Last updated 01/26/2024

DRAFTKINGS PICK6 TERMS OF USE

IMPORTANT! PLEASE CAREFULLY READ THESE DRAFTKINGS PICK6 TERMS OF USE BEFORE USING DRAFTKINGS PICK6 SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THE AGREEMENTS (AS DEFINED IN THE INTRODUCTION SECTION) ARE SUBJECT TO A WAIVER OF TRIAL BY JURY.

INTRODUCTION

DraftKings Pick6 is a peer-to-peer daily fantasy sports contest format offered by DK Crown Holdings Inc. (“DraftKings” or "Company") where participants compete against each other by building a lineup of athletes in a single sport and selecting whether or not each of their chosen athletes will outperform a statistical projection during real-world sporting events (“Pick Set”). DraftKings owns and operates the website https://www.pick6.draftkings.com/ (the “Website”) and the DraftKings Pick6 mobile application (“Mobile Application,” and the Mobile Application together with the Website, the “DraftKings Platform”). These DraftKings Pick6 Terms of Use (the “Terms of Use”) govern all aspects of your access and use of the DraftKings Platform; placing any entries through the DraftKings Platform; and the contests, content, products, features, tools, promotions, and other services offered through the DraftKings Platform (collectively, the “Services”).

AGREEMENT TO BE BOUND

By visiting the Website or downloading the Mobile Application, in each case, regardless of whether or not you create or have an Account (as defined in the Age and Physical Location section below), registering for the Services, and/or using the Services, you agree to be bound by these Terms of Use; DraftKings’ privacy notice available by clicking here (the “Privacy Notice”); and all other rules, terms and conditions, policies, and notices applicable to the DraftKings Platform, the Services, or any offers, promotions, or bonuses offered on or through the DraftKings Platform or Services that are posted on or through the DraftKings Platform or Services or that are otherwise communicated to you, as may be amended at any time from time to time, and all of which are hereby incorporated by reference into these agreements in their entirety (the “Other Terms”, and together with the Terms of Use, the "Agreements"). The Agreements do not apply to or govern your use of other products and/or services provided by DraftKings or its affiliates, including, without limitation, DraftKings non-Pick6 daily fantasy sports contests, DraftKings online sportsbook, DraftKings igaming services, DK Horse, 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 USE OR ACCESS THE DRAFTKINGS PLATFORM OR THE SERVICES. The Agreements constitute a legal agreement between you and DraftKings and shall apply to your access and use of the DraftKings Platform and the Services, even after closure of your Account, termination of the offering of the Services, or termination of any or all of your rights granted under the Agreements.

AGE AND PHYSICAL LOCATION

In order to open an account on the DraftKings Platform (“Account”), use the Services, enter and participate in the contests offered through the Services (the "Contests"), or be awarded prizes through the DraftKings Platform and/or Services, you must be, and you represent and warrant that you are, at least eighteen (18) years of age except in the event you are physically located in Nebraska, in which case you must be, and you represent and warrant that you are, at least nineteen (19) years of age. It may be a criminal or civil offense for any person to use the Services or for any person to allow any other person to use the Services, in each case, who does not meet the age requirements set forth herein.

Individuals physically located in the jurisdictions listed at https://pick6.draftkings.com/where-is-pick6-available (collectively, "Eligible Jurisdictions") are eligible to open an Account and use the Services. These Terms of Use incorporate by this reference the list of Eligible Jurisdictions located at https://pick6.draftkings.com/where-is-pick6-available. DraftKings may update, amend, or modify any webpages or websites listing the Eligible Jurisdictions in its sole discretion, for any reason or no reason, without notice. In the event you are physically located outside of an Eligible Jurisdiction, you may be able to access and view the DraftKings Platform; however, you will not be able to, and must not, use the Services, including, without limitation, for purposes of entering any Contests, while you are physically located outside of the Eligible Jurisdictions. In the event you use the Services, including, without limitation, entering any Contests, while you are physically located outside of the Eligible Jurisdictions, your use of the Services shall be void and any prize awards resulting from such use of the Services are invalid and forfeited by you to DraftKings and will be deducted from your Account balance. In the event you have already withdrawn any voided and/or forfeited prize awards from your Account, you agree you shall promptly return such amounts and/or prizes upon request. These Terms of Use apply to your access and use of the DraftKings Platform, including any content on the DraftKings Platform, in the event you are accessing or using the DraftKings Platform while you are physically located outside of the Eligible Jurisdictions. You agree to abide by all applicable laws in the jurisdiction where you are located while accessing and/or using the DraftKings Platform and/or Services.

YOUR ACCOUNT

DraftKings may, in its sole and absolute discretion, refuse to allow you to open an Account for any reason, or no reason. When creating your Account or using the Services, you may be asked to provide 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 DraftKings requests information from you, you must promptly provide DraftKings with accurate and complete information and must promptly update the information when it changes. You may be required to provide DraftKings with additional information and/or documentation from time to time, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, including, without limitation, before entering a Contest, before making a deposit or withdrawal in connection with your Account, before receiving 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 DraftKings, without limitation and in addition to any other rights and/or remedies available under the Agreements, DraftKings may withhold any prizes, restrict your ability to withdraw from and/or deposit into your Account, suspend your Account, or close your Account. You consent to have DraftKings 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 DraftKings to assist in verifying your identity and/or eligibility.

You may establish only one (1) Account. You may not use or access any other person’s Account, with or without their consent, or allow anyone else to access or use your Account, with or without your consent, including, without limitation, entering Contests on behalf of another individual, using another person’s Account to enter Contests, accessing another individual’s Pick Set, Contest, or Account information, and/or allowing anyone else to do any of the foregoing with respect to your Account. In the event DraftKings believes, for any reason, that you have opened more than one (1) Account, that you are allowing another person to access and/or use your Account, or that you are using or accessing any other person’s Account, in addition to any other rights and remedies that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your Account(s), cancel any of your pending Contest entries, and/or terminate, withhold, or revoke any prizes awarded to you. For clarity, these Terms of Use shall apply to you in the event you access another person’s Account, whether or not you have opened your own Account, and such access shall constitute a violation of these Terms of Use. You shall not open an Account on behalf of another individual, including, without limitation, for any individual who is prohibited by applicable law or these Terms of Use from opening an Account or using the Services.

You consent to the monitoring and recording of any communications and geographic location information by DraftKings, its affiliates, and the third-party service providers of each of the foregoing, and you acknowledge, agree, and consent that DraftKings may report your Account activity and/or 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 Account login name and password, and you will not share your Account login name and password with any person or entity. You represent and warrant that you will use best efforts to protect your Account login name and password, including, without limitation, using a unique password for your Account and disabling autofill or save password options in your browser. You should change your password regularly. The method to change or retrieve your password is available by clicking here. You are also responsible for locking the device(s) you use to access the DraftKings Platform. You are responsible for all activities, charges, and damages that occur under your Account, whether authorized or not. In the event you have reason to believe that someone is using your Account, you should contact us immediately by sending an email to support@DraftKings.com. DraftKings will not be responsible for any loss, charge, or damage resulting from any unauthorized access to, or use of, your Account or your failure to notify DraftKings of any unauthorized access to, or use of, your Account, whether or not you were aware of such loss, charge, damage, or unauthorized access. You agree to indemnify and hold harmless DraftKings, 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 Account by any third party, including, without limitation, any access, authorized or not, arising from your violation of any laws or regulations, negligence or willful conduct, or breach of the Agreements.

DORMANT ACCOUNTS

Your Account may be deemed dormant in the event your Account has no user-initiated activity for a period of three (3) years. In the event your Account is deemed dormant, DraftKings may close your Account, and any remaining funds in your Account will be considered abandoned and remitted in accordance with your resident jurisdiction’s unclaimed property laws, in the event applicable.

INTEREST PAYMENTS

In the event DraftKings or its affiliates receive any interest payments related to funds held in your Account, DraftKings or its affiliates will be solely entitled to such interest payments. DraftKings and its affiliates are not responsible for, and shall not owe you, any interest earned on funds held in your Account. For clarity, this includes interest earned on funds held in your Account during periods where your Account is restricted by DraftKings in accordance with these Terms of Use.

DEPOSITS

Your Account may be funded through multiple deposit options depending on the jurisdiction in which you are physically located while making the deposit. DraftKings accepts all major debit cards, and, depending on the jurisdiction in which you are physically located while making the deposit, DraftKings may also accept major credit cards (including Visa, MasterCard, Discover, and/or American Express), Pay Pal, Venmo, and/or gift cards (including DraftKings specific cards, Visa, MasterCard, and/or American Express). For more information on deposits, see the Deposits section of the DraftKings Help Center available by clicking here .

Deposits made to your Account will appear on any statements associated with the deposit method as DRAFTKINGS. You hereby affirm that you are the lawful owner of the payment method used to make any deposit(s) or withdrawals to or from your Account and that the funds deposited are not connected to any illegal sources or activity. Making a deposit to or withdrawal from your Account using any payment method that you are not the lawful owner of or depositing any funds into your Account connected to any illegal sources or activity is a violation of these Terms of Use.

You will not attempt to reverse (or “charge back”) a deposit made into your Account, including by causing a third party to reverse a deposit made into your Account. In the event DraftKings receives notice that any of your deposits are charged back, cancelled, do not clear, or are not being honored by your financial institution, your Account access may be immediately restricted, and any prizes, rewards, credits, and/or other bonuses or promotional offers generated in connection with the charged back deposit or deposit that is cancelled or did not clear, shall be invalidated, forfeited by you, and deducted from your Account balance. Additionally, you agree that any funds associated with a charged back deposit or deposit that is cancelled or did not clear that you have withdrawn from your Account are the property of DraftKings and shall be immediately returned to DraftKings. In the event that any deposit made by you is charged back, canceled, or does not clear, including, without limitation not being honored by your financial institution, you agree to forfeit the 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 (including, without limitation, reasonable attorneys fees, costs, and expenses) associated with any canceled or charged back deposits, including, without limitation, any fees or expenses related to DraftKings’ collection efforts and/or a collection agency engaged by DraftKings.

Your Account deposits and any cash prizes in your Account are held by a legally separate and distinct subsidiary of DraftKings Inc. Funds held by the legally separate and independent subsidiary do not belong to DraftKings, shall not be comingled with other funds of DraftKings, and shall not be available to creditors of DraftKings, except for players with funds held by the legally separate and independent subsidiary. Withdrawals from your account, including, without limitation, checks, may bear the name of DK Player Reserve LLC.

In the event you believe that your funds held in your Account have been misallocated, compromised, or otherwise mishandled, you may register a complaint with DraftKings by e-mailing support@draftkings.com or by writing to DraftKings, 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116. DraftKings shall use reasonable efforts to respond to such complaint within ten (10) days of DraftKings receiving the complaint. In the event DraftKings determines that the relief requested in the complaint will not be granted, DraftKings’ response to you will set forth the specific reason(s) therefor. In the event additional information is required for DraftKings to process the complaint, DraftKings’ response will note the form and nature of the additional information needed.

CONDITIONS OF PARTICIPATION

You may not use the DraftKings Platform and/or the Services, including, without limitation, entering any Contests, in the event:

  • You are prohibited from using the Services pursuant to the laws, rules, regulations, or other authorized acts of the jurisdiction in which you are physically located while using the DraftKings Platform and/or the Services;
  • Your use violates the Agreements;
  • You accessed or had access, knowingly or otherwise, to any pre-release information, confidential information, or any other information that is not publicly available and, DraftKings determines, in its sole and absolute discretion, for any reason or no reason, that it provides or could provide you an advantage, including, without limitation, knowing the outcome of an event, knowledge of violations of governing rules, or having any information from a sports governing body (i.e., pre-release injury information);
  • An employee or operator, or an Immediate Family Member of an employee or operator, of any third party daily fantasy sports site, including, without limitation, any that charge entrance fees or offer prizes. An "Immediate Family Member" means any domestic partner or relative of an individual who resides in the same residence, including, without limitation, parents, grandparents, in-laws, children, siblings, and spouses;
  • You are included on any state-wide daily fantasy sports exclusion list or any state-wide gaming exclusion list that applies to daily fantasy sports;
  • DraftKings determines, in its sole and absolute discretion, for any reason or no reason, that your use undermines the integrity of any Contest(s);
  • Your use of the Services breaches any rule or policy of your employer, any sports governing body, or any other professional or amateur body of which you are a member, including, without limitation, any rule or policy regarding daily fantasy sports or accepting or winning prizes; or
  • Your use of the Services is prohibited pursuant to a court order or regulatory body or your use would be in violation of any laws, rules, regulations, or other authorized acts of the jurisdiction in which you are physically located while using the DraftKings Platform and/or the Services.

You also may not use the DraftKings Platform and/or the Services in connection with any game, match, or event overseen by the sports or competition governing body with which you are associated in the event you are an athlete; player; participant; agent; union official; coach; scout; referee or other game official; physician; trainer; team employee; or team owner; or you are an employee, consultant, or contractor of a sports or competition governing body; or you are an Immediate Family Member of any of the foregoing.

DraftKings employees and Immediate Family Members of DraftKings employees are not permitted to play in any public Contests; provided, however, DraftKings employees and Immediate Family Members of DraftKings employees are permitted to play in the following Contests: DraftKings-sponsored Private Contests, Private Contests for cash, or Private Contests for prizes other than cash. A "Private Contest" is one that is not listed in the DraftKings Platform’s public domain and is hosted by another DraftKings employee or a relative, friend, or Immediate Family Member of the Employee participating in such Contest.

DraftKings may suspend access to and use of your Account, remove you from any Contests, withhold any prizes, and or require return of any prizes awarded in the event DraftKings learns or has reason to believe that you used the DraftKings Platform and/or 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 the DraftKings Platform and/or the Services to engage in any type of fraud, including, without limitation, Contest or Pick Set manipulation, cheating, 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, Contests, and/or DraftKings Platform, or in any way detrimental to any other DraftKings customers;
  • Using or accessing the Services and/or DraftKings Platform in any way detrimental to DraftKings or its affiliates or the brand(s) of DraftKings or its affiliates, is disparaging or otherwise portrays DraftKings or its affiliates in a negative light, or has a negative impact of the integrity of DraftKings or its affiliate’s products or business operations;
  • Attempting, either alone or in association with others, to directly or indirectly influence the outcome of a game, match, contest, or event in connection with the use of the Services and/or a Contest;
  • Using, or attempting to use, the Services or DraftKings Platform to act collectively with or collude with one or more other individuals, including, without limitation, working collectively to enter a series of Pick Sets for the same game, match, or event or otherwise collaborating with others to participate in any Contest(s);
  • Using, or allowing any other person or entity to use, any automated means, automated computerized software, or equivalent mechanisms, including, without limitation, bots, scripts, artificial intelligence, programs, parsers, spiders, screen scrapers, or tools, to interact with the Services or DraftKings Platform, including, without limitation, to collect any information or content from the Services or DraftKings Platform or to automatically enter Contests or make Pick Set selections;
  • Exploiting any delays in the updating of information, statistics, or data;
  • Accessing or using, or allowing any other person or entity to access or use, the Services or DraftKings Platform, including, without limitation, any information or content on the Services or DraftKings Platform, in any manner other than for your own personal, non-commercial benefit;
  • Abusing the DraftKings Platform, Services, and/or any bonuses, the refer-a-friend program, or any other offers or promotions in any way;
  • Exploiting any obvious errors with the DraftKings Platform or Services;
  • Tampering with, interfering with, circumventing, bypassing, or manipulating the administration of a Contest, the Services, DraftKings Platform, or any systems, controls, risk limits or policies, or security measures of the Services or DraftKings Platform (e.g. disguising your internet protocol address or exploiting a fault or loophole in the Services or DraftKings Platform); or
  • Collecting other user’s information for any purpose.

CONTEST ENTRY

It is important that you read and understand the specific rules and procedures related to the Contests in which you participate, which are hereby incorporated in their entirety into these Terms of Use by reference, including any amendments made to the rules and procedures at any time. For more information, see the Rules and Scoring for the applicable Contest (available in the Contest Rules tab of the applicable Contest’s Details page) and the DraftKings Pick6 section of the DraftKings Help Center available by clicking here , both of which are hereby incorporated in their entirety into these Terms of Use by reference, including any amendments made at any time. The DraftKings Released Parties (as defined in the Account Login and Passwords Section) are not liable and accept no responsibility in the event you participate in a Contest without fully understanding the rules and procedures of the Contest.

Participation in each Contest must be made only as specified in the Agreements. To enter a Contest, you must build a Pick Set of athletes and select whether each of your chosen athletes will outperform or underperform the listed statistical projection (e.g. will Football Running Back A have more than x rushing yards or fewer than x rushing yards) in the real-world game, match, or event listed. The objective is to have more correct selections in your Pick Set than other participants in the Contest. Once you have selected your Pick Set, you must select your entry fee for your Pick Set. Each Contest has a one dollar ($1.00) entry fee; therefore, each dollar of your entry fee represents a single entry into one (1) Contest. Your selected entry fees cannot exceed the amount in your Account, rounded down to the nearest whole dollar. Once you have selected your entry fees, DraftKings will attempt to distribute your entries into available, eligible Contests. Each Contest may have a maximum number of entries per entrant. In the event there are no available, eligible Contests (e.g. all eligible Contests have already received the maximum number of entries) or your entry amount exceeds the number of available eligible Contests, your Pick Set may not be entered into any Contests or may only be entered into the number of available eligible Contests. For clarity, you will only be charged an entry fee for Contest(s) into which you are successfully entered. DraftKings reserves the right to move you from Contest(s) to substantially similar Contest(s) in certain situations, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason. For more information on Contest distribution, see the DraftKings Pick6 section of the DraftKings Help Center available by clicking here, which is hereby incorporated in its entirety into these Terms of Use by reference, including any amendments made at any time.

DraftKings may refuse to accept any Contest entry, any portion of a Contest entry, prohibit you from entering any Contest, or prohibit you from using the DraftKings Platform or the Services, in each case, for any reason or no reason, in DraftKings’ sole and absolute discretion.

In the event your Pick Set is successfully entered into a Contest(s), for each Contest your Pick Set is successfully entered into, one U.S. dollar ($1.00) will be debited from your Account balance. In the event you have insufficient funds in your Account, including, without limitation, in the event a deposit has not been received by DraftKings before the Contest entry is placed (e.g. a deposit is still being processed by the payment processor), such entry may be voided by DraftKings in its sole and absolute discretion, for any reason or no reason. A Contest entry is not valid until the Contest entry is accepted by DraftKings’ servers, even in the event such entry appears in your My Picks. You are responsible to ensure all the details and selections of your Pick Set and Contest entry are complete and correct prior to submitting.

Unless otherwise stated in a Contest’s description, DraftKings’ late swap feature is available for Contest entries. The late swap feature allows entrants to edit their Pick Set provided the game, event, or match associated with the edit has not yet started. DraftKings may void any Contest entries or edits to a Pick Set made after the start of the game, event, or match associated with the Contest entry or Pick Set edit.

Without limiting any other remedies available to DraftKings, in the event you enter a Contest under suspicious circumstances, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, including, without limitation, entering a Contest in violation of the Agreements, entering an inordinate amount of Contests, including, without limitation, interconnected Pick Set selections, or entering a series of Contests or making a series of Pick Set selections for Contests in an unusual pattern, DraftKings may suspend access to and use of your Account, void any Contest entries or series of Contest entries, and/or withhold any prizes. You agree to promptly provide DraftKings with all information requested by DraftKings and provide any other assistance or cooperation in connection with DraftKings’ investigation of any suspicious Contest entries or activity. In the event you decline to provide DraftKings with such information or otherwise fail to fully assist and cooperate with DraftKings in connection with any investigation of suspicious Contest entries, you agree to forfeit, waive all claims to, and/or return all prizes associated with such Contest entries.

By entering a Contest or using the Services or DraftKings Platform, you agree to be bound by the decisions of DraftKings, which shall be made in DraftKings 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 use the DraftKings Platform and/or Services, that you shall not acquire any such right based on your use of the DraftKings Platform and/or Services, and that DraftKings may, in its sole and absolute discretion, for any reason or no reason, suspend or terminate your Account at any time. DraftKings may refuse to allow you to utilize the DraftKings Platform, the Services, and/or a particular Service, including, without limitation, refusing to accept any Contest entries, in DraftKings’ sole and absolute discretion, for any reason or no reason. In the event you engage in conduct or otherwise utilize any information DraftKings deems to be improper, fraudulent, suspicious, cheating, dishonest, or unfair in connection with your entry into a Contest(s) or use of the Services or DraftKings Platform, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, DraftKings, at its sole and absolute discretion, may suspend or terminate your Account, void any pending entries, refuse to award you any prizes, and/or require you to return any prizes associated with such improper, fraudulent, suspicious, cheating, dishonest, or unfair conduct or information. 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 Account, refusal to accept any Contest entry or any portion of a Contest entry, or voiding of any pending Contest entries. You further acknowledge and agree that the suspension or termination of your Account and/or voiding of any entries shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with your improper conduct.

In the event for any reason a Contest is not capable of operating as originally planned, or in the event a Contest or computer application or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry into, or operation of, a Contest in accordance with the Agreements, or in the event of infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, that DraftKings determines, in its sole and absolute discretion, for any reason or no reason, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, DraftKings reserves the right, in its sole and absolute discretion, for any reason or no reason, to cancel, terminate, extend, modify, postpone, or suspend the Contest.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE WEBSITE OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. IN THE EVENT SUCH AN ATTEMPT IS MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

CONTEST WITHDRAWAL

You may be able to withdraw from Contests under certain circumstances, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, for example, in the event only a certain percentage of the Contest entry spots are filled or there is still a stated time period until the start of the Contest. In the event you are able and decide to withdraw from a Contest, you will also be withdrawn from all other Contests into which such Pick Set was entered. As an example only, in the event you built a Pick Set, selected fifty dollars ($50) as the entry fee, the Pick Set was successfully entered into fifty (50) Contests, and you withdraw from one (1) of the Contests, then you would be withdrawn from all fifty (50) of the Contests. For more information on withdrawing from Contests and when withdrawal from Contests will and will not be permitted, please see the DraftKings Pick6 section of the DraftKings Help Center available by clicking here which is hereby incorporated in its entirety into these Terms of Use by reference, including any amendments made at any time.

LIMITATION ON DRAFTKINGS RESPONSIBILITIES

The DraftKings Released Parties (as defined in the Account Login and Passwords Section) are not responsible for any incorrect, invalid, or inaccurate information; incomplete, incorrect, illegible, unintended, or misdirected entries; 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 an entrant to utilize the DraftKings Platform or Services or to enter a Contest(s)); any injury or damage to your or any other person's computer or video equipment relating to or resulting from your use of the DraftKings Platform or Services; your inability to access or use the Services, DraftKings Platform, or any web pages that are part of or related to the Website or DraftKings Platform; your inability to enter a Contest(s); theft, tampering, destruction, or unauthorized access to, or alteration of, the DraftKings Platform or Services, including, without limitation, your Account; 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.

DraftKings may, in its sole and absolute discretion, for any reason or no reason, suspend and/or terminate any of the Services, Contest(s), and/or the DraftKings Platform, suspend and/or terminate your access to and use of the DraftKings Platform, your Account, and/or any of the Services, void or cancel any pending Contest entries, withhold any prizes, and/or require the return of any prizes and/or amounts that were credited to your Account in error, even in the event you have already withdrawn such amounts from your Account, 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 a Contest, including, without limitation, incorrect statistics or the underlying event having already started or taken place;
  • any selection is scored in your favor in error;
  • any amounts are credited to your Account 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 the DraftKings Platform or any of the Services from properly functioning, prevents the DraftKings Platform or any of the Services from operating in accordance with the Agreements, or affects the administration, security, fairness, integrity, or proper conduct of the DraftKings Platform, the Contests, or the Services.

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

ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE DRAFTKINGS PLATFORM OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAFTKINGS PLATFORM, A CONTEST, OR THE SERVICES IS A VIOLATION OF THESE TERMS OF USE AND MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. 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.

You may only use the DraftKings Platform and Services as specified in the Agreements. Failure to comply with the Agreements may result, without limitation, in suspension and/or termination of your Account, the voiding or cancelation of any pending Contest entries, withholding of any prizes, and/or the return of any prizes.

GRANT OF LICENSE

Except where prohibited by law, by using the Services or DraftKings Platform, entering any Contests, or accepting any prize, you grant DraftKings 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 DraftKings Platform, the Services, DraftKings or its affiliates, and/or DraftKings and DraftKings’ 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 DraftKings.

PROMOTIONS

DraftKings 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, in each case, in connection with the Services and/or DraftKings Platform. Each promotion, bonus, mission, or similar offer may have additional terms, conditions, rules, and/or eligibility requirements associated with it which will either (i) be posted on the DraftKings Platform and/or Services, and which will be immediately binding and enforceable whether or not they are otherwise made available or communicated to you, and/or (ii) otherwise be made available or communicated to you. Such additional promotional terms, conditions, rules, and/or eligibility requirements are hereby incorporated in their entirety into these Terms of Use by reference, including any amendments made to the additional promotional terms, conditions, rules, and/or eligibility requirements at any time. By participating in any promotions, bonuses, achievements, or similar offers, including, without limitation, claiming and/or accepting any prize or reward as part of a promotion, bonus, achievement, or similar offer, you agree to be bound by all terms, conditions, rules, and/or eligibility requirements associated with the promotion, bonus, achievement, or similar offer, which are hereby incorporated in their entirety into these Terms of Use by reference, including any amendments made at any time. In the event you do not agree with all terms, conditions, rules, and/or eligibility requirements associated with a promotion, bonus, achievement, or similar offer, do not participate in, or claim and/or accept any prizes or rewards associated with the promotion, bonus, achievement, or similar offer. In the event of a conflict between the Agreements and any such separate terms, conditions, or rules for the promotion, bonus, achievement, or similar offer, the separate terms, conditions, or rules for the promotion, bonus, achievement, or similar offer 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, bonus, achievement, or similar offer. DraftKings reserves the right to prohibit you from participating in any promotions, bonuses, achievements, or similar offers administered by DraftKings for any reason or no reason, in DraftKings’ 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.

RESPONSIBLE GAMING

Information about responsible gaming, including self-exclusion and self-limitation options, is available at: https://www.draftkings.com/responsible-gaming. In the event you self-exclude, you will be removed from any upcoming Contests as set forth in the self-exclusion procedures available at: https://www.draftkings.com/account/selfexclusion, and any entry fees for such upcoming Contests you are removed from will be refunded to you.

GAME STATISTICS AND LIVE SCORING

All statistics, results, news, and other information on the DraftKings Platform or Services, including, without limitation, “live” statistics, are unofficial, may not be up to date, and are provided AS IS and for informational and entertainment purposes only. You should not rely on such statistics, results, news, and other information for any purposes, including, without limitation, Contest and Pick Set decisions. Additionally, such statistics and results may not be the same statistics and results used to determine the outcome of Pick Set selections and/or Contests. Neither the DraftKings Released Parties (as defined in the Account Login and Passwords Section) nor DraftKings’ third-party providers warrant or make any representations of any kind with respect to the statistics, results, news, or other information provided through the DraftKings Platform, the Services, and any other related information sources. The DraftKings Released Parties and DraftKings’ third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any statistics, results, news, or other information transmitted, linked to, or made available via the DraftKings Platform, Services, and related information sources and shall not be responsible or liable for any error or omissions in such statistics, news, results, and other information.

RESULTS

Contests offered through the Services and/or DraftKings Platform are contests of skill. Winners are determined based on the participant’s skill and knowledge, including, without limitation, with respect to relevant sports information and Contest rules. The Services, DraftKings Platform, and/or Contests may not be used for any form of illicit gambling.

Contests are scored based on the number of correct selections in your Pick Set for that Contest. Contests results are based on the final statistics and scoring at the completion of the applicable game(s), contest(s), match(s), or event(s) associated with the Contest. Upon completion of the last game, contest, match, or event associated with the Contest, results are reviewed, entries are graded, and any prizes are awarded. Final scoring results and statistics will not be changed, regardless of any official statistics or scoring adjustments made at later times, except in DraftKings' sole and absolute discretion, for any reason or no reason. In the event a game(s), contest(s), match(s), or event(s) associated with a Contest is canceled, postponed, or rescheduled, for purposes of the Contest, such cancelation, postponement, or rescheduling shall be treated in accordance with the Contest Rules for the applicable Contest (available in the Contest Rules tab of the applicable Contest’s Details page) which are hereby incorporated in their entirety into these Terms of Use by reference, including any amendments made at any time.

PRIZES

Each Contest has a prizing structure setting forth tiers based on the number of correct selections in a Pick Set (each a “Prize Tier”) and the portion of the Contest’s total guaranteed prize pool dedicated to each Prize Tier. Any estimated prizes listed for a Contest are calculated based on historical averages and are estimates only. The portion of a Contest’s total guaranteed prize pool dedicated to a Prize Tier will be split by all entrants with an entry in that Prize Tier, based on the number of entries each entrant has within that Prize Tier. See the Contest’s “Prize Structure” tab for the Contest’s Prize Tiers and the amount of the Contest’s total prize pool dedicated to each Prize Tier. The Contests Prize Structure tab is hereby incorporated in its entirety into these Terms of Use by reference, including any amendments made to the Prize Structure at any time. In the event no entries fall within a particular Prize Tier for a Contest, the portion of the Contest’s prize pool dedicated to such Prize Tier will be added to the highest Prize Tier (i.e. the Prize Tier requiring the most correct Pick Set selections) that has at least one (1) Contest entry that falls within that Prize Tier. In the event no entries fall within a Contest’s Prize Tier, the total prize pool for the Contest will be distributed to entrant(s) with the most correct selections, based on the number of entries such entrant(s) has in the Contest that contains the most amount of correct selections. In the event no entrants in a Contest make a correct selection, each entrant will receive their entry fees for such Contest.

Subject to DraftKings verifying your compliance with the Agreements and any other conditions of participation, DraftKings shall use reasonable efforts to award any prizes within a reasonable amount of time after the Contest results have been determined.

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

You consent to receive your DraftKings related tax information, including, without limitation, Forms 1099 and W-2G (if applicable), electronically, which information will be securely hosted by DraftKings and accessible to 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 you withdraw consent. 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 contacting 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 support@draftkings.com.

In the event the awarding of any prize is challenged by any legal authority, DraftKings reserves the right to determine, in its sole and absolute discretion, for any reason or no reason, whether or not to award such prize. In the event you win an amount or prize over a certain value, and you owe certain amounts to the state, including, without limitation, child support arrearages or unpaid taxes, DraftKings may suspend your Account, prevent you from making withdrawals from your Account, and/or withhold and remit any prizes, or portion thereof, in accordance with applicable law. No substitution or transfer of any prize is permitted, except that DraftKings 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 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 prizes involving attendance at an event, experience, and/or travel:

  • You must follow all policies, instructions, and requirements of DraftKings or any venues while attending or participating in the prize, and you must follow all health and safety protocols put in place by DraftKings and any hotel, spaces, and/or venues associated with the prize, which may include vaccination requirements, testing requirements, wearing masks, and social distancing;
  • DraftKings may prohibit you from participating in or attending the prize event, or any component of the prize 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 prize event, and you acknowledge and agree that DraftKings or any venues may prohibit your participation in or attendance at the 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 DraftKings and any hotels, spaces, and/or venues associated with the prize;
  • DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove you and/or any of your guests (in the event applicable) from participation in or attendance at the 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 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 prize event as a pre-condition of your attendance at or participation in such prize event;
  • YOU REPRESENT AND WARRANT THAT ATTENDING A 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 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 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 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 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 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 PRIZE EVENT, AND/OR YOUR TRAVEL TO AND FROM AN IN PERSON 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 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 prize event, and/or your travel to and from an in person 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 prize event for a violation of the Agreements, DraftKings will not be responsible for providing a replacement prize or otherwise compensating you for your loss of the prize event.

PAYMENT AND WITHDRAWAL

Before awarding you any prizes, DraftKings may require that you complete and execute an affidavit of eligibility and release of claims in which, among other things, you represent and warrant that you are eligible to use the Services and participate in the Contest(s), are otherwise in compliance with the Agreements, and release the DraftKings Released Parties (as defined in the Account Login and Passwords Section) from all claims. Additionally, before awarding any prizes or prior to being able to withdraw any funds from your Account, you may be required to provide further documentation or proof of your identity, eligibility, and compliance with the Agreements and to complete appropriate tax forms. In the event DraftKings requests that you complete and execute such an affidavit and release of claims, provide such additional information, and/or complete appropriate tax forms, and you fail to do so within seven (7) calendar days, or DraftKings otherwise determines, in its sole and absolute discretion, for any reason or no reason, that you do not meet the eligibility requirements or are not in compliance with the Agreements, DraftKings reserves the right to withhold or revoke the awarding of any prizes as well as suspend your access to and use of the Services and/or suspend or terminate your Account.

Any cash prize will be credited to your Account. Provided you are in compliance with the Agreements and any promotional terms related to such cash winnings, you may withdraw your cash prize, as well as your cash deposits that have not been cancelled, charged back, or otherwise not cleared, from your Account by using the "Withdrawal" option on the DraftKings Platform. DraftKings reserves the right to partially or entirely fulfill your withdrawal to the same payment account, card, or method used to deposit funds. Not all promotional deposits, credits, and other bonuses are withdrawable from your Account, and any promotional deposits, credits, and other bonuses that are withdrawable, may not be withdrawn unless all appropriate terms and requirements of the promotion, credits, or bonus are achieved first.

Unless a shorter period of time is required by applicable law, requests for withdrawal of eligible funds will be honored by the later of: (a) five (5) business days (fourteen (14) business days where you request check as the withdrawal method) and (b) in the event any forms, affidavits, releases, identification, or other information is requested by DraftKings or required by law, within a reasonable number of business days after your submission of all such forms, affidavits, releases, identification, and/or other information. Notwithstanding anything to the contrary, in the event DraftKings believes, in its sole and absolute discretion, for any reason or no reason, that you are in breach of the Agreements or engaged in any fraudulent conduct or other conduct that would render DraftKings in violation of law, DraftKings reserves the right to delay, withhold, or revoke any withdrawal. This includes, without limitation, the attempted withdrawal of funds that were deposited and not played through before you attempt to withdraw them from your Account.

Checks are sent via U.S. mail to the address associated with your Account. DraftKings may require you to verify your address before sending a check. A request for withdrawal will be considered honored in the event the withdrawal is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. DraftKings may set off any prize or other amounts in your Account against any amounts you owe to the DraftKings Released Parties.

TERMINATION AND EFFECT OF TERMINATION

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

DraftKings may immediately suspend and/or terminate the offering of the Services, Contests, DraftKings Platform, or features or functionality within the Services or DraftKings Platform at any time and without prior notice, in its sole and absolute discretion for any reason or no reason. In the event DraftKings terminates the Services, DraftKings may refund the balance in your 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, DraftKings may, without prior notice and in its sole and absolute discretion, for any reason or no reason, immediately close your Account, disable your password(s), deny you access to and use of the DraftKings Platform and Services, void any pending Contest entries, 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 the DraftKings Platform and the Services. 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 the Services, Contests, or DraftKings Platform, any suspension or termination of any features or functionality within the Services or DraftKings Platform, or termination or suspension of your Account.

The closure of your Account, termination of the offering of the Services, Contests, or DraftKings Platform, 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 Account, termination of the offering of the Services, or termination of any or all of your rights granted under the Agreements, shall survive closure of your Account, termination of the offering of the Services, 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), THE DRAFTKINGS PLATFORM, THE CONTESTS, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE DRAFTKINGS PLATFORM AND/OR THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR USE OF THE DRAFTKINGS PLATFORM AND SERVICES AND ENTRY INTO ANY CONTESTS 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 INTELLECTUAL PROPERTY, THE DRAFTKINGS PLATFORM, THE CONTESTS, AND THE SERVICES; (B) THE CONTENT AND SOFTWARE ON, AND PROVIDED THROUGH, THE DRAFTKINGS PLATFORM AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF ANY CONTENT ON THE DRAFTKINGS PLATFORM AND/OR SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE DRAFTKINGS PLATFORM AND/OR SERVICES; (D) THE MESSAGES AND INFORMATION SENT FROM THE DRAFTKINGS PLATFORM, SERVICES, OR BY ANY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE DRAFTKINGS PLATFORM AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS OR SERVICES; (F) HYPERTEXT LINKS ON THE DRAFTKINGS PLATFORM AND/OR SERVICES TO THIRD PARTY WEBSITES OR APPLICATIONS; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE DRAFTKINGS PLATFORM, THE SERVICES, OR ANY THIRD PARTY SITE LINKED TO OR ACCESSED FROM THE DRAFTKINGS PLATFORM OR SERVICES. DRAFTKINGS DOES NOT WARRANT THAT THE DRAFTKINGS PLATFORM OR SERVICES, ANY OF THE FUNCTIONS THEREON, 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 THE DRAFTKINGS PLATFORM OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE DRAFTKINGS RELEASED PARTIES DO NOT WARRANT THAT YOUR PARTICIPATION IN CONTESTS OR ACTIVITIES OR USE OF THE DRAFTKINGS PLATFORM OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND, IN ANY EVENT, THE DRAFTKINGS RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE DRAFTKINGS PLATFORM OR SERVICES OR PARTICIPATING IN ANY CONTESTS, 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 DRAFTKINGS PLATFORM OR SERVICES.

INDEMNIFICATION

By visiting, accessing, or using the DraftKings Platform, entering a Contest, using the Services, or accepting any prizes, 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 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 participation in Contest(s) or use of the Services or DraftKings Platform, including, without limitation, traveling to or participating in any events or activities related to the Services or DraftKings Platform; (ii) your receipt, ownership, use, or misuse of any prize and your or your guests’ attendance at and/or participation in any prize event, including, without limitation, any travel to or from, any prize related activity; (iii) your breach of the Agreements; (iv) your use of the Services or DraftKings Platform in violation of any laws, rules, government orders, or regulations; (v) any funding of your Account, including, without limitation, the payment method used; (vi) your use of the DraftKings Platform, 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 DraftKings 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, DraftKings reserves the right, without your consent, to control the settlement and/or defense of any Indemnification Claims. You agree to provide DraftKings with any cooperation, assistance, and/or information requested by DraftKings in connection with DraftKings’ settlement or defense of any Indemnification Claims. You will not, without DraftKings’ 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 LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR PARTICIPATION IN CONTEST(S) OR USE OF THE SERVICES AND DRAFTKINGS PLATFORM 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) THE DRAFTKINGS PLATFORM, THE SERVICES, THE CONTESTS, THE INTELLECTUAL PROPERTY, OR ANY CONTENT ON THE SERVICES OR DRAFTKINGS PLATFORM; (II) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES OR DRAFTKINGS PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTESTS; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DRAFTKINGS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR PARTICIPATION IN CONTEST(S) OR USE OF THE SERVICES OR DRAFTKINGS PLATFORM; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) ANY ERRORS OR OMISSIONS IN THE CONTESTS, SERVICE, OR DRAFTKINGS PLATFORMS' TECHNICAL OPERATION, 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 THE SERVICES AND/OR DRAFTKINGS PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND DRAFTKINGS PLATFORM. 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, DRAFTKINGS PLATFORM, CONTESTS, OR OTHER CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DRAFTKINGS OR ITS AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE SERVICES, CONTESTS, DRAFTKINGS PLATFORM, OR OTHER CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DRAFTKINGS OR ITS AFFILIATES, AND ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING CONTEST(S) OR USING THE SERVICES OR DRAFTKINGS PLATFORM, 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 DraftKings Platform and Services themselves, as well as the content on the DraftKings Platform and Services, including, without limitation, 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 Services and DraftKings Platform and compilation and arrangement of information on the DraftKings Platform and Services, 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 DraftKings or its affiliates, and is protected by copyright, trademark, patent, and other intellectual property rights under United States and foreign laws and international conventions. DraftKings grants to you a limited, non-transferable, fully revocable, non-sublicensable, non-exclusive right to use the DraftKings Platform, Services, and Intellectual Property for your personal, non-commercial use only, and the DraftKings Platform, Services, and 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 DraftKings. You will not decompile, reverse engineer, modify, create derivatives of, disassemble, or attempt to access the source code of the DraftKings Platform or Services 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 the DraftKings Platform or Services. DraftKings reserves all rights not expressly granted in and to the DraftKings Platform, Services, and the Intellectual Property. You agree to not engage in the use, copying, or distribution of the DraftKings Platform, Services, or 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 DraftKings Platform, Services, or Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. DraftKings 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 of the DraftKings Platform or Services that prevent or restrict use or copying of any Intellectual Property.

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

In the event you have any questions, concerns, or complaints related to the DraftKings Platform or Services, please e-mail DraftKings’ customer support at support@draftkings.com. You will use reasonable and good faith efforts to attempt to resolve any complaints, disputes, claims, or controversies you have with DraftKings through DraftKings’ customer support prior to commencing any lawsuit.

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, or any use of the DraftKings Platform or 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 DraftKings shall recover from you all attorneys' fees and expenses reasonably incurred in enforcing the Forum to which you and DraftKings 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.

APP STORE PROVIDERS

In the event you downloaded the Mobile Application(s) through a third-party app store provider, including, without limitation, Apple’s App Store or Google Play (each an “App Provider” and collectively, the “App Providers”), as between you and DraftKings: (i) your use of the Mobile Applications, including your use of the Services through the Mobile Application(s) downloaded from an App Provider will be governed solely by the Agreements; (ii) no third-party terms or end user license agreements from the App Provider shall apply to your use of the Mobile Applications or the Services, including, without limitation, those available at https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ or https://play.google.com/intl/en_us/about/play-terms/index.html (each a “Third-Party License Agreement” and collectively the “Third-Party License Agreements”); and (iii) you are solely responsible for ensuring your compliance with all applicable Third-Party License Agreements of the App Provider from which you downloaded the Mobile Application(s).

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 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 DraftKings’ prior written consent, which may be withheld in the sole and absolute discretion of DraftKings, for any reason or no reason. DraftKings reserves the right to assign, sublicense, pledge, or otherwise transfer the Agreements, your Account, and any of DraftKings’ rights or obligations under the Agreements, in each case, in whole or in part, to any affiliate of DraftKings or any third party, without your consent or notice to you.

The DraftKings Platform or Services may contain links to third party websites that are not owned or controlled by DraftKings. DraftKings 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, DraftKings will not and cannot censor or edit the content of any third party site. By entering Contest(s) or using the DraftKings Platform or 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. DraftKings encourages you to be aware when you leave the DraftKings Platform or Services 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.

The Services and DraftKings Platform may contain advertisements for third parties or third party products or services. DraftKings makes no endorsements, representations, or warranties, express or implied, related to any third parties or third party products or services advertised on the DraftKings Platform or through the Services. You agree that the DraftKings Released Parties shall not be responsible or liable for any loss or damage you may incur as a result of any dealings, including, without limitation, participation in promotional offers, you have with third parties advertised on or through the Services or DraftKings Platform or your use of any third party products or services advertised on or through the Services or DraftKings Platform. 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 any third parties and/or third party products or services advertised on the Services and DraftKings Platform.

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.

Third party online publishers that refer users to the DraftKings Platform and/or Services shall not be responsible or liable for the DraftKings Platform, the Services, or any of the content, software, or functions made available on, accessed through, or sent from, the DraftKings Platform and/or Services. 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 any third party online publishers that refer users to the DraftKings Platform and/or Services.

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 DraftKings' 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.

DraftKings 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 your use of the Services and DraftKings Platform, in each instance. Any amendments to the Agreements will be effective and binding upon the posting of the amended Agreements on the DraftKings Platform and/or the Services. Your continued use of the DraftKings Platform or Services after DraftKings 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 account by e-mailing support@draftkings.com or through the Login & Security tab of the Account Information page. You can obtain a copy of any prior versions of the Terms of Use to which you agreed, your Account statements, your Account activity, as well as your Account history by emailing customer service at support@draftkings.com.

DraftKings shall not be liable for or deemed in default of the Agreements due to any delay or failure by DraftKings to comply with any provision of the Agreements or to offer the Services, Contests, or DraftKings Platform due to any cause beyond DraftKings' 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.

Using the Services and/or DraftKings Platform 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 your use of the Services and/or DraftKings Platform from your wireless device.