IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE CONTEST RULES (hereinafter, "Contest Rules") BEFORE ENTERING THE MAY BASEBALL SPECIAL AS THESE RULES AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

CONTEST DESCRIPTION

DK players (“Entrants”) who spend $50+ in total cumulative entry fees into MLB contests (see https://www.draftkings.com/lp/2021-mlb-may-baseball-special) between Monday, May 10 and Friday, May 14 will receive a $5 MLB contest ticket. This ticket can be used into the Featured $5 MLB contest on Monday, May 17th. DK players must view the landing page to be eligible. If you spend $50+ in MLB Baseball contests, your $5 MLB contest ticket will be credited on Monday, May 17. If you have any questions, please contact support@draftkings.com.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the May Baseball Special Contest shall be governed by the DraftKings Terms of Use and Privacy Policy as well as the contest rules.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the May Baseball Special Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Terms of Use, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use. To the extent the any provision of these Contest Rules conflicts with any provision in the Terms of Use, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflits with a provision in the Terms of Use shall these Contest rules to be deemed to replace or nullify any provision contained in the Terms of Use.

EFFECT OF CONTEST RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website shall apply to the May Baseball Special Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. To the extent the any provision of these Contest Rules conflicts with any provision in the Privacy Policy, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

LIMITATION OF LIABILITY

The limitation of liability contained in the Terms of Use shall be deemed to include your participation in the May Baseball Special Contest and your travel to and from, and attendance at the May Baseball Special, and by entering the May Baseball Special Contest youagree to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of use, by the provisions thereof.

MARKETING DISCLAIMER

By entering the May Baseball Special Contest, each players agrees to receive communications from DraftKings, subject to opting out when Entrant so desires. Entrant’s information will not be shared or sold to any outside party.

CONSENT OF USE

Each player who enters the May Baseball Special Contest 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 names, likenesses, photographs, videos, voices, Entries and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation, any and all advertising, promotions, and other publicity conducted by DraftKings. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry to the Sponsor without further authorization, compensation or remuneration of any kind.

MISCELLANEOUS

As used herein, a "Force Majeure" event shall mean the interruption of or material interference with DraftKings' ability to grant to the winners the Prize by anycause or occurrence not within DraftKings' reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), 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. In the event of a Force Majeure, DraftKings may reschedule the Korean Baseball Special Contest, or may cancel the Korean Baseball Special Contest altogether.

DraftKings reserves the right to alter these rules and event at any time in DraftKings' sole discretion upon reasonable notice to you; provided however that any change in the Prize shall be made prior to the beginning of the Korean Baseball Special Contest.

By participating in this Korean Baseball Special or accepting the Prize Package, entrants further acknowledge and agree to the following Prize Package restrictions:

Hotel and Flight Accommodations

Once hotel and flight accommodations have been confirmed, no changes will be allowed except by Sponsor or its designees. Hotel accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement. All incidentals not mentioned within the Prize Package details, including, without limitation, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize Package winner and his/her travel companion. 

Incidental Expenses

All other expenses and incidental travel costs not expressly stated in the Official Rules, including but not limited to, hotel costs, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotelroom, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize Package description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Prize Package winner and their travel companion. The Prize Package winner and their travel companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledgethat Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.

Conduct

The Prize Package winner and his/her travel companion must follow all instructions of Sponsor or its designees relative to the Prize Package and any element thereof. In the event the Prize Package winner or his/her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Prize Package or other applicable experience early, in whole or in part, and send the Prize Packagewinner and his/her travel companion home with no further compensation. In such event, the Prize Package winner may also be required to reimburse the Sponsor for the ARV of the Prize Package.

THE PRIZE PACKAGE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

By participating in the May Baseball Special Contest, the player agrees to be bound by the terms of these May Baseball Special Contest Rules, and the Terms of Use, andhereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.