DRAFTKINGS OCTOBER 2024 DISCORD-ONLY SINGLE-SPORT DFS CONTEST —OFFICIAL RULES 

IMPORTANT LEGAL NOTICE REGARDING DRAFTKINGS OCTOBER 2024 DISCORD-ONLY SINGLE-SPORT DFS CONTEST OFFICIAL RULES 

IMPORTANT! PLEASE CAREFULLY READ THESE OFFICIAL RULES (“Rules”) BEFORE ENTERING THE DRAFTKINGS OCTOBER 2024 DISCORD-ONLY SINGLE-SPORT DFS CONTEST AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  

1. Rules and Eligibility 

1. The DraftKings October 2024 Discord-Only Single-Sports DFS Contest (“Contest”) is a fantasy sports tournament exclusively for DraftKings Daily Fantasy Sports customers who are members of the DraftKings Discord Server and who enter the Contest via the procedures set forth in these Rules (each a “Contestant” and collectively, the “Contestants”).  The Contest will be administered and scored according to these Rules. 

2. By entering the Contest (as detailed in Section B, below) or participating in the Contest, 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, result in disqualification from the Contest, removal from the Contest, and forfeiture of any Prize (as defined below) as determined by DraftKings in its sole and absolute discretion. 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 Contest and to effectuate the forfeiture of your Prize or potential Prize.  

3. BY ENTERING AND/OR PARTICIPATING IN THE CONTEST YOU UNDERSTAND AND AGREE THAT DRAFTKINGS AND ITS AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR ENTRY INTO AND PARTICIPATION IN THE CONTEST 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 CONTEST, THESE RULES, YOUR ENTRY INTO, OR YOUR PARTICIPATION IN THE CONTEST ; (2) THE FANTASY SPORTS CONTESTS, CONTENT, PRODUCTS, SERVICES, AND PROMOTIONS ON DRAFTKINGS.COM AND/OR DRAFTKINGS MOBILE APPLICATION OR YOUR UPLOADED INFORMATION; (3) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF DRAFTKINGS.COM 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 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 DRAFTKINGS.COM 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 CONTEST IS AT YOUR RISK. IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTEST, YOUR SOLE AND EXCLUSIVE REMEDY IS TO FORFEIT THE CONTEST. 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 CONTEST 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 CONTEST, ANY DRAFTKINGS WEBSITE, OR OTHER PROPERTY OR YOUR UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ENTERING INTO AND PARTICIPATING IN THE CONTEST, 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. 

4. DraftKings reserves the right to amend these Rules, the DraftKings Daily Fantasy Sports Terms of Use, and/or the DraftKings Privacy Notice at any time, 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 Contest or by participating in the Contest after we change these Rules, the DraftKings Daily Fantasy Sports Terms of Use, 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 first round of the Contest. 

5. DraftKings reserves the right to change, modify, suspend, delay, or cancel the Contest (including the start and end dates of the Contest or of any qualifying contests) at any time.  

6. DraftKings has the right, in its sole and absolute discretion, for any reason or no reason at all, to exclude or remove any Contestant(s) and/or individual(s) from participation in the Contest, including, but not limited to, in instances where DraftKings determines that there are irregularities, fraudulent activities, or abuses occurring in connection with the individual or Contestant’s entry or selections. By entering or participating in the Contest, you acknowledge and agree that DraftKings has the right, in its sole and absolute discretion, and for any reason or no reason at all, to exclude you from participation in the Contest, and by entering into or participating in the Contest, 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.  

7. To be eligible to enter and participate in the Contest, each Contestant must: (i) be the owner of the DraftKings account under which 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 or Alabama 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 any of the fifty (50) United States and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon, and 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.  In addition to the foregoing, to be eligible to enter and participate in the Contest, each Contestant must also have a valid Discord account and be a member of the DraftKings Discord Server.  You will not be able to enter and participate in the Contest unless you have a valid Discord account and are a member of the DraftKings Discord Server. DraftKings reserves the right to exclude additional state(s) 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. 

8. By entering and participating in the Contest, 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 Contest; (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 Contest, 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 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 Contest, 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, 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 any applicable experience(s) for the Contestant early, in whole or in part, 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. 

9. As a condition of participating in the Contest, you agree and acknowledge that Discord Inc. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Social Media Platform”) are not sponsors of the Contest nor do they endorse or administer the Contest, nor are they in any way associated with the Contest. You also agree that as a condition of participating in the Contest, you shall release the Social Media Platform from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Contest, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.   

2. Entry into the Contest 

1. Individuals must enter the Contest by clicking on the link for the Contest found within the contest lobby of the DraftKings Discord server, and then completing the dyno form (including entry of their DraftKings username, and the email address associated with their DraftKings account).  After completion of the dyno form, DraftKings will send each eligible contestant an entry ticket which can be used to enter the Contest on the DraftKings app. 

2. Individuals who qualify for the Contest cannot transfer their qualification to another individual or send a proxy to the Contest. 

3. Operation of the Contest 

1. The Contest will proceed according to the following: 

1. Eligible individuals who complete the steps outlined in paragraph B.1, above, will be permitted to enter one or both of: (i) an MLB Single Stat contest (the “MLB Contest”) with a $2,500 DK Dollar prize pool to be held on October 9, 2024, and/or (ii) an NFL Single Stat contest (the “NFL Contest”) with a $2,500 DK Dollar prize pool to be held on October 13, 2024.  An individual may enter both the MLB Contest and the NFL Contest, but may only have a maximum of one (1) entry in each. 

2. All entrants in the MLB Contest and the NFL Contest will automatically receive an entry into a final contest (the “Final Contest”).  Entrants in the MLB Contest and the NFL Contest will only receive one (1) entry in the Final Contest, regardless of whether the entrant entered one (1) or both of the MLB Contest and the NFL Contest.  The Final Contest will be either (i) an NFL Classic contest to be held on October 20, 2024 with a $2,500 DK Dollar prize pool, or (ii) an MLB Classic contest to be held on October 17, 2024 with a $2,500 DK Dollar prize pool.  Whether the Final Contest is an NFL Classic contest held on October 20, 2024 or an MLB Classic contest held on October 17, 2024 will depend on the number of runs batted in (RBIs) generated by lineups in the MLB Contest as compared to the number of touchdowns generated by lineups in the NFL Contest.  In the event the number of touchdowns generated by lineups in the NFL Contest is greater than the number of RBIs generated by lineups in the MLB Contest, then the Final Contest will be the NFL Classic contest held on October 20, 2024.  In the event the number of RBIs generated by lineups in the MLB Contest is greater than the number of touchdowns generated by lineups in the NFL Contest, then the Final Contest will be the MLB Classic Contest held on October 17, 2024.  In the event the number of touchdowns generated by lineups in the NFL Contest is the same as the number of RBIs generated by lineups in the MLB Contest, then DraftKings will determine in its sole and absolute discretion whether the Final Contest will be the MLB Classic contest held on October 17, 2024 or the NFL Classic contest held on October 20, 2024. 

2. The MLB Contest and the NFL Contest will each be administered according to MLB Single Stat or NFL Single Stat contest rules, as applicable.  The Final Contest will be administered and scored according to NFL Classic contest rules or MLB Classic contest rules, as applicable.  The Contest will be held online and will be played on DraftKings.com or the DraftKings Daily Fantasy Sports mobile application.  The Game Set for the MLB Contest, the NFL Contest, and the Final Contest will be as set forth in the Contest Details section in the DraftKings Daily Fantasy Sports mobile application or DraftKings.com for the applicable round of the Contest.  If the Game Set for the Contest is canceled, postponed, delayed, or otherwise will not take place, DraftKings may host the Contest online on a later date TBD with a Game Set TBD in DraftKings’ sole and absolute discretion. 

3. In the event that any of the sporting events within an applicable Game Set in the Contest are canceled, postponed, suspended, or delayed and cannot be completed within the originally scheduled Contest round dates, DraftKings may reschedule, delay, postpone, alter, or modify the Contest 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 a particular Game Set cannot be completed within an appropriate time (as determined by DraftKings in its sole and absolute discretion) after a Game Set within a Contest round 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 professional sporting events as the new Game Set, and replay the Contest on another date (with no carry over scoring, points, or results from the vacated Game Set). In the event that MLB or NFL games, as applicable, cannot be used or completed for a Game Set in the Contest, DraftKings also reserves the right in its sole and absolute discretion to utilize other professional sporting events for which DraftKings customarily offers daily fantasy sport contests as the Game Set.  

4. 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. 

4. Contest Winner and Prizes 

1. Results for the MLB Contest will be determined by the total points accumulated by the individual lineup entry within the MLB Contest.  The prizes (each, a “Prize”) for the MLB Contest will be as published within the Payout Structure section of the Contest Details for the MLB Contest in the DraftKings Daily Fantasy Sports mobile application or DraftKings.com.  The total Prize pool for the MLB Contest is $2,500 in DK Dollars. 

2. Results for the NFL Contest will be determined by the total points accumulated by the individual lineup entry within the NFL Contest.  The Prizes for the NFL Contest will be as published within the Payout Structure section of the Contest Details for the NFL Contest in the DraftKings Daily Fantasy Sports mobile application or DraftKings.com.  The total Prize pool for the NFL Contest is $2,500 in DK Dollars. 

3. Results for the Final Contest will be determined by the total points accumulated by the individual lineup entry within the Final Contest.  The Prizes for the Final Contest will be as published within the Payout Structure section of the Contest Details for the Final Contest in the DraftKings Daily Fantasy Sports mobile application or DraftKings.com.  The total Prize pool for the Final Contest is $2,500 in DK Dollars. 

4. All Contest Prizes will be awarded in DK Dollars.  DK Dollars are site credits that are single-use, non-transferable, non-withdrawable, and have no cash value. DK Dollars are used prior to any cash in your balance. DK Dollars do not expire and must be played 1x prior to withdrawal of winnings. Just like if you paid your DFS entry fee in cash, your DK Dollars entry fee is not returned to your account. There are no restrictions or play-through requirements on winnings earned from DK Dollars. To learn more see https://help.draftkings.com/hc/en-us/articles/4405232411539-What-are-DK-Dollars.   

5. In the event of a tie between two (2) or more Contestants, the Prizes for the tied positions will be evenly split among each of the tied Contestants. For example, in the event two (2) Contestants tie for first place in the Final Contest, the first place Prize and second place Prize for the Final Contest would be combined and split equally between the two (2) tied Contestants. 

6. In order to claim a Prize, the winner must execute all documents as DraftKings may reasonably request and respond in a timely manner to DraftKings’ reasonable requests to facilitate Prize fulfilment. 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, that 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, and DraftKings will have no further obligation to that winner.  

7. The 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). 

5. Miscellaneous Terms and Conditions 

1. The DraftKings Daily Fantasy Sports Terms of Use shall apply to the Contest, and these Rules and are hereby incorporated herein 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 Contest and to these Rules and is hereby incorporated herein 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 Contest, once locked, shall be made public and displayed on the Contest board and may be used by DraftKings in any other way deemed appropriate by DraftKings for the duration of the Contest, and in perpetuity as DraftKings deems fit.  

3. By entering the Contest, 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 Contest, 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 Contest or the development, production, distribution, commercialization, promotion, and/or exploitation of DraftKings or the Contest. 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 Contest, 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. 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 Contest, or may cancel the Contest altogether. As used herein, “Force Majeure Event” means the interruption of or material interference with DraftKings’ ability to hold the Contest 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 Contest 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 Contest. Entries to the Contest 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 Contest.  

The best interests of the Contest 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. DraftKings shall have the sole and absolute discretion to interpret and enforce these Rules, and such interpretation and decisions related thereto are final.