DraftKings | Daily Fantasy Sports For Cash

VERSION: 3.1

LAST UPDATED: 29 August 2017

DRAFTKINGS TERMS OF USE

IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DRAFTKINGS

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING DRAFTKINGS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

GENERAL

Crown DFS Malta Limited owns and operates the Website that links to these Terms and Conditions. We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the "Services" that we may provide from our Website. The terms and conditions defined in this text ("Terms and Conditions"), our privacy policy ("Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms and Conditions and the Privacy Policy, the "Agreements"), regulates the usage of Contests and play provided through www.draftkings.com as well as other URLs licensed to or belonging to Crown DFS Malta Limited ("the Websites").

Crown DFS Malta Limited is licensed and regulated in Malta by the Malta Gaming Authority under the following licence MGA/SGR/C/15/2017 issued on the 30th of January 2017

The validity interpretation, construction and performance of these terms and conditions will be governed by and construed in accordance with the substantive laws of Malta and subject to the exclusive jurisdiction of the Malta Arbitration Centre.

Crown DFS Malta Limited is referred to as "DK", "we" or "us" and the player as "you" or the "Player".

The version of this agreement is Version 3.1 and was last updated on 29 August 2017 and is valid until a new version is in place on the Websites and is accepted by the Player.

DK reserves the right to modify these Terms and Conditions and, therefore, to amend this agreement between you and DK at any time. DK will notify you of any change, and such change will not come into force in your respect unless and until you approve the change. You must read all the terms and conditions before accepting the agreement. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. Subsequent use of the Website will constitute your acceptance of the modified Terms. These Terms of Use constitute a legal agreement between you and DraftKings, and shall apply to your use of the Website and the Services even after termination.

These Terms and Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help players. It is only the English version that is the legal basis of the relationship between you and DK. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail.

CONSIDERATION

You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. You also understand that the laws of Malta apply.

CONTRACTING PARTIES

The Services are provided by Crown DFS Malta Limited a company incorporated in Malta, with registration number C74501, and having its registered address at Level G (Office 1/1518), Quantum House, 75, Abate Rigord Street, Ta??T Xbiex, XBX 1120, Malta.

YOUR OBLIGATIONS

You may establish only one (1) account per person to participate in the Services offered on the Website. In the event DK discovers that you have opened more than one (1) account per person, in addition to any other rights that DK may have, DK reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.You must be at least 18 years of age to open an account, participate in contests, or win prizes offered by the Website. It is your sole responsibility to know whether participating in DraftKings Contests is legal in your country of residence.

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

You may only participate in the Contests on your own behalf and not on behalf of any other person or company.

You will not transfer funds from your account to other players or to receive money from other players into your account.

You may only participate in any game if you have enough funds on your account for such participation.

You may not use the funds which are tainted or associated with any illegality and does not originate from any illegal activity or source.

You are solely responsible for reporting and accounting for any taxes or other fees applicable to you under the relevant laws for any winnings that you receive from DK.

In relation to deposits and withdrawals of funds into and from your Account, you shall only use such credit cards and other financial instruments that are valid and which lawfully belong to you.

You shall not be involved in any collusive, fixing, collusive or other unlawful activity in relation to your or third parties??T participation in any of the Games and shall not use any software-assisted methods or techniques or hardware devices for your participation in any of the Games. DK reserves the right to limit, invalidate, or refuse any Contest entriesat its sole discretion..

The software may only be used for your personal, recreational use in accordance with the rules and the Terms and Conditions that we have established and also in accordance with all the applicable laws, rules and regulations.

DK employees may use the Website, and will from time to time do so for the purpose of testing the site user experience, socializing and competing with customers to build community, and other reasonable and fair uses at the discretion of DK.

YOUR ACCOUNT

You must register personally with DK and open an account in order for you to be able to enter paid Contests and deposit money. Only one (1) account per player is permitted. If you attempt to open more than one (1) account, all the other accounts you try to open may be blocked or closed and any Contest entries may be null.

It is your sole responsibility to enter all the mandatory information, including but not limited to valid identification, address, email, or telephone number as requested for registration and/or deposit and such information must be true and correct. You are hereby notified that DK will carry out verification procedures and if the information provided by you is found to be false or misleading, your Account may be blocked for access or closed. The information provided must be kept up to date in the event such information changes.

You must notify us immediately in the event that you have more than one registered Account. Failure to do so will lead to the blockage or closure of your Account.

As part of the registration process, you have to choose a username and a password for your login to the Website. It is your sole responsibility to ensure that your details are kept securely. We are not responsible for any misuse or abuse of your Account by any third party due to your disclosure of your login details.

Transferring, selling and/or acquiring user accounts is also prohibited.

At its sole discretion, DK reserves the right to refuse or close an account, however any contractual obligations already made by DK shall, without prejudice to any rights available at law to DK, be honored accordingly.

Player collusion is prohibited by DK and any kind of robots and other programmed devices are not allowed to participate in Contests.

If you wish to close your account, you are allowed to do so at any time, by contacting customer support through the Website or via email. The effective closure of the Account will correspond to the termination of the Terms and Conditions.

If a player account is closed, any related information, which includes the player name, address, phone, email and account transactional details, will be saved for up to five (5) years from the date when the account is closed.

CUSTOMER FUNDS

DK holds customer funds in one or more segregated accounts which are separate from those accounts in which we hold company funds.

DK is not a financial institution and is not to be treated as such; no interest shall be paid on any account balances.

If we make any change to the terms on which your funds are held, we will notify you in advance of such change taking effect by such means as we determine appropriate.

VERIFICATION OF YOUR AGE AND IDENTITY

All transactions shall be checked in order to prevent money laundering or financing of terrorism. If DK becomes aware of any suspicious activity relating to any of the Games of the Website, DK shall report this to the relevant Authorities immediately in Malta. DK may suspend, block or close an Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act.By agreeing to the Terms you authorise us to undertake such verification checks as we may require ourselves or may be required by third parties (including regulatory bodies) to confirm your age, identity and contact details and to prevent money laundering (the "Checks").

We reserve the right to withhold any payment from a player??Ts account to such player until we are satisfied that the identity, age and place of residence of the player has been suitably verified.

If age verification is not completed to our satisfaction within seventy-two (72) hours of you first depositing money into your account we are required to freeze your account until such time as we can successfully verify that you are aged 18 or over.

We may ask you to provide further information to us in order to complete the Checks. If you do not or cannot provide us with such information as may be required for the Checks to be completed to our satisfaction, we may suspend or permanently close Your Account.

DEPOSITS INTO YOUR ACCOUNT

Assigned fees for processing deposits may be charged by us. If such fees are charged, they are visible during the deposit process.

For information on minimum and maximum deposit limits, as well as accepted forms of payment, please visit our Deposit page on the Website.

If DK mistakenly credits your Account with winnings that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain property of DK and DK reserves the right to transfer the appropriate amount from your Account. If prior to DK becoming aware of the error, you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available at law, the mistakenly paid amount will constitute a debt owed by you to DK.

WITHDRAWALS

For details on withdrawal methods, rules, and restrictions, please visit our Withdrawals page on the Website.

All withdrawal requests will be reviewed prior to DK submitting payment.

Any withdrawal requests which contain funds not used for participation in Contests on the Website will be processed as a refund to the original form of deposit.

DK will not charge assigned fees for processing withdrawals, not inclusive of any fees charged by the credit card processor or your financial institution.

DORMANT & INACTIVE ACCOUNTS

A dormant account is an account that has not been accessed for thirty (30) months and that has a real money balance.

If your Account has become dormant, we shall remit the balance on your Account to you or, if you cannot be located, to the Malta Gaming Authority. DraftKings will not assess any fees to dormant accounts.

RESPONSIBLE GAMING

Deposit Limits

In order to assist you to participate in our fantasy sports contests responsibly, we offer a Deposit Limit within each customer account. Limits can be amended at any time. A decrease in the deposit limit will take effect within 24 hours. but an increase can only occur after a cooling-off period, in order to allow you to reflect on the decision to increase the deposit limit before it takes effect.

Self-exclusion

Should you need to take a break from our fantasy sports contests, we provide a self-exclusion facility which can be activated by you via your Account or by contacting Customer Support.

If you are considering self-exclusion, please remember to contact all gaming companies with whom you have accounts and ask to self-exclude with them too. We will use our reasonable endeavours to ensure compliance with your self-exclusion from the Website. However you accept that we have no responsibility or liability whatsoever if you use the Website during any period in which you have self-excluded in circumstances where you have taken steps to avoid us being able to identify you. We also recommend that consideration is given to the installation of software that will allow you to block access to internet gaming websites.

If you wish to remove a restriction or increase a limit set by you, such change shall only take place seven (7) days after the request has been received by the Website??Ts support.

Underage Gaming

It is illegal for anyone under the age of 18 to open an account or to participate in the fantasy sports contests on our website. We carry out age verification checks on all customers who use payment mechanisms which are available to under 18s and additionally perform random age verification checks on customers using other forms of funding mechanisms. Please note than anyone under the age of 18 found to be using the Website will forfeit any winnings and may also be reported to the authorities.

CONDITIONS OF PARTICIPATION

By entering a Contest, entrants agree to be bound by these Terms and the decisions of DraftKings. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:

Falsifying personal information required to enter a Contest or claim a prize;
Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other entrants information and spamming other entrants; or
Abusing the Website in any way.

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless DraftKings, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. DraftKings may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

DraftKings is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

DraftKings is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND 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.

All entries become the property of DraftKings and will not be acknowledged or returned.

To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide DraftKings with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, DraftKings will, in its sole and absolute discretion, utilize certain information collected by DraftKings to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner and continuing until such time when DraftKings informs them that they no longer need to do so that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.

DraftKings reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by DraftKings in its sole discretion.

USE OF SCRIPTS

In certain circumstances, the Company may permit the limited use of scripts on the Website. Please contact support@draftkings.com for further details.

CONTEST PRIZES AND PROMOTIONS

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms of Use.

Guaranteed prizes are offered in connection with some of the Contests offered by the Website. Each Contest or promotion is governed by its own set of official rules. These can be found at www.draftkings.com/help/nfl. We encourage you to read such Contest and promotions Rules before participating.

OTHER LEGAL RESTRICTIONS

CONTEST OF SKILL

Contests offered on the Website are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules.

CONTEST STATISTICS AND LIVE SCORING

To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the DraftKings Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While DraftKings and the third parties used to provide the DraftKings Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the DraftKings Website and related information sources. DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the DraftKings Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

CONTEST RESULTS

Contest results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in DraftKings' sole discretion.

DraftKings reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, DraftKings may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

PRIZES

At the conclusion of each Contest, prizes will be awarded by 18:00 GMT on the following day except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes are listed in our prize table list. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.

PRIZE TABLES

Contest prize payouts will be published with the creation of each new contest. DraftKings reserves the right, in its sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by DraftKings to its customers but will not be required.

PAYMENT AND WITHDRAWAL OF PRIZES

Winners are posted on the Website.

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or, as may be necessary, appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by DraftKings in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.

Promotional deposits, credits, and other bonuses may not be withdrawn from a DraftKings account unless appropriate terms of the promotion are achieved first by the user.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, DraftKings reserves the right in its sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that DraftKings reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by DraftKings, will be credited back to the same credit card or method of payment used to deposit funds on the Website. DraftKings will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, DraftKings may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the DraftKings Website. DraftKings may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. Any such action shall not affect any rights and obligations arising prior thereto.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:

(A) THE WEBSITE;
(B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE;
(C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE;
(D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
(E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
(F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, 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 WEBSITE OR THE CONTENT.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"):

Warrant that the software, Contests and the Websites are fit for their purpose;

Warrant that the software, Contests and the Websites are free from errors;

Warrant that the software, Contests and the Websites will be accessible without interruptions;

Be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Websites or your participation in the Contests.You understand and acknowledge that, if there is a malfunction in a Contest or its interoperability, any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning Contest shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Contests are played using such funds.

You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Contests.

To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Websites, regardless of the cause of actions (whether in contract, tort, breach of warranty or otherwise), will not exceed Eur 100.

IN EACH CASE RELATED TO OR ARISING FROM OR IN CONNECTION WITH:

(1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE;
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;
(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR
(5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION,

IN EACH CASE EVEN IF FORESEEABLE AND/OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.

IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF YOUR POTENTIAL NET WINNINGS IN THE RELEVANT CONTEST AND ONE HUNDRED DOLLARS (`$100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, 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 ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK.

Nothing in these Terms of Use shall exclude or limit in any way liability which we may have for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, nor for fraud or fraudulent misrepresentation.

BREACHES, PENALTIES AND TERMINATION

If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend or to close your Account, or withhold payment of your winnings and apply such funds on account of any damages due to you.

If DK suspects that you are engaged in illegal and/or fraudulent activities when using any of the Websites; or in breach of this Agreement; or that you are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate your account or cancel any stakes at our absolute discretion.

You acknowledge that DK shall be the final decision-maker of whether you have violated DK??Ts rules, terms and conditions in a manner that results in suspension or permanent barring from participation in our site (s).

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Content on the Website is provided to you AS IS for your information and personal use only and 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 the respective owners.

DraftKings reserves all rights not expressly granted in and to the Website and the Intellectual Property.

You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of DraftKings, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

ENTIRE AGREEMENT

If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

These Terms and Conditions constitute the entire agreement between you and us with respect to the Websites and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites.

CHOICE OF LAW AND JURISDICTION

These terms and conditions shall be governed by the Laws of Malta.

The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.

MISCELLANEOUS

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.

By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless DK, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "DK Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys??T fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest.

The Website may contain links to third party websites that are not owned or controlled by DraftKings. DraftKings has no control over, and assumes no responsibility for, the content, privacy policies, 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 using the Website, you expressly relieve DraftKings from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

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

No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with DraftKings or in any way affiliated or associated with the Contests.

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

Each of the paragraphs in these Terms of Use operates separately. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use 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 these Terms of Use shall not constitute a waiver of such right or provision.

DraftKings reserves the right to amend these Terms of Use at any time. We will notify you of material changes to these Terms of Use prior to such changes taking effect. If you continue to use the Services after we notify you of such changes to the Terms of Use, you accept all changes.

The failure of DraftKings to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

MasterCard and Visa have contracted and granted a license to DKUK Services LTD with its registered address at C/o Jeffrey Green Russell Limited Waverly House 7-12 Noel Street, W1F 8GQ UK, incorporation number C 74501 for credit card acquiring processing purposes.

MasterCard and Visa have contracted and granted a license to Crown DFS Malta Limited with its registered address at Quantum House, 75 Abate Rigord Street, Ta??T Xibex, XBX 1120, Malta, for credit card acquiring processing purposes.

DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.

MOBILE APPLICATION

These Terms of Use shall also apply to the use of the DraftKings Mobile Application. These Terms of Use are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.