Terms & Conditions:

DraftKings Inc. (“DraftKings” “We” “Us” or “Our”) is pleased to hear that you have won a jackpot and have agreed to participate in Work (as defined below) related to the jackpot you won (your “Jackpot Win”).

We may use Your first name, DraftKings username, image, likeness, details related to your Jackpot Win, and/or your other personal characteristics (“Materials”) for use in Coverage on Channels. “Coverage” means coverage and details of you winning the jackpot, your Jackpot Win, and DraftKings’ editorial and commercial activities (including, but not limited to, promotional and marketing activities). “Channels” means Our distribution channels, such as Our print and digital publications, websites, social media accounts, licensed foreign editions, and distribution partners (e.g., syndication).

FOR CLARITY, IN THE EVENT DRAFTKINGS USES YOUR NAME IN COVERAGE ON CHANNELS, DRAFTKINGS WILL NOT USE YOUR FULL NAME, BUT WILL JUST USE YOUR FIRST NAME.

Your Appearance. You are aware of and consent to the creation by or on behalf of DraftKings of photographs, sound, audiovisual, marketing, and promotional materials, and other materials and content incorporating the Materials and/or in connection with or related to your Jackpot Win (the “Work”). You hereby irrevocably grant DraftKings the royalty-free right to utilize, and authorize its third-party Channel partners to utilize, the Materials and details related to your Jackpot Win, throughout the world in perpetuity, in any medium or format whatsoever now existing or hereafter created for any purpose, including but not limited to advertising, marketing, and/or promotion of DraftKings and/or its affiliates and their businesses, products, and services. You authorize DraftKings and its third-party Channel partners to edit, amend, abridge the Work, and change any image, audio, video, testimonial, data, or other information captured or submitted. You waive any right that you may have to inspect and approve the finished product used or to which the Materials or your testimonial may be applied.

Ownership. DraftKings shall be the exclusive owner of all rights, including copyright, in the Work, and you hereby irrevocably transfer, assign, and otherwise convey to DraftKings all right, title, and interest, in the event any, in and to the Work and all copyrights and other intellectual property rights in the Work arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.

Claims. To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to the Work and agree to forever release and discharge DraftKings and its parents, subsidiaries, and affiliates, its Channel partners, and the officers, managers, employees, and agents of each of the foregoing from, all liabilities, claims, demands, actions, suits, damages, and expenses, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy or publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from DraftKings' use of the Materials, the Work, or DraftKings’ exercise of its rights under this Agreement, and whether resulting in whole or in part from the negligence of DraftKings or any other person. You agree to not make or bring any such Claim against DraftKings and/or its parents, subsidiaries, and affiliates, its Channel partners, and the officers, managers, employees, agents, successors, and assigns of each of the foregoing.

Miscellaneous. You understand and agree that you will not be entitled to any monetary or other consideration in connection with the Work, Materials, or otherwise hereunder. This letter supersedes all other understandings with regard to this matter and may not be modified unless in writing and signed by you and DraftKings. Nothing in this letter will be construed to create an employment relationship, joint venture, or other association between you and DraftKings. You represent and warrant that you have the right and power to execute this letter and that any experiences or situations you are describing are in fact your own true experiences or situations.