings.com or through the Login & Security tab of your DK Account.

DK Horse may immediately suspend and/or terminate your DK Account, the ability to access the Services using your DraftKings login name and password, and/or your ability to create a DK Account through the Services at any time and without prior notice, in its sole and absolute discretion, for any reason or no reason. In the event DK Horse terminates your DK Account, DK Horse may refund the balance in your DK Account, minus any unfulfilled bonuses, free entries, or other promotional credits, which shall be deemed forfeited by you. In addition to any other legal or equitable remedy, DK Horse may, without prior notice and in its sole and absolute discretion, for any reason or no reason, immediately close your DK Account, disable your password(s), deny you the ability to access the Services using your DraftKings login name and password, and/or terminate any or all of your rights granted under the Agreements. In such event, you will immediately cease all access to and use of your DK Account and accessing the Services using your DraftKings login name and password. The DraftKings Released Parties (as defined in the Account Login and Passwords Section) shall not be liable to you for any suspension or termination of your DK Account or your ability to access the Services using your DraftKings login name and password.

The closure of your DK Account, termination of your ability to access the Services using your DraftKings login name and password, and/or termination of any or all of your rights granted under the Agreements shall not affect any rights, obligations, and/or liabilities arising prior thereto. All provisions of the Agreements, which, by their express terms or nature, should survive closure of your DK Account, termination of the ability to access the Services using your DraftKings login name and password, and/or termination of any or all of your rights granted under the Agreements, shall survive closure of your DK Account, termination of the ability to access the Services using your DraftKings login name and password, and/or termination of any or all of your rights granted under the Agreements, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitation of liability.

DISCLAIMER OF WARRANTIES

THE INTELLECTUAL PROPERTY (AS DEFINED IN THE INTELLECTUAL PROPERTY SECTION BELOW), YOUR CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, AND THE FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM YOUR DK ACCOUNT OR ACCESS TO THE SERVICES USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." YOUR CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES AND YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES IS AT YOUR SOLE RISK. THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN THE ACCOUNT LOGIN AND PASSWORDS SECTION) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND COVENANTS, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DRAFTKINGS RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICES, THE INTELLECTUAL PROPERTY, YOUR DK ACCOUNT, OR ACCESS TO THE SERVICES USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD; (B) THE CONTENT AND SOFTWARE ON, IN CONNECTION WITH, AND PROVIDED THROUGH, YOUR CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, YOUR DK ACCOUNT, OR ACCESS TO THE SERVICES USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, OR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES; (D) THE MESSAGES AND INFORMATION SENT FROM DK HORSE OR BY ANY CUSTOMERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS OR SERVICES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION IN CONNECTION WITH YOUR DK ACCOUNT, THE CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, OR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES. DRAFTKINGS DOES NOT WARRANT THAT YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, OR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, ANY OF THE FUNCTIONS THEREON OR IN CONNECTION WITH, OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR LOCATION OR TIME; THAT DEFECTS WILL BE CORRECTED; OR THAT YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, OR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES ARE NOT OPERATED OR PROVIDED BY THE DRAFTKINGS RELEASED PARTIES. BY CREATING A DK ACCOUNT THROUGH THE SERVICES OR USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES YOU HEREBY RELEASE, HOLD HARMLESS, COVENANT NOT TO SUE, AND FOREVER DISCHARGE THE DRAFTKINGS RELEASED PARTIES 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 YOUR USE OF THE SERVICES.

THE DRAFTKINGS RELEASED PARTIES DO NOT WARRANT THAT YOUR CREATION AND USE OF YOUR DK ACCOUNT AND/OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND, IN ANY EVENT, THE DRAFTKINGS RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY CREATING A DK ACCOUNT THROUGH THE SERVICES AND/OR USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU CREATE OR USE YOUR DK ACCOUNT OR USE YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES

INDEMNIFICATION

By creating a DK Account through the Services, using your DraftKings login name and password to access the Services, or accepting any Promotion prizes, you agree to indemnify, release, and hold harmless the DraftKings Released Parties (as defined in the Account Login and Passwords section) from any and all liability, claims, actions, proceedings, damages, losses, costs, 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), fines, penalties, or settlements of any kind whatsoever, including, without limitation, personal injury, death, or losses to or damage of property, which directly or indirectly arise from, are related to, or are based upon: (i) your use of the Services, your DK Account, and/or, your DraftKings login name and password to access the Services; (ii) traveling to or participating in any events or activities related to a Promotion prize; (iii) your receipt, ownership, use, or misuse of any Promotion prize and your or your guests' attendance at and/or participation in any Promotion prize event, including, without limitation, any travel to or from, any Promotion prize related activity; (iv) your breach of the Agreements; (v) your use of the Services, your DK Account, and/or use of your DraftKings login name and password to access the Services in violation of any laws, rules, government orders, or regulations; (vi) your use of the Services, your DK Account, your DraftKings login name and password to access the Services, or Intellectual Property in a manner that violates, infringes upon, or otherwise misappropriates any patents, copyrights, trademarks, intellectual property rights, publicity rights, rights of privacy, or any other third party rights; (vii) your rights of publicity or privacy; and (viii) use of any information you submit to DK Horse or its affiliates, including, without limitation, any false or misleading information provided by you or any misrepresentations made by you ((i) through (viii) "Indemnification Claims"). Without waiving any rights under this section, DK Horse reserves the right, without your consent, to control the settlement and/or defense of any Indemnification Claims. You agree to provide DK Horse with any cooperation, assistance, and/or information requested by DK Horse in connection with DK Horse's settlement or defense of any Indemnification Claims. You will not, without DK Horse's prior written consent, enter into any settlement agreements in relation to any Indemnification Claims or make any statements or admissions or take any action that prejudices the defense of any Indemnification Claim.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN THE ACCOUNT LOGIN AND PASSWORDS SECTION) LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR USE OF YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, AND YOUR USE OF THE SERVICES AS SET FORTH BELOW, 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). UNDER NO CIRCUMSTANCES SHALL THE DRAFTKINGS RELEASED PARTIES 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 (I) USE OF YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, YOUR USE OF THE SERVICES, OR THE INTELLECTUAL PROPERTY; (II) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF YOUR DK ACCOUNT, CREATION OF A DK ACCOUNT THROUGH THE SERVICES, OR YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DK HORSE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR DK ACCOUNT, YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, OR USE OF THE SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATIONS OF YOUR DK ACCOUNT, CREATION OF YOUR DK ACCOUNT THROUGH THE SERVICES, OR YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, IN EACH CASE OF (I) THROUGH (V), EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE DRAFTKINGS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL THE DRAFTKINGS RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOU IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY CLAIMS.

IN THE EVENT YOU ARE DISSATISFIED WITH YOUR DK ACCOUNT AND/OR YOUR USE OF YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING YOUR DK ACCOUNT AND YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE DRAFTKINGS RELEASED PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICES, CREATION OF A DK ACCOUNT THROUGH THE SERVICES, USE OF DRAFTKINGS LOGIN NAMES AND PASSWORDS TO ACCESS THE SERVICES, OR ANY CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DK HORSE OR ITS AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE SERVICES, CREATION OF A DK ACCOUNT THROUGH THE SERVICES, USE OF DRAFTKINGS LOGIN NAMES AND PASSWORDS TO ACCESS THE SERVICES, OR ANY CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DK HORSE OR ITS AFFILIATES, AND ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY CREATING A DK ACCOUNT THROUGH THE SERVICES OR USING YOUR DRAFTKINGS LOGIN NAME AND PASSWORD TO ACCESS THE SERVICES, 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

All text, information, layout, software, scripts, data, technology, graphics, photos, sounds, music, videos, other copyrightable material, interactive features, designs, instructions, the look and feel of the DK Account and compilation and arrangement of information on the DK Account, and the like and the trademarks, trade dress, product names, service marks, logos, trade names, trade identities, and other intellectual property rights contained therein (the "Intellectual Property"), are owned by or licensed to DK Horse or its affiliates, and is protected by copyright, trademark, patent, and other intellectual property rights under United States and foreign laws and international conventions. DK Horse grants to you a limited, non-transferable, fully revocable, non-sublicensable, non-exclusive right to create a DK Account through the Services, the ability to access the Services using your DraftKings login name and password, and the Intellectual Property for your personal, non-commercial use only, and your creation of a DK Account through the Services, the ability to access the Services using your DraftKings login name and password, and the Intellectual Property 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 DK Horse which may be withheld or revoked in DraftKings sole and absolute discretion, for any reason or no reason. You will not decompile, reverse engineer, modify, create derivatives of, disassemble, or attempt to access the source code of your DK Account or any content therein. You may not remove or alter any trademark, trade names, product names, logos, copyrights, or other proprietary notices, legends, symbols, or labels on your DK Account or the Services. DK Horse reserves all rights not expressly granted in and to your DK Account, use of your DraftKings login name and password to access the Services, and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property, other than as expressly permitted herein. In the event you download or print a copy of any depiction, implementation, or embodiment of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. DK Horse may, in its sole and absolute discretion, for any reason or no reason, immediately terminate or suspend your right to use any Intellectual Property. You agree not to circumvent, disable, or otherwise interfere with any features or controls that prevent or restrict use or copying of any Intellectual Property.

CONSENT TO JURISDICTION IN MASSACHUSETTS, CHOICE OF LAW, ATTORNEY'S FEES

The Agreements shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, 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 Massachusetts. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims, causes of action, or controversies arising out of or relating to the Agreements, the breach thereof, your DK Account, or use of your DraftKings login name and password to access the Services ("Claims") shall be the courts of competent jurisdiction sitting within Boston, Massachusetts (the "Forum"). You hereby irrevocably waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. In the event that you initiate a proceeding involving a Claim other than in the Forum, you agree that DK Horse shall recover from you all attorneys' fees and expenses reasonably incurred in enforcing the Forum to which you and DK Horse have herein agreed. You irrevocably waive any and all rights to trial by jury with respect to any Claims.

TIME BAR

You agree, to the maximum extent permitted by applicable law, that any and all Claims you have must be commenced within one (1) year from the date the cause of action for such Claim accrues, or you irrevocably waive such Claim and are forever barred from asserting such Claim.

MISCELLANEOUS

Nothing in the Agreements shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.

The Agreements, your DK Account, and any rights granted to you under the Agreements, may not be assigned, pledged, sublicensed, or otherwise transferred by you, either voluntarily or by operation of law, to any third party without DK Horse's prior written consent, which may be withheld in the sole and absolute discretion of DK Horse, for any reason or no reason. DK Horse reserves the right to assign, sublicense, pledge, or otherwise transfer the Agreements, your DK Account, and any of DK Horse's rights or obligations under the Agreements, in each case, in whole or in part, to any affiliate of DK Horse or any third party, without your consent or notice to you, in DK Horse's sole and absolute discretion, for any reason or no reason.

DK Horse has no control over, assumes no responsibility for, and makes no warranties, express or implied, related to the content, privacy, performance, or practices of any third party websites. In addition, DK Horse will not and cannot censor or edit the content of any third party site. By creating a DK Account through the Services or using your DraftKings login name and password to access the Services, you expressly relieve the DraftKings Released Parties (as defined in the Account Login and Password Section above) from any and all liability arising from your use of any third party website. DK Horse encourages you to be aware when you visit any third party website and to read the terms and conditions and privacy policy of each other website that you visit. Your use of any third party websites is at your sole risk.

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

Any waiver of a term or condition in the Agreements must be in writing signed by the party waiving such term or condition. No waiver of any term or condition of the Agreements shall be deemed a further or continuing waiver of such term or any other term, and DK Horse's failure to assert any right or provision under the Agreements shall not constitute a waiver of such right or provision. In the event any term of the Agreements is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be enforced to the maximum extent permissible, and all other terms of the Agreements shall remain in full force and effect.

DK Horse reserves the right to amend the Agreements at any time, and without notice to you, in its sole and absolute discretion, for any reason or no reason. It is your responsibility to review the Agreements for any changes prior to creating a DK Account through the Services or accessing the Services using your DraftKings login name and password. Any amendments to the Agreements will be effective and binding upon the posting of the amended Agreements. Your continued use of your DK Account or your DraftKings login name and password to access the Services after DK Horse amends the Agreements shall be deemed your acceptance and agreement to the amended Agreements. In the event you do not agree to or accept the amended Agreements, you must close your DK Account by e-mailing support@draftkings.com or through the Login & Security tab of your DK Account and stop using your DraftKings login name and password to access the Services.

DK Horse shall not be liable for or deemed in default of the Agreements due to any delay or failure by DK Horse to comply with any provision of the Agreements due to any cause beyond DK Horse's control including, without limitation, acts of God, acts of nature, acts of Government or other competent regulatory or executive authority, war or national emergency, riots, civil commotion, fire, explosion, flood, lightning, extremely severe weather, epidemic, pandemic, or lock-outs, strikes, and other industrial disputes.

Creating a DK Account through the Services and accessing the Services using your DraftKings login name and password from your wireless device may cause you to incur data or other charges from your wireless carrier. You are solely responsible for any carrier charges associated with creating a DK Account through the Services and accessing the Services using your DraftKings login name and password from your wireless device.