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DraftKings Sweepstakes Rules

DRAFTKINGS x ROCKIES Player Autographed Bat SWEEPSTAKES (THE “SWEEPSTAKES”)

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (including its commonwealths, territories, and possessions) who are eighteen (18) years of age (except in the case of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, such legal age of majority) or older at the time of entry. Employees, officers, and directors, and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and members of the same household (whether or not related), of DraftKings (“Sponsor”), the MLB Entities and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any other entity associated with the Sweepstakes are not eligible to participate or win a prize. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities. The Sweepstakes is subject to all applicable federal, state, and local laws, rules, and regulations. Void where prohibited or restricted by law, rule, or regulation.

HOW TO ENTER: The Sweepstakes entry period begins at 12:00 PM Eastern Time (“ET”) on 9/18/2020 and ends at 12:00 PM ET on 9/20/2020 (“Entry Period”). You may enter the Sweepstakes via Instagram or email, as described below. No other method of entry will be accepted. Limit one (1) entry per person/Instagram account/email address, regardless of method of entry. Additional entries beyond the specified limit will be void.

Instagram Method: To enter via Instagram, you must have a valid public (i.e., not protected) Instagram account and be a follower of @DraftKings and @Rockies (the “Sweeps IG Account”). During the Entry Period, the Sweeps IG Account will publish an Instagram post which invites entries into the Sweepstakes (the “Invitation Post”). Using your Instagram account, publish an Instagram comment which complies with the instructions specified in the Invitation Post and include the hashtag #DKsweepstakes (“Entry Post”). instructions specified in the Prompt Post and these Official Rules to receive one (1) Sweepstakes entry. Your Entry Post must remain publicly posted through the duration of the Sweepstakes and must comply with the Content Restrictions (as set forth below) and Instagram’s Terms of Use, available at help.instagram.com. All information submitted via the Instagram platform is subject to, and will be treated in a manner consistent with, Instagram’s privacy policy and Instagram’s Terms of Use, available at help.instagram.com. All information submitted via Instagram and shared with any of the MLB Entities per your Instagram account settings, or submitted directly to any of the MLB Entities in connection with the Prize Notification process, is subject to, and will be treated in a manner consistent with, MLB’s Privacy Policy, accessible at mlb.com/privacy. If you do not have an Instagram account, you may register for one, for free, at Instagram.com. Data and usage rates may apply to the download and use of the Instagram mobile application. The time of receipt of any Instagram entry shall be the time such entry is made available to Sponsor via the Instagram platform. Sponsor's computer shall be the official clock of the Sweepstakes. Any entries that do not comply with the Content Restrictions or otherwise with these Official Rules and any that are removed or hidden prior to the Drawing Date are void. Failure to follow any Sweepstakes instructions provided by the Sweeps IG Account or these Official Rules may result in disqualification. For the avoidance of doubt, if an individual other than yourself appears in your entry, such individual must (a) be of legal age of majority in his/her jurisdiction and have granted you permission to submit the entry or (b) if under the legal age of majority in his/her jurisdiction, be your child or legal ward. Sponsor may require you to verify such permission or parental status before declaring you eligible for a prize.

1. Email Method: To enter via email, send an email with “DraftKings x Rockies Player Autographed Bat SWEEPSTAKES Entry” in the subject line to [email protected] and include in the body of such email all of the following information: your full name, street address, city, state/zip code, day and evening telephone numbers (including area codes), date of birth, and the following statement: “I acknowledge that I have read, understand, and agree to the Sweepstakes Official Rules.” Incomplete and/or inaccurate entries are void. Entrant information provided via the email method of entry will be used for Sweepstakes notification and fulfillment purposes only. Email entries must include be received by the close of the Sweepstakes Period. Email entries will not receive a reply or acknowledgement.

RANDOM DRAWING; ODDS: On or about 09/21/2020 (“Drawing Date”), one (1) potential winner will be selected by random drawing from among all eligible entries received. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Sweepstakes. Odds of winning depend on the total number of eligible entries received.

PRIZE: One (1) Prize Will Be Awarded. The winner will receive one (1) autographed bat by a Rockies player, as determined by Sponsor. (Approximate Retail Value: $200)

PRIZE CONDITIONS: All prize details shall be determined in the sole and absolute discretion of Sponsor. Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with prize acceptance and use which are not specifically included in the prize description above, including but not limited to transportation, lodging, meals, gratuities, insurance, and other expenses, are the sole responsibility of the winner. The prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.

NOTIFICATION: The potential winner will be notified at the email address, postal address, telephone number, and/or via direct message to the Instagram account (as determined by Sponsor) provided at the time of entry (the "Prize Notification"). In the event that any potential winner does not respond to Prize Notification within three (3) days of the date of issuance or declines the prize for any reason, a disqualification will result, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. The potential winner may be required to execute, have notarized, and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, a Release of Publicity, within five (5) days of the date of issuance. . Failure to submit any identification required by Sponsor or to return any required documents within the specified time period, noncompliance with these Official Rules, the return of Prize Notification or of the prize (or any portion thereof) as non-deliverable, may result in the potential winner’s disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected from among all remaining eligible entries.

CONTENT RESTRICTIONS: Entrants must not include any of the following (the "Content Restrictions") in any entry: (a) nudity, pornography, adult-oriented content, or any other explicit material; (b) materials relating to lotteries or gambling; (c) profanity, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws; (e) libelous, defamatory, disparaging, tortious, or slanderous materials; (f) content that denigrates, disparages, or reflects negatively on the MLB Entities, their owners and employees, or the game of baseball; (g) tobacco, e-cigarettes, alcohol, or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives, or projectiles; (j) material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other basis protected by federal, state, or local law, ordinance, or regulation; (k) individuals under legal age of majority without providing a signed release from parent or legal guardian; (l) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (m) material that is unlawful or otherwise in violation of or contrary to the laws or regulations in any state/ where the entry is created. Any entry that does not comply with the foregoing, as determined in the sole discretion of Sponsor, will be disqualified.

ENTRY PUBLICATION, LICENSE, AND RELEASE: By entering the Sweepstakes, each entrant (a) agrees that his/her entry is an original work of authorship and that he/she owns all right, title, and interest in the entry as of the date of submission, or has all necessary rights and authorizations to submit the entry, including the express permission of all individuals embodied in the entry, for possible use as provided herein; (b) agrees that his/her entry does not violate MLB’s Terms of Use accessible at mlb.com/tou or infringe upon the copyright, trademark, or other intellectual property rights, or rights of privacy or publicity, of any person or entity; (c) grants to Sponsor, the MLB Entities, and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate, and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for the MLB Entities to publish, display, broadcast, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit the entry via the Internet, in stadium, on television, in print, and/or any other media currently existing and hereafter developed without limitation and without notice or payment of any compensation to the entrant or his/her heirs and successors: (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming, or services of the MLB Entities or for any other advertising, marketing, and promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; and (d) release in perpetuity the Released Parties (as defined below) from any claims, demands, losses, and liabilities of any nature arising out of or in any way connected with the entry and use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation, or infringement of rights of publicity or privacy. Nothing herein will obligate the MLB Entities to make any use of any of the rights set forth herein.

WAIVER OF LIABILITY/PUBLICITY RELEASE: By entering the Sweepstakes, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive any and all claims against Sponsor, the MLB Entities, Instagram, Inc., Facebook, Inc., Apple, Inc., and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, and any other company associated with the Sweepstakes, and all of their respective officers, directors, employees, agents, and representatives (collectively, “Released Parties”) for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from participation in the Sweepstakes, receipt or use of the prize (or any portion thereof), or any travel or activity related thereto. By entering the Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLB by telephone, email, and/or postal mail for Sweepstakes purposes. The winner, by acceptance of the prize, grants to Sponsor, MLB, and each of their respective designees the right to publicize his/her name, city and state of residence, prize information, photograph, voice, statements, and/or other likeness for advertising, promotional, trade, and any other purpose, in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.

GENERAL CONDITIONS: Sponsor's computer shall be the official clock of the Sweepstakes. The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due, or garbled entries, transmissions, email, or mail; lost, interrupted, or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections; availability, accessibility, miscommunications, or failures of computer, satellite, telephone, cable, or wireless transmissions or lines; computer hardware or software malfunctions, failures, or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines, telephone systems, wireless towers, or cellular tower equipment; any error, omission, interruption, defect, or delay in wireless or other transmission, processing, or communication; printing, typographical, or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements, or other materials; cancellation or postponement of any Major League Baseball game/event/exhibition; or any other errors, problems, or difficulties of any kind, whether human, mechanical, electronic, or other, relating to the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with administration of the Sweepstakes, processing of entries, announcement of the winner, or any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users (e.g., hacking) or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person's computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes website. Persons who tamper with or abuse any aspect of the Sweepstakes or website; attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices; intend to annoy, abuse, threaten, or harass any other entrant or any representative of Sponsor and/or MLB; or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty, or representation of any kind concerning the prize (or any portion thereof) and (b) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Sponsor and MLB reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond Sponsor’s control, including but not limited to: fire; flood; earthquake; explosion; public health epidemic or crisis; labor dispute or strike; act of God or public enemy; network or equipment failure; riot or civil disturbance; terrorist threat or activity; war (declared or undeclared); court order; or federal, state, or local government law, order, or regulation. Sponsor and MLB also reserve the right, in their sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes or events corrupt administration, security, fairness, integrity, or proper operation of the Sweepstakes. In the event of cancellation, Sponsor may elect to identify the winner and award the prize by way of random drawing from among all non-suspect, eligible entries received up to the time of cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHER PROPERTY ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND SPONSOR, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Entries generated by a script, macro, or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an Instagram account, the winning entry will be declared made by the Authorized IG Account Holder of the Instagram account used to enter the Sweepstakes, provided he/she is eligible according to these Official Rules. The "Authorized IG Account Holder" is defined as the natural person who is assigned to an Instagram account by Facebook, Inc. In the event of dispute as to the identity or eligibility of any potential winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry, provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the submitted email address for the domain associated with such email address.

ARBITRATION; CLASS ACTION WAIVER: As a condition of entering this Sweepstakes, each entrant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes or any prizes awarded (each, a "Claim") shall be (i) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in New York County, New York before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.

WINNER LIST: For the winner’s name, mail a request and a self-addressed stamped envelope to be received no later than ninety (90) days after the Drawing Date to: DraftKings x Rockies Player Autographed Bat Winner List, c/o DraftKings, Inc. 222 Berkeley Street, Boston, MA, 02116

SPONSOR: The Sponsor of this Sweepstakes is DraftKings, Inc. 222 Berkeley Street, Boston, MA, 02116

This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks, service marks, and copyrights are proprietary to the MLB Entities. All rights reserved.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. or Instagram, Inc. Apple is not a participant in or sponsor of this promotion.