DRAFTKINGS 2024-2025 $400,000 KING OF THE BRACKET CONTEST OFFICIAL RULES

IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS 2024-2025 $400,000 KING OF THE BRACKET CONTEST

IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“RULES”) BEFORE ENTERING THE DRAFTKINGS 2024-2025 $400,000 KING OF THE BRACKET CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. Rules and Eligibility
2. The DraftKings 2024-2025 $400,000 King of the Bracket Contest (“KOB” or “Contest”) is a bracket style men’s college basketball (“CBB”) fantasy sports tournament, exclusively for DraftKings customers who qualify for the KOB (each a “Contestant” and collectively, the “Contestants”). The KOB will be a sixty four (64) entry field where Contestants compete in head-to-head fantasy CBB contests against other Contestants in a bracket style tournament. Winners of each head-to-head contest of the KOB will move onto the next round of the KOB where they will compete in the subsequent head-to-head fantasy CBB contests. Losers of a head-to-head contest are eliminated from the KOB. The field for the KOB will go from sixty four (64) entries in the first (1st) round down to a single winner by end of the sixth (6th) round. Customers must qualify for the KOB by winning one (1) of sixty four (64) DraftKings daily fantasy qualifiers that awards a ticket to the KOB as a prize. Qualifiers for the KOB will start no earlier than November 15th, 2024. The KOB is currently scheduled to start no earlier than March 20, 2025 and end no later than March 28, 2025, provided that DraftKings reserves the right in its sole and absolute discretion, for any reason or no reason, to change the end date. The exact dates for the start of each round of the KOB are TBD and will be confirmed at a later date. As rounds for the KOB are scheduled, information on timing for each round of the KOB will be posted and/or otherwise communicated to Contestants. The KOB will be administered and scored according to these Rules.
3. By entering the KOB (as detailed in Section B, below) or participating in the KOB, you agree to be bound by, and subject to, these Rules, the DraftKings Daily Fantasy Sports Terms of Use (available at: https://myaccount.draftkings.com/documents/us-terms-of-use), and the DraftKings Privacy Notice (available at: https://myaccount.draftkings.com/documents/privacy-notice). You agree and understand that DraftKings may disclose certain information that you share with DraftKings, pursuant to the DraftKings Privacy Notice. In addition to other remedies provided in these Rules or in the DraftKings Daily Fantasy Sports Terms of Use, your failure to comply with these Rules or the DraftKings Daily Fantasy Sports Terms of Use may, among other things, may result in disqualification from the KOB, removal from the KOB, and/or forfeiture of any Prize (as defined below) as determined by DraftKings in its sole and absolute discretion, for any reason or no reason. Notwithstanding anything to the contrary set forth in these Rules or the DraftKings Daily Fantasy Sports Terms of Use, DraftKings has the right, in its sole and absolute discretion, for any reason or no reason, to disqualify or remove you from the KOB and to effectuate the forfeiture of your Prize or potential Prize. In the event you have already withdrawn or received any voided and/or forfeited Prize, you agree you shall promptly return such amounts and/or Prizes to DraftKings upon request.
4. BY ENTERING AND/OR PARTICIPATING IN THE KOB YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE KOB AS SET FORTH IN THIS SECTION. UNDER NO CIRCUMSTANCES SHALL DRAFTKINGS INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE KOB, THESE RULES, YOUR ENTRY INTO, OR PARTICIPATION IN, THE KOB; (2) THE FANTASY SPORTS CONTESTS, CONTENT, PRODUCTS, SERVICES, AND PROMOTIONS ON THE DRAFTKINGS WEBSITE AND/OR DRAFTKINGS MOBILE APPLICATION OR YOUR UPLOADED INFORMATION; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE DRAFTKINGS WEBSITE AND/OR DRAFTKINGS MOBILE APPLICATION; (4) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY ENTITIES AND INDIVIDUALS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE DRAFTKINGS WEBSITE, THE DRAFTKINGS MOBILE APPLICATION, OR CONTENT; (5) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (6) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE DRAFTKINGS WEBSITE AND/OR THE DRAFTKINGS MOBILE APPLICATION, EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY CONTESTANT’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR PARTICIPATION IN THE KOB IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE KOB, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE KOB. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE CONTINUATION OF THE KOB OR ANY EXPLOITATION OF YOUR UPLOADED CONTENT OR ANY WEBSITE, SERVICES, OR OTHER PROPERTY OWNED OR CONTROLLED BY ANY OF THE COMPANY ENTITIES AND INDIVIDUALS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE KOB, ANY DRAFTKINGS WEBSITE OR OTHER DRAFTKINGS PROPERTY, YOUR UPLOADED INFORMATION, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE KOB, 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.
5. DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Notice in its sole and absolute discretion, for any reason or no reason, at any time with or without notice to you, and it is your responsibility to review these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and the DraftKings Privacy Notice for any changes. By entering the KOB or by participating in the KOB after we change these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Notice, you accept all changes thereto. Any change in the structure of the Prize (as defined below) shall be made prior to the start of the KOB.
6. DraftKings reserves the right to change, modify, suspend, delay, or cancel the KOB or any portion or round of the KOB at any time in its sole and absolute discretion, for any reason or no reason.
7. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason, to exclude or remove any Contestant(s) and/or individual(s) from participation in the KOB, including, but not limited to, in instances where DraftKings determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the Contestant or Contestant’s entry or selections. By entering or participating in the KOB, you acknowledge and agree that DraftKings has the right, in its sole and absolute discretion, and for any reason or no reason, to exclude you from participation in the KOB, and by entering into or participating in the KOB, you agree not to bring any claims, and hereby waive all claims that may now or hereafter arise, against the Company Entities and Individuals, in each case, as it relates to DraftKings’ decisions under this Section.
8. To be eligible to enter and participate in the KOB, each Contestant must: (i) be the owner of the DraftKings Daily Fantasy Sports account under which the KOB entry is being made (i.e., no proxy entries allowed); (ii) comply with these Rules; (iii) comply with the DraftKings Daily Fantasy Sports Terms of Use; (iv) be at least eighteen (18) years of age as of the date of the Contest entry, except in jurisdictions, territories, and locations where the minimum age for permissible use of daily fantasy sports is greater than eighteen (18) years old, you must meet the age requirement in the jurisdiction, territory or location you are physically located in while entering and participating in the Contest (nineteen (19) years of age in the event you are physically located in Nebraska, Alabama, or Canada) when participating in the Contest or twenty-one (21) years of age in the event you are physically located in Arizona, Iowa, Louisiana, or Massachusetts when participating in the Contest); (v) be physically located in Canada (excluding the province of Ontario), any of the fifty (50) U.S. states or Washington, D.C., excluding Hawaii, Idaho, Montana, Nevada, Oregon, Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests; (vi) not be self-excluded from play on any DraftKings website or mobile application; (vii) not be included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (viii) not be banned from playing on any DraftKings website or mobile application; and (ix) maintain any DraftKings accounts in good standing. DraftKings reserves the right, in its sole and absolute discretion, to exclude additional state(s) and/or add additional state(s) under sub-section (v), provided that in the event any such additional state(s) are added, Contestants shall be required to comply with these Rules, as well as any applicable state regulations.
9. By entering and participating in the KOB, Contestant(s): (i) agree to refrain from acting as a brand ambassador for, and from in any way promoting or endorsing for commercial purposes, any company other than DraftKings; (ii) consent to the release of certain personal information to DraftKings for purposes related to participation and eligibility for participation in the KOB; (iii) agree to execute documents as DraftKings may reasonably request and within the time frames communicated by DraftKings; (iv) agree to respond in a timely manner to DraftKings’ reasonable requests, including, but not limited to, requests for information; (v) agree, at all times while participating in the KOB, to use their best efforts to uphold the good name, image, and reputation of DraftKings and to refrain from making any statements or engaging in any conduct that could damage or bring into disrepute the name, image, and/or reputation of DraftKings; and (vi) agree, at all times while participating in the KOB, to conduct themselves in a professional manner and refrain from any conduct or activity that may bring a Contestant into disrepute or harm a Contestant’s name or reputation. In the event the Contestant engages in behavior that, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, DraftKings reserves the right to revoke or reclaim the Contestant’s Prize(s) (in the event any) and/or terminate the Contestant’s entry to the KOB with no further compensation. In such event, and without limiting any other rights of DraftKings, the Contestant may also be required to reimburse DraftKings for the Prize.
10. Entry into the Contest

1. Individuals must qualify for the KOB by winning one (1) of sixty four (64) DraftKings daily fantasy contests that award a ticket to the KOB as a prize. There is no other method of entry into the KOB.  In the event two (2) or more individuals tie in a qualifying contest for an entry ticket into the KOB, there will be a playoff contest, the details of which (including any tiebreak mechanisms or procedures to be used in the event of a tie in the playoff) will be determined by DraftKings in its sole and absolute discretion, between the tied individuals to determine the individual who wins the entry ticket into the KOB. Contestants may qualify multiple times for the KOB (subject to the maximum described below), and each qualification ticket entitles a Contestant to one (1) entry into the KOB. Each entry into the KOB consists of one (1) entry into the field of sixty four (64) of the KOB. Each Contestant may have a maximum of four (4) entries in the KOB, and each of a Contestant’s entries will be scored independently from one another (i.e., the points earned by each entry will not be aggregated). In the event a Contestant wins an additional entry(ies) into the KOB after already winning four (4) entries into the KOB, the Contestant will not receive such additional entry(ies) and will not receive or be entitled to any compensation or prizes as a replacement for such additional entries. There will be a maximum of sixty four (64) Contestants in the KOB. Individuals who qualify for the KOB cannot transfer or assign their qualification ticket to another individual or send a proxy to the KOB. For no additional compensation or renumeration, Contestants may be required to film at least one (1) interview with the DraftKings content team before the KOB and one (1) interview during the KOB, as determined by DraftKings in its sole and absolute discretion. The interviews may be used by DraftKings for no additional compensation or renumeration to Contestant and at DraftKings’ sole and absolute discretion, including, but not limited to, in connection with the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings and/or the KOB. For no additional compensation and renumeration, Contestants will wear patches, attire, and/or promotional items as DraftKings may reasonably direct.

• Operation of the Contest

1. Each round of the KOB will be held online on the dates to be announced by DraftKings. The KOB will be played online on DraftKings.com or the DraftKings Daily Fantasy Sports mobile application. Each head-to-head contest of the KOB will be administered and scored according to DraftKings’ CBB Classic contest rules (provided that these Rules will govern in the event of any conflict between the DraftKings’ CBB Classic contest rules and these Rules). Each round of the KOB will be based on the statistics and results of a specific set of CBB games (each, a “Game Set”) to be determined by DraftKings in its sole and absolute discretion, for any reason or no reason.

• In the event that all or any part of the CBB games comprising the Game Set for the applicable round of the Contest is canceled, postponed, suspended, or delayed and cannot be completed on the originally scheduled date, DraftKings may reschedule, delay, postpone, alter, or modify the applicable Contest round in its sole and absolute discretion to accommodate the start or completion of such Game Set, or even cancel or vacate the Contest.  In the event the Game Set for the applicable round of the Contest cannot be completed within an appropriate time (as determined by DraftKings in its sole and absolute discretion) after the Game Set for the applicable round of the Contest has begun, DraftKings reserves the right in its sole and absolute discretion to vacate the results and scoring of the affected and unfinished Game Set, select substitute CBB games as the new Game Set, and replay the affected Contest round on another date (with no carryover, scoring, points, or results from the vacated Game Set).  In the event that CBB games cannot be used or completed for a particular round of the Contest, DraftKings also reserves the right in its sole and absolute discretion to utilize other sporting events for which DraftKings customarily offers daily fantasy sports contests as the Game Set.  DraftKings uses official CBB statistics and only includes statistics from CBB games deemed to be official.  For clarity, in the event any CBB governing body officially shortens and finalizes the games comprising the Game Set for any round of the Contest for any reason, DraftKings reserves the right to use the statistics that are generated for the portion of the games that has been completed to settle the applicable Contest round and render it final, as set forth in the CBB Classic contest rules. 

• For all dates, locations, times, and quantities that are identified in these rules as “TBD”, DraftKings will update these Rules to include the to be determined information once it is fully and finally determined by DraftKings, and all Contestants consent to DraftKings updating these Rules to include such information once it has been so determined.

• Each qualifier to the KOB corresponds to a position in the KOB bracket below.

 The KOB bracket is divided into four (4) regions.

Region A

Region B

Region C

Region D

Contestant(s) who win multiple entries into KOB cannot have more than one (1) entry in the same region of the KOB Bracket. Once all positions in the KOB bracket have been filled, in the event Contestants’ have multiple entries in the same region of the KOB bracket, DraftKings will randomly swap the additional entry(ies) in the same region of the KOB bracket to a different position in another region of the KOB bracket such that no Contestant has more than one (1) entry in any region. For clarity, a Contestant that does not have multiple entries into the same region of the KOB bracket may be randomly swapped into a different position of a different region of the KOB bracket in order to facilitate the movement of entries of Contestants with multiple entries. Any KOB bracket posted by DraftKings prior to the start of the first (1st) round of the KOB is unofficial. In the event a Contestant has two (2) entries in the same head-to-head contest after the third (3rd) round of the KOB, the Contestant must still enter two (2) lineups into the head-to-head, and such lineups may not be identical to themselves.

• Except for the final round of the KOB, in the event two (2) Contestants tie in their KOB head-to-head, the winner of the head-to-head will be determined by the single player in each Contestant’s lineup that scored the most fantasy points in that head-to-head. In the event the highest scoring single player in each Contestant’s lineup scored the same number of fantasy points in that head-to-head, the single player in each Contestant’s lineup that scored the second (2nd) to most fantasy points in the head-to-head will be used to determine the winner. This process will continue throughout the remaining positions in each tied Contestant’s lineup until a winner is determined. As an example only, in the event Contestant A and Contestant B have the same score in their KOB head-to-head, Contestant A’s highest scoring single player in their lineup scored twenty three (23) points, Contestant A’s second (2nd) highest scoring single player in their lineup scored nineteen (19) points, Contestant B’s highest scoring single player in their lineup scored twenty three (23) points, and Contestant B’s second (2nd) highest scoring single player in their lineup scored fifteen (15) points, Contestant A will be the winner of the head-to-head.

Except for the first round and final round of the KOB, in the event Contestants in a head-to-head of the KOB have two (2) identical rosters or two (2) Contestants are still tied in a head-to-head after all tie breakers set forth in the prior paragraph, the Contestant with the most cumulative points throughout the prior rounds of the KOB will be deemed the winner of the head-to-head. In the event Contestants in a head-to-head of the KOB are still tied in a head-to-head after the tie breakers set forth in the preceding sentence, DraftKings will decide, in its sole and absolute discretion, the tie-breaker contest or other tie-breaker method to be used to determine which Contestant will be deemed the winner of the applicable head-to-head.

In the first round of the KOB, in the event Contestants in a head-to-head of the KOB have two (2) identical rosters or two (2) Contestants are still tied in a head-to-head after all tie breakers set forth in the first paragraph of this Section(C)(5), DraftKings will decide, in its sole and absolute discretion, the tie-breaker contest or other tie-breaker method to be used to determine which Contestant will be deemed the winner of the applicable head-to-head.

In the final round of the KOB, in the event Contestants in a head-head of the KOB have two (2) identical rosters or two (2) Contestants are still tied in a head-to-head after all tie breakers set forth in the first paragraph of this Section(C)(5), the Prizes for the 1^st place winner and 2^nd place winner will be combined and split evenly between the two (2) tied Contestants, and each such Contestant would be awarded seventy five thousand dollars ($75,000).

• Contest Winner and Prizes

1. Except for tie breakers as set forth in Section (C)(5) above: (i) each head-to-head contest of the KOB will be determined by the total points accumulated by the Contestant’s individual lineup entry for such head-to-head contest. Points accumulated prior to the KOB, including, without limitation, in any KOB qualifying contests, will not be counted.

• The prizes for the KOB (each, a “Prize”) will be:

• The winner of the final head-to-head of the KOB will be the 1^st place winner and will receive $100,000;
• The runner up of the final head-to-head of the KOB will be the 2^nd place winner and will receive $50,000;
• Contestants knocked out of the KOB in the semi-final round (Round of 4) will receive $25,000;
• Contestants knocked out of the KOB in the Quarter Final round (Round of 8) will receive $14,000;
• Contestants knocked out of the KOB in the Round of 16 will receive $6,000;
• Contestants knocked out of the KOB in the Round of 32 will receive $3,000; and
• Contestants knocked out of the KOB in the Round of 64 will receive $1,500.
• In order to claim a Prize, the winner must execute all documents and provide all information as DraftKings may require in its sole and absolute discretion, for any reason, or no reason, and the Prize winner must respond in a timely manner to DraftKings’ requests. In the event a winner is not able to meet or violates these Rules or the DraftKings Daily Fantasy Sports Terms of Use, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, that Prize winner may not be entitled to the Prize, or any other prize, compensation, or monetary value whatsoever, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason, and DraftKings will have no further obligation to that Prize winner.
• The Prize winner(s) may be taxed on the fair market value of their Prize depending on applicable law, and all such tax liability is the responsibility of the winner(s).
• Miscellaneous Terms and Conditions

1. The DraftKings Daily Fantasy Sports Terms of Use shall apply to the KOB, and these Rules, and the DraftKings Daily Fantasy Sports Terms of Use, including any amendments thereto, are hereby incorporated into these Rules by reference. These Rules are intended to be a supplement to the DraftKings Daily Fantasy Sports Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Daily Fantasy Sports Terms of Use. To the extent that any provision of these Rules conflicts with any provision in the DraftKings Daily Fantasy Sports Terms of Use, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Daily Fantasy Sports Terms of Use, unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Daily Fantasy Sports Terms of Use, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Daily Fantasy Sports Terms of Use.
2. The DraftKings Privacy Notice shall apply to the KOB and to these Rules, and the DraftKings Privacy Notice, including any amendments thereto, is hereby incorporated into these Rules by reference. These Rules are intended to be a supplement to the DraftKings Privacy Notice and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the DraftKings Privacy Notice. To the extent that any provision in these Rules conflicts with any provision in the DraftKings Privacy Notice, the provision contained in these Rules shall apply, and the provision contained in these Rules shall be deemed to supersede the conflicting provision contained in the DraftKings Privacy Notice unless otherwise stated herein. Other than a provision in these Rules that explicitly conflicts with a provision in the DraftKings Privacy Notice, in no way shall these Rules be deemed to replace or nullify any provision contained in the DraftKings Privacy Notice. A Contestant’s information will be used subject to the DraftKings Privacy Notice and these Rules. Contestants understand and acknowledge that their selections for the KOB, once locked, may be made public and displayed on the KOB board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the KOB, and in perpetuity as DraftKings deems fit.
3. By entering the KOB, each Contestant agrees to receive communications from DraftKings, subject to opting out when the Contestant so desires and in a manner prescribed by DraftKings.
4. To the extent permitted by applicable law, by entering or participating in the KOB, each Contestant hereby agrees and consents, without further authorization, compensation, or remuneration of any kind, to the editing, modification, replication, publication, and/or other use of the Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like, in any medium, whether now known or hereafter developed, including without limitation, in any and all advertising, promotions, and other publicity conducted by DraftKings, whether in connection with the administration of the KOB or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings or the KOB. Each Contestant further assigns any and all rights he or she may have over his or her entry(ies) or selections to DraftKings without further authorization, compensation, or remuneration of any kind.To the extent permitted by applicable law, by entering or participating in the KOB, each Contestant hereby agrees, without any compensation, to sign any releases, assignments, or authorizations related to publicization of Contestant’s name, likeness, photographs, videos, voice, entries, selections, and the like.
5. Unless otherwise indicated, all references to time of day contained herein refer to the prevailing Eastern Time Zone.
6. In the event of a Force Majeure Event (as defined below), DraftKings may reschedule, delay, postpone, alter, or modify the KOB, or may cancel the KOB altogether as determined in DraftKings’ sole and absolute discretion, for any reason or no reason. As used herein, “Force Majeure Event” means the interruption of or material interference with DraftKings’ ability to hold the KOB or to grant the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., COVID-19), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), or any federal, state or local government law, order, or regulation, or order of any court.
7. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the KOB and/or these Rules shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and each Contestant hereby waives any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. These Rules shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.
8. Employees of DraftKings or its affiliates may not participate in the KOB. Entries to the KOB cannot be transferred or cancelled by the Contestant. DraftKings is not responsible for any website performance issue, including, but not limited to, those that result in a delay or prevention of participation in the Contest or a selection for the KOB.

The best interests of the KOB and fairness are top priorities in decision-making. Unusual circumstances occasionally dictate that common-sense decisions in the interest of fairness take priority over technical rules. DraftKings reserves the right to make reasonable exceptions to these Rules where circumstances so require or warrant in its sole and absolute discretion, for any reason or no reason. DraftKings shall have the sole and absolute discretion, for any reason or no reason, to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.