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Terms of Use

Last updated 7.31.24

DK NETWORK TERMS OF USE

IMPORTANT! PLEASE CAREFULLY READ THESE DK NETWORK TERMS OF USE BEFORE ACCESSING OR USING THE DK NETWORK WEBSITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS OF USE ARE SUBJECT TO A WAIVER OF TRIAL BY JURY.

INTRODUCTION

DK Crown Media LLC. (“DraftKings“) operates the website https://dknetwork.draftkings.com/ (the “Website“). These DK Network Terms of Use (the “Terms of Use“) govern all aspects of your access and use of the Website and the Content (as defined in the Content Section below), products, features, tools, promotions, and other services offered through the Website (collectively, the “Services“).

AGREEMENT TO BE BOUND

By visiting the Website and/or using the Services, you agree to be bound by these Terms of Use; DraftKings’ privacy notice available by clicking here [A1] (the “Privacy Notice“); and all other rules, terms and conditions, policies, and notices applicable to the Content, Website, or Services, or any offers, promotions, or bonuses offered on or through the Website or Services that are posted on or through the Content, Website, 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 Terms of Use in their entirety (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 daily fantasy sports contests, DraftKings Pick6, 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 CONTENT, WEBSITE OR SERVICES. The Agreements constitute a legal agreement between you and DraftKings and shall apply to your access and use of the Content, Website, and the Services, even after termination of the offering of the Website and/or Services, or termination of any or all of your rights granted under the Agreements.

 CONDUCT

You may only use the Content, Website and/or Services as specified in the Agreements. You may not use the Content, Website, or Services:

  • to engage in or, attempt to engage in, any type of fraud;
  • to engage in any conduct that is improper, unfair, adverse to the operation of the Website or Services, or in any way detrimental to any other DraftKings customers;
  • in any way detrimental to DraftKings or its affiliates or the brand(s) of DraftKings or its affiliates, in any way that 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;
  • in any manner other than for your own personal, non-commercial use; or
  • to harass, abuse, or harm another person.

Additionally, it shall be a violation of the Agreements to tamper or interfere with, or circumvent, bypass, or manipulate any systems, controls, policies, or security measures of the Website or Services. You may not intercept, mine, harvest, or otherwise collect any Content or information from the Website or Services, including, without limitation, through use of any software or automated means You may not use of any software or other automated means to copy or store any Content.

You agree that you have no inherent or vested right to use the Content, Website, and/or Services and that you shall not acquire any such right based on your use of the Content, Website and/or Services.

ANY ATTEMPT TO DAMAGE THE WEBSITE OR SERVICES 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.

CONTENT

All content and information on the Website and/or the Services, including, without limitation, all statistics, scores, odds, results, news, editorial, text, images, video, audio, media, and opinions, (the “Content”) is provided AS IS and for informational and entertainment purposes only, is unofficial, and may not be up to date. Any Content related to fantasy sports, sports betting, or gambling should not be considered gambling advice or as endorsement of any form of gambling. The odds, statistics, and scores on the Website and/or Services may not be the same odds, scores, and statistics used for DraftKings or its affiliates’ other products and services. The Content may contain rumors, speculations, assumptions, and opinions and may be based on or related to content, articles, or information published or distributed by third parties. Neither DraftKings, its parents, subsidiaries, affiliates, successors, and assigns, as well as the officers, directors, employees, agents, contractors, shareholders, and representatives of each of the foregoing entities (collectively, the “DraftKings Released Parties“) nor DraftKings’ third-party providers warrant or make any representations of any kind with respect to the Content and any related information sources.

LIMITATION ON DRAFTKINGS RESPONSIBILITIES

The DraftKings Released Parties (as defined in the Content Section) are not responsible for incorrect, incomplete, misleading, invalid, or inaccurate Content; typographical, printing, or other errors in the Content, Website, and/or Services; human errors; technical malfunctions; the unavailability of the Content, Services, and/or Website; 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) related to the Website and/or Services; any injury or damage to your or any other person’s equipment or software relating to or resulting from your use of the Website and/or Services, including, without limitation, any viruses or bugs; your inability to access or use the Content, Website, and/or Services; theft, tampering, destruction, or unauthorized access to, or alteration of, the Content, Website, and/or Services; or any combination thereof.

DraftKings may, in its sole and absolute discretion, for any reason or no reason, at any time with or without notice to you, edit or remove any Content.

ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE AND/OR 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.

PROMOTIONS

DraftKings reserves the right at any time to modify, stop offering, and/or to cancel any promotions, bonuses, missions, or similar offers that are promoted through or available on the Website and/or Services at any time, in DraftKings sole and absolute discretion, for any reason or no reason.

The Agreements apply to any promotions, bonuses, achievements, or similar offers administered by DraftKings or its affiliates and promoted through or available on the Website and/or Services. Each such 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 Website 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 promoted through or available on the Website and/or Services, you agree to be bound by all terms, conditions, rules, and/or eligibility requirements associated with such 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.

Except where prohibited by law, by entering or participating in any promotions, bonuses, achievements, or similar offers promoted through or available on the Website and/or Services 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 Content, Website, Services 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.

All taxes associated with the receipt of any prizes associated with any promotions, bonuses, achievements, or similar offers promoted through or available on the Website and/or Services are the sole responsibility of the winner.

In the event the awarding of any prize associated with any promotions, bonuses, achievements, or similar offers promoted through or available on the Website and/or Services 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. 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.

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 participate in the applicable promotions, bonuses, achievements, or similar offer, are otherwise in compliance with the Agreements, and release the DraftKings Released Parties (as defined in the Content Section) from all claims. Additionally, before receiving any prizes, 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.

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 CONTENT SECTION) 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.

RESPONSIBLE GAMING

Information about responsible gaming, including self-exclusion and self-limitation options, is available at: https://www.draftkings.com/responsible-gaming.

TERMINATION AND EFFECT OF TERMINATION

DraftKings may immediately suspend and/or terminate the offering of the Website and Services, or any features or functionality within the Website and Services, or remove any Content at any time and without prior notice, in its sole and absolute discretion for any reason or no reason. The DraftKings Released Parties (as defined in the Content Section) shall not be liable to you for any suspension or termination of the Website and/or Services or for the unavailability of any Content.

The termination of the offering of the Website or Services or removal of any Content 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 termination of the offering of the Website or Services, or termination of any or all of your rights granted under the Agreements, shall survive termination of the offering of the Website or 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) AND THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE AND/OR SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR USE OF THE WEBSITE, SERVICES, AND/OR CONTENT IS AT YOUR SOLE RISK. THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN THE CONTENT SECTION) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND COVENANTS, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE RELATED TO THE CONTENT, WEBSITE, AND SERVICES. 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 CONTENT, THE WEBSITE, AND THE SERVICES; (B) THE SOFTWARE ON, AND PROVIDED THROUGH, THE WEBSITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF ANY CONTENT ON THE DRAFTKINGS WEBSITE AND/OR SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE AND/OR SERVICES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE AND/OR SERVICES; (E) ANY PRODUCTS OR SERVICES OFFERED OR PROMOTED VIA THE WEBSITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS OR SERVICES; (F) HYPERTEXT LINKS ON THE WEBSITE AND/OR SERVICES TO THIRD PARTY WEBSITES OR APPLICATIONS; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE, THE SERVICES, OR ANY THIRD PARTY SITE LINKED TO OR ACCESSED FROM THE WEBSITE OR SERVICES. DRAFTKINGS DOES NOT WARRANT THAT THE WEBSITE OR SERVICES, ANY OF THE FUNCTIONS THEREON, OR ANY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR LOCATION OR TIME; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE DRAFTKINGS RELEASED PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE, CONTENT, 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 THE CONTENT, WEBSITE, OR SERVICES, 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 CONTENT, WEBSITE, OR SERVICES.

INDEMNIFICATION

By visiting, accessing, or using the Content, the Website, or the Services, or accepting any prizes, you agree to indemnify, release, and hold harmless the DraftKings Released Parties (as defined in the Content Section) from any and all liability, claims, actions, proceedings, damages, losses, costs, expenses (including reasonable attorneys’ fees, court costs, and other legal expenses, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency, or other similar proceedings), fines, penalties, or settlements of any kind whatsoever, including, without limitation, personal injury, death, or losses to or damage of property, which directly or indirectly arise from, are related to, or are based upon: (i) your use of the Content, Website, or Services, including, without limitation, traveling to or participating in any events or activities related to the Website, the Services, the Content or any prizes related to any promotions, bonuses, achievements, or similar offers promoted through or available on the Website and/or Services; (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, in each case, related to any promotions, bonuses, achievements, or similar offers promoted through or available on the Website and/or Services; (iii) your breach of the Agreements; (iv) your use of the Content, the Website, and/or the Services in violation of any laws, rules, government orders, or regulations; (v) your use of the Content, Website, 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; (vi) your rights of publicity or privacy; and (vii) 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 (vii) “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 (AS DEFINED IN THE CONTENT SECTION) LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR USE OF THE CONTENT, SERVICES AND/OR WEBSITE 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 CONTENT, WEBSITE, SERVICES, OR THE INTELLECTUAL PROPERTY; (II) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE CONTENT, SERVICES, OR WEBSITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DRAFTKINGS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE CONTENT, WEBSITE, OR SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH CONTENT OR INTELLECTUAL PROPERTY OWNERS; OR (V) ANY ERRORS OR OMISSIONS IN THE CONTENT, WEBSITE, OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE TECHNICAL OPERATION OF THE WEBSITE OR SERVICES, IN EACH CASE OF (I) THROUGH (V), EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE DRAFTKINGS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE DRAFTKINGS RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

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

IN THE EVENT YOU ARE DISSATISFIED WITH THE CONTENT, WEBSITE, OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CONTENT, WEBSITE, AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE DRAFTKINGS RELEASED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE CONTENT, WEBSITE, AND SERVICES, OR OTHER 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 CONTENT, WEBSITE, SERVICES, OR OTHER PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DRAFTKINGS OR ITS AFFILIATES, AND ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING OR USING THE CONTENT, WEBSITE, OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INTELLECTUAL PROPERTY RIGHTS

The Content, Website, and Services themselves, 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 Website and Services and compilation and arrangement of information on the Website 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 Content, Website, Services, and Intellectual Property for your personal, non-commercial use only, and the Content, Website, 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 Website or Services. You will not modify or create derivatives of any Content. You may not remove or alter any trademark, trade names, product names, logos, copyrights, or other proprietary notices, legends, symbols, or labels on the Content, Website, or Services. DraftKings reserves all rights not expressly granted in and to the Content, Website, Services, and Intellectual Property. You agree to not engage in the use, copying, or distribution of the Content, Website, Services, or any of the Intellectual Property, other than as expressly permitted herein. In the event you download or print a copy of any Content or any depiction, implementation, or embodiment of the Content, Website, 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 Content or Intellectual Property. You agree not to circumvent, disable, or otherwise interfere with any features or controls of the Website or Services that prevent or restrict use or copying of any Content or Intellectual Property.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In the event you believe in good faith that the Content or other materials available on the Website or Services infringe your copyright, you (or your agent) may send to DraftKings a written notice by mail or e-mail, requesting that DraftKings remove such material or block access to it. In the event you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to DraftKings a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to DraftKings as follows: by mail to 222 Berkeley Street, Boston MA 02116 or by e-mail to legal@draftkings.com. DraftKings’ DMCA Agent’s phone number is 617-986-6744.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

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 Content, Website, 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.

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 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 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 Content, Website, and/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 accessing or using the Content, Website, or Services, you expressly relieve the DraftKings Released Parties (as defined in the Content Section) from any and all liability arising from your use of any third-party website. DraftKings encourages you to be aware when you leave the Website 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 Content, Website, and/or Services 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 or through the Content, Website, and/or 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 Content, Website, and/or Services or your use of any third party products or services advertised on or through the Content, Website, 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 parties and/or third party products or services advertised on or through the Content, Website, and/or Services.

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

Any waiver of a term or condition in the Agreements must be in writing signed by the party waiving such term or condition. No waiver of any term or condition of the Agreements shall be deemed a further or continuing waiver of such term or any other term, and 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 Website and/or Services. Your continued use of the Content, Website, 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 stop accessing and using the Content, Website, and Services.

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 Content, Website, and/or Services 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 or accessing the Content, Website, and/or Services 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.