Terms of service

Last Updated: August 14, 2026

IMPORTANT! PLEASE CAREFULLY READ THESE DRAFTKINGS REWARDS STORE TERMS OF USE BEFORE USING THE DRAFTKINGS REWARDS STORE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN A JURY TRIAL WAIVER PROVISION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Overview and Agreement to Be Bound

Welcome to the DraftKings Rewards Store (the “Store”). The Store is an online store operated and administered by DK Crown Holdings Inc. (“DraftKings,” “we,” “us,” or “our”) where eligible DraftKings customers (“you” or “your”) may redeem “Crown Cash”—a virtual currency earned through DraftKings promotions and the DraftKings Rewards Program—to purchase goods and gift cards (collectively, “Products”). Crown Cash is the sole accepted currency in the Store; no other payment method, currency, or form of payment is accepted.

These DraftKings Rewards Store Terms of Use (these “Terms”) constitute a legally binding agreement between you and DraftKings governing your access to and use of the Store and your purchase of Products through the Store. By accessing or using the Store or placing an order on the Store, you acknowledge that you have read, understood, and agree to be bound by these Terms and have read, understood, and accept the Privacy Policy (available by clicking HERE) as may be amended in DraftKings’s sole and absolute discretion, for any reason or no reason. In the event you do not agree to these Terms, you may not access or use the Store. The Return Policy for the Store is available by clicking HERE (the “Return Policy”). The Return Policy, as amended by DraftKings in its sole and absolute discretion, for any reason or no reason, is incorporated by reference, in its entirety, into these Terms.

These Terms do not apply to and do not replace any other terms and conditions between you and DraftKings or its affiliates unrelated to the Store, including, without limitation, the terms of use applicable to any platforms or services provided by DraftKings or its affiliates, the DraftKings Rewards and Crown Cash Rules & Policy, or the Crown Cash Terms & Conditions. These Terms do not apply to the earning, posting, availability, expiration, adjustment, forfeiture, and use of Crown Cash outside the Store. Any Product- or Gift Card-specific terms govern the applicable Product or Gift Card.

Username and Password

You are responsible for maintaining the confidentiality of your username and password associated with the Store and any other DraftKings platforms and services. You are prohibited from sharing your username and password with any person or entity. You will take all reasonable steps to protect your username and password, including, without limitation, using a unique password and disabling autofill or save password options in your browser. You are also responsible for locking the device(s) you use in connection with the Store and DraftKings’ other platforms and services.

Under no circumstances will you use or access the Store on behalf of another person, including, without limitation, using any other person’s account or username and password to access the Store or purchase Products, with or without their consent, or allow any other person to use or access the Store on your behalf, including, without limitation, allowing another person to access your account or use your username and password to access the Store or purchase Products, with or without your consent. For clarity, these Terms shall apply to you in the event you access another person's account to use or access the Store or purchase Products on behalf of another person, whether or not you have opened your own account, and such access shall constitute a violation of these Terms.

You are solely responsible for all activity that occurs under your account, including, without limitation, any purchase made on the Store under your account or using your username and password, whether such purchase was authorized or not.

In the event you have reason to believe that someone is using or accessing your Account, you must immediately change your username and password and agree to contact us immediately at support@DraftKings.com.

Eligibility and Online Store Terms

You must have an active DraftKings account in good standing to access and use the Store. You may not use the Store in the event your DraftKings account has been suspended, terminated, or otherwise restricted. DraftKings may, in its sole and absolute discretion, refuse to allow you to open an account or refuse to allow you to use or access the Store or purchase Products, for any reason, or no reason.

To use the Store, you must be at least eighteen (18) years old. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent’s or legal guardian’s permission to use the Store, and that your parent or legal guardian is agreeing to these Terms concurrently.  

When using the Store and before purchasing a Product, you may be asked to provide certain information, including, without limitation, your full legal name, date of birth, social security number, other tax identification number, physical address, e-mail address, and other information or documentation to verify your identity and eligibility.

Subject to your compliance with these Terms, DraftKings grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Store solely for your personal, non-commercial use. This license does not include any right to: (i) resell or make any commercial use of the Store or any Products; (ii) collect or use any product listings, descriptions, or prices for any commercial purpose; (iii) make any derivative use of the Store or its content; (iv) download, copy, or otherwise reproduce any portion of the Store; (v) use automated or non-automated means including, but not limited to, data mining, robots, or similar data gathering and extraction tools on the Store; (vi) disassemble, reverse engineer, decode, or decompile any part of the Store or license or resell or modify any part of the Store; (vii) bypass the measures we may use to prevent or restrict access to the Store or (viii) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Store.

You may not use the Store for any unlawful purpose or in violation of applicable laws or regulations. Your violation of applicable law or regulation may result in suspension or termination of Store access and/or suspension or forfeiture of your Crown Cash balance.

Crown Cash

Crown Cash is a form of virtual site credit issued by DraftKings to eligible customers through DraftKings promotions and the DraftKings Rewards Program. See the Crown Cash Terms & Conditions (available by clicking HERE), which are hereby incorporated by reference, for full details on Crown Cash. See the DraftKings Rewards and Crown Cash Rules & Policy (available by clicking HERE) for full details on the DraftKings Rewards Program. The DraftKings Rewards and Crown Cash Rules & Policy, as amended by DraftKings in its sole and absolute discretion, for any reason or no reason, is incorporated by reference, in its entirety, into these Terms.

Crown Cash is the sole and exclusive currency accepted for purchases through the Store. You may not use credit cards, debit cards, bank transfers, cash, or any other payment method to purchase Products through the Store. In the event your Crown Cash balance is insufficient to complete a purchase, the transaction will not be processed.

DraftKings reserves the right, in its sole and absolute discretion, to revoke, suspend, or reduce any or all of your Crown Cash balance in the event of: (i) fraud, abuse, or manipulation in connection with your use of the Store or any purchases you make through the Store or (ii) violation of these Terms.

Additionally, DraftKings may temporarily restrict or suspend your use of Crown Cash through the Store, in its sole and absolute discretion, while DraftKings investigates any suspected fraud, unauthorized account access, misuse of the Store, Crown Cash crediting error, a material violation of these Terms, or abuse of the DraftKings Rewards Program or any promotion awarding Crown Cash.

Products, Gift Cards, and Pricing

DraftKings attempts to describe and display Products in the Store as accurately as reasonably possible. However, DraftKings does not warrant that Product descriptions, photographs, images, colors, or other content are accurate, complete, reliable, current, or error-free. The colors and appearance of Products as displayed on your monitor or device may vary from the actual product due to your monitor settings, lighting, and other factors beyond DraftKings’ control.

All Product prices in the Store are displayed in Crown Cash. DraftKings may change Crown Cash prices at any time in its sole and absolute discretion for any reason or no reason, and without notice to you. In the event a pricing or listing error is discovered, DraftKings may cancel your order. The Crown Cash required for a Product may vary by Product and over time.

All Product prices are exclusive of any and all sales, use, and excise taxes, and any other similar taxes, duties, levies, and charges of any kind imposed on any amounts payable by you or otherwise assessed in connection with the order of Product (collectively, “Taxes”). You are responsible for any Taxes arising from your purchase, receipt, and/or use of a Product or participation in the Store. DraftKings may collect, withhold, or report Taxes where required by law.

DraftKings reserves the right, in its sole and absolute discretion, for any reason or no reason, and without notice to you, to: (i) limit the quantities of any Product available for purchase on the Store; (ii) limit purchases on the Store to a specified quantity per customer, per household, per order, or per period; (iii) refuse or cancel any order; (iv) discontinue any Product at any time; and (v) limit sales of certain Products to particular persons, geographic regions, or jurisdictions.

The Store may offer gift cards issued by third-party merchants or retailers (“Gift Cards”). You acknowledge and agree that:

(i) unless expressly stated otherwise, DraftKings is not the issuer of a Gift Card and only facilitates the purchase of Gift Cards through the Store;

(ii) all Gift Cards are subject to any terms and conditions, privacy policies, and restrictions imposed by the issuing merchant or third-party provider of the Gift Card, including, without limitation, conditions regarding redemption, expiration, fees, and limitations of use;

(iii) except for DraftKings facilitation of the purchase of a Gift Card through the Store, the DraftKings Released Parties (as defined in the Disclaimer of Warranties Section below) shall have no liability or responsibility whatsoever, and you agree to release and hold harmless the DraftKings Released Parties from any claims, with respect to any Gift Card, including, without limitation, any liability for the acceptance, availability, value, or performance of any Gift Card;

(iv) the DraftKings Released Parties are not responsible for replacing, replenishing, or refunding lost, stolen, damaged, destroyed, expired, or misused Gift Cards;

(v) once your order for a Gift Card has been processed, DraftKings’ sole obligation with respect to such Gift Card is fulfilled; and

(vi) any dispute regarding the redemption or use of a Gift Card must be directed to the issuing merchant.

Orders, Billing, and Account Information

When you place an order in the Store, you are making an offer to purchase the selected Product(s) at the listed Crown Cash price. DraftKings may place the applicable Crown Cash on hold or deduct it from your balance when you submit the order. DraftKings reserves the right to accept or reject any order, in whole or in part, in its sole and absolute discretion, for any reason or no reason, including, without limitation, product availability, errors in pricing or product information, or suspected fraud. Additionally, DraftKings reserves the right to cancel any order, in whole or in part, in its sole and absolute discretion, for any reason or no reason, including after an order has been accepted.

You represent and warrant that all information you provide in connection with a purchase on the Store, including, without limitation, your name, shipping address, email address, and phone number, is current, complete, and accurate. You agree to promptly update your account information if any changes occur. The DraftKings Released Parties (as defined in the Disclaimer of Warranties Section below) shall not be responsible, or liable to you, for any damages, including, without limitation, delay, non-delivery, or misdelivery of a Product resulting from inaccurate or incomplete information provided by you.

Orders placed on the Store by dealers, resellers, or distributors are prohibited. DraftKings reserves the right to refuse or cancel any order on the Store that DraftKings believes, in its sole and absolute discretion, for any reason or no reason, was placed for resale purposes. You may not resell or transfer any Product that you purchased on the Store.

DraftKings may require additional identity, address, account-security, eligibility, or fraud-prevention verification before accepting or processing an order, as determined in DraftKings sole and absolute discretion, for any reason or no reason. DraftKings may hold an order while verification is pending and may cancel the order in the event verification is not completed within a reasonable period.

You are solely responsible for any wireless or data charges, fees, or costs incurred in connection with your access to or use of the Store from a mobile device.

Order Fulfillment, Shipping, and Delivery

Order fulfillment for Products purchased through the Store, including, without limitation, warehousing, packing, and shipping, is performed by Global Promotional Sourcing LLC (“GPS”), a third-party fulfillment provider. DraftKings operates and administers the Store and the Crown Cash program; Global Promotional Sourcing is solely responsible for, and DraftKings shall not be liable for, the fulfillment of orders, including shipping and logistics.

Delivery of physical Products shall be completed by a shipping carrier selected by GPS, which may include, without limitation, FedEx, UPS, or the United States Postal Service. Shipping times are estimates only and are not guaranteed. Neither DraftKings nor GPS shall be required to purchase any shipping insurance for any shipment unless expressly stated otherwise.

RISK OF LOSS AND TITLE TO ANY PRODUCT SHALL PASS FROM GPS TO YOU UPON GPS’S DELIVERY OF THE PRODUCT TO THE SHIPPING CARRIER. The DraftKings Released Parties (as defined in the Disclaimer of Warranties Section below) and GPS are not responsible for any loss, theft, damage, or destruction of a Product that occurs after delivery of the Product to the shipping carrier.

Any processing, shipping, or delivery times are estimates only. Neither the DraftKings Released Parties nor GPS is responsible or liable for any loss, damage, or expense arising from or related to shipping, including, without limitation: (i) any delay in shipping or delivery; (ii) failure of the shipping carrier to deliver the Product; (iii) damage to or loss of the Product during transit; or (iv) any delay caused by customs, weather, or other circumstances beyond DraftKings or GPS’s reasonable control.

DraftKings is not obligated to reship any Product that is returned or undeliverable due to an incorrect shipping address you provided.

You agree to inspect all Products promptly upon delivery. In the event a Product arrives damaged, defective, or is not as described, you must notify DraftKings within the time period specified in the Return Policy. In the event you fail to timely notify DraftKings of a damaged, defective, or inaccurately described Product, you waive any and all claims related to such Product.

DraftKings or GPS may require a signature upon delivery of certain Products, in their sole and absolute discretion, for any reason or no reason.

Returns, Exchanges, and Refund Policy

All Product returns are subject to the Return Policy. Certain Products may be designated as “final sale” and are not eligible for return or exchange. Gift Cards are non-returnable, non-exchangeable, and non-refundable.

In the event a return or exchange is approved, accepted, and completed in accordance with the Return Policy, the Crown Cash used to purchase the returned Product will be restored to your DraftKings account as Crown Cash. No refund of cash, credit, or any other form of payment will be issued in connection with a return. Under no circumstances will a return or cancellation result in a refund of cash, credit, or any form of payment other than Crown Cash.

Products made available on the Store are manufactured by independent third parties. DraftKings does not manufacture the Products and does not independently design, test, inspect, certify, approve, or warrant any Product. Before using a Product, you are responsible for reviewing and following all instructions, labels, warnings, age restrictions, care directions, and other safety information provided with or relating to the Product. You are also responsible for determining whether a Product is suitable for you and any intended user. Do not use a Product that appears damaged, defective, altered, expired, improperly labeled, or otherwise unsafe, and discontinue use immediately in the event you believe the Product may present a safety risk.

The manufacturer of a Product is the primary contact for all Product-related questions, concerns, and claims, including those relating to quality, safety, condition, performance, defects, malfunctions, missing parts, allergic or adverse reactions, repair, replacement, warranty service, injuries, or property damage. You are responsible for reviewing any and all recall and safety information concerning Products and for promptly following all applicable recall instructions.

Any warranty provided by a Product’s manufacturer is provided solely by that manufacturer and is subject to the manufacturer’s own terms and conditions. The DraftKings Released Parties do not provide or assume responsibility for any manufacturer warranty and is not responsible for a manufacturer’s failure to respond to a claim, honor a warranty, provide a replacement or refund, or otherwise resolve a Product-related issue. Any assistance provided by DraftKings in contacting a manufacturer is provided solely as a courtesy and does not make the DraftKings Released Parties responsible for the Product or the manufacturer’s obligations.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE MADE AVAILABLE BY DRAFTKINGS “AS IS” AND “AS AVAILABLE,”. DRAFTKINGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING REPRESENTATIONS OR WARRANTIES CONCERNING A PRODUCT’S QUALITY, SAFETY, CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, PERFORMANCE, OR COMPLIANCE WITH A PARTICULAR DESCRIPTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DRAFTKINGS RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY PRODUCT-RELATED DEFECT, HAZARD, MALFUNCTION, CONTAMINATION, RECALL, SAFETY ISSUE, FAILURE TO WARN, FAILURE OF A MANUFACTURER TO HONOR A WARRANTY OR RECALL REMEDY, OR ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, LOSS, OR OTHER CLAIM ARISING FROM OR RELATING TO A PRODUCT’S DESIGN, MANUFACTURE, ASSEMBLY, PACKAGING, LABELING, INSTRUCTIONS, WARNINGS, CONDITION, SELECTION, USE, OR MISUSE.

Nothing in these Terms excludes, restricts, or modifies any consumer right, remedy, warranty, liability, product-safety obligation, recall obligation, or other requirement that cannot lawfully be excluded, restricted, modified, or waived under applicable law or regulations. Where applicable law or regulation does not permit a particular disclaimer or limitation, that disclaimer or limitation will apply only to the maximum extent permitted by law.

Optional Tools and Third-Party Links

DraftKings may provide you with access to third-party tools, features, or applications through or in connection with the Store. You hereby acknowledge and agree that DraftKings provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Additionally, you hereby acknowledge and agree that the DraftKings Released Parties (as defined in the Disclaimer of Warranties Section below) have no liability whatsoever arising from or relating to your use of any optional third-party tools.

The Store may contain links to, or advertisements of, third-party websites, applications, products, or services 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 or services. DraftKings does not endorse or assume any responsibility for any third-party websites, applications, products, or services. In the event you access any third-party websites, applications, products, or services from the Store, you do so at your own risk, and you understand that these terms and DraftKings’ privacy notice do not apply to your use of any third-party websites, applications, products, or services. You expressly relieve the DraftKings Released Parties from any and all liability arising from your access to and/or use of any third-party websites, applications, products, or services. You acknowledge and agree that the DraftKings Released Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, websites, applications, products, or services available on or through the Store.

User Comments, Feedback, and Other Submissions

In the event you submit, post, or transmit any comments, suggestions, ideas, feedback, reviews, or other materials (“Submissions”) to DraftKings in connection with the Store, you represent and warrant that your Submissions do not and will not violate any right of any third party, including, without limitation, intellectual property, privacy, or publicity rights. You hereby irrevocably assign to DraftKings all right, title, and interest in and to the Submissions, including all intellectual property and other proprietary rights therein, and DraftKings will have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, commercialize, and otherwise exploit the Submissions for any purpose, without acknowledgment, compensation, or other obligation to you. To the extent any right in a Submission cannot be assigned under applicable law, you hereby grant DraftKings a worldwide, perpetual, irrevocable, exclusive, fully paid-up, royalty-free, transferable, and sublicensable license to exercise and exploit that right for any purpose. To the fullest extent permitted by applicable law, you waive, and agree not to assert, any moral rights or similar rights you may have in the Submissions.

DraftKings may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by DraftKings, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to same. DraftKings may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose. The Store may contain technological measures designed to prevent unauthorized or illegal use of the Store; you understand and acknowledge that DraftKings may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Store.

Ownership

You understand and acknowledge that DraftKings (or our licensors, as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Store, all materials and content displayed or otherwise made available on and/or through the Store, and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Store.  Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.

Errors, Inaccuracies, and Omissions

Occasionally, information on the Store may contain typographical errors, inaccuracies, or omissions relating to Product descriptions, Crown Cash prices, promotions, offers, availability, or shipping. DraftKings may correct an error, update information, or cancel an unaccepted order affected by a material error, however, DraftKings is under no obligation to update, amend, or clarify information in the Store.

Prohibited Uses

In addition to the other prohibitions set forth in these Terms, you are prohibited from using the Store and represent that you will not use the Store:

(a) in connection with any unlawful purpose or to solicit the performance of any unlawful activity;

(b) in violation of any international, federal, state, or local regulation, rule, law, or ordinance or in violation of any contractual obligation;

(c) in any way that infringes upon or violates the intellectual property rights or other rights of DraftKings or any third party;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) to submit false or misleading information or otherwise in a fraudulent, false, deceptive or defamatory way;

(f) to upload or transmit viruses, Trojan horses, worms, or any other malicious or destructive code;

(g) to collect or track the personal information of others without their consent;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose;

(j) to interfere with or circumvent the security features of the Store, DraftKings’ systems, or any related website, other websites, or the internet; or

(k) to engage in any activity that manipulates, exploits, or abuses the Crown Cash program, any promotion, or the Store.

DraftKings reserves the right to terminate your use of the Store for violating any of the prohibited uses, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason.

Disclaimer of Warranties

THE STORE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRAFTKINGS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THE SUCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, (COLLECTIVELY, THE “DRAFTKINGS RELEASED PARTIES”) AND THE AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS (INCLUDING, WITHOUT LIMITATION GPS), SUBCONTRACTORS, SUPPLIERS, AND SUCCESSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STORE, THE PRODUCTS, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE STORE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DRAFTKINGS RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE DRAFTKINGS RELEASED PARTIES DO NOT WARRANT THAT: (A) THE STORE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY PRODUCT DESCRIPTIONS, PHOTOGRAPHS, OR IMAGES ARE ACCURATE, COMPLETE, OR FREE OF ERRORS; (C) SHIPPING INSURANCE COVERAGE, IN THE EVENT ANY, IS ADEQUATE TO COVER THE VALUE OF ANY PRODUCT; (E) THAT SHIPPING OF ANY PRODUCTS WILL BE ONTIME OR WONT BE DELAYED; (F) THAT ANY PARTICULAR PRODUCT WILL CONTINUE TO BE OFFERED ON THE SHOP; OR (G) THE STORE, ITS SERVERS, OR ANY COMMUNICATIONS SENT FROM DRAFTKINGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN THE DISCLAIMER OF WARRANTIES SECTION) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IN THE EVENT THE DRAFTKINGS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE STORE; (B) ANY PRODUCTS PURCHASED THROUGH THE STORE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE STORE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR TRANSMISSIONS; OR (E) ANY OTHER MATTER RELATING TO THE STORE, THE PRODUCTS, OR THESE TERMS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE DRAFTKINGS RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE STORE, THE PRODUCTS, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE STORE IS TO DISCONTINUE YOUR USE OF THE STORE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH A PRODUCT IS TO RETURN THE PRODUCT IN ACCORDANCE WITH THE TERMS OF THE RETURN POLICY.

YOU HEREBY WAIVE ANY AND ALL RIGHTS TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST THE DRAFTKINGS RELEASED PARTIES OR THE STORE.

YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE STORE, OR ANY PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE DRAFTKINGS RELEASED PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless the DraftKings Released Parties (as defined in the Disclaimer of Warranties Section) from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of these Terms; (b) your use of the Store, purchase of any Product(s), or use of any Product(s); (c) your violation of any applicable law, rule, regulation, or the rights of any third party (including, without limitation, intellectual property rights, privacy rights, or publicity rights); (d) any Submission or any other content you submit, post, or transmit through the Store; (e) your negligence or willful misconduct; or (f) any fraud, abuse, or manipulation of the Crown Cash program, any promotion, or the Store by you or anyone using your account.

DraftKings reserves the right, at your expense, to control the defense and/or settlement of any matter for which you are required to indemnify the DraftKings Released Parties, and you agree to cooperate with DraftKings’ defense or settlement of such claims. You agree not to settle any matter subject to indemnification under these Terms without the prior written consent of DraftKings.

Suspension and Termination

DraftKings may, in its sole and absolute discretion, for any reason or no reason, terminate or suspend your access to the Store (or any part thereof) at any time, with or without notice, effective immediately. Without limiting the foregoing, DraftKings may terminate or suspend your access to the Store in the event DraftKings believes, in its sole and absolute discretion, that you have violated or acted inconsistently with the Terms.

DraftKings may temporarily suspend access to the Store or place a hold on an order in its sole and absolute discretion, for any reason or no reason, including, without limitation, to (a) investigate suspected fraud, unauthorized account access, misuse, or a violation of these Terms, the DraftKings Rewards and Crown Cash Rules & Policy, or the Crown Cash Terms & Conditions; (b) comply with applicable law, rules, or regulations; (d) protect account or Store security; or (e) address a technical or operational issues.

Upon termination of your access to the Store: (a) you must immediately stop using the Store; (b) your license to access and use the Store immediately ceases; (c) any Crown Cash in your account may be revoked by DraftKings in its sole and absolute discretion, for any reason or no reason; and (d) any pending orders may be cancelled by DraftKings in its sole and absolute discretion, for any reason or no reason.

DraftKings may permanently discontinue the Store at any time in its sole and absolute discretion, for any reason or no reason, and without prior notice to you and without any additional obligations to you. In the event DraftKings discontinues the Store, but other practical Crown Cash redemption options remain available, DraftKings may direct you to those alternatives.

DraftKings may change or discontinue Store features and/or fulfillment arrangements in its sole and absolute discretion, for any reason or no reason, and without prior notice to you

All provisions of these Terms which by their nature or express terms should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnification, and the governing law and dispute resolution provisions.

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 Store, please e-mail DraftKings' customer support at support@draftkings.com. You acknowledge and agree that you will use reasonable and good faith efforts to attempt to resolve any complaints, disputes, claims, or controversies you have with DraftKings related to the Store through DraftKings' customer support prior to commencing any lawsuit.

The Terms 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 Terms, the breach thereof, any use of the Store, or any Products purchased through the Store ("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.

by agreeing to these terms, YOU IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY CLAIMS.

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

DraftKings shall not be liable for any failure or delay in performance of any obligation under these Terms (including, without limitation, any obligation related to fulfilling orders or delivering Products) where such failure or delay results from any cause beyond the reasonable control of DraftKings, including, without limitation: acts of God; hurricane; earthquake; flood; fire; epidemic or pandemic; war; invasion; hostilities (whether war is declared or not); terrorism; riot; civil unrest; strike or other labor dispute; government action, order, or regulation; embargo; action by any governmental authority; national or regional emergency; or any other event or circumstance beyond the reasonable control of DraftKings (each, a “Force Majeure Event”). In the event of a Force Majeure Event, DraftKings’ performance shall be excused for the duration of such Force Majeure Event.

The Terms do not create, and shall not be construed to create, any rights enforceable by any third party, and nothing in the Terms confer any rights or other benefits in favor of any third parties, in each case, except as specifically provided herein. Nothing in these Terms shall be construed to create any partnership, joint venture, agency, franchise, or employment relationship between you and DraftKings or between you and GPS. Neither DraftKings nor GPS is your agent, partner, or fiduciary by virtue of these Terms.

These Terms and any rights granted to you under these Terms 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 these Terms and any of DraftKings' rights or obligations under these Terms, in each case, in whole or in part, to any affiliate of DraftKings or any third party, without your consent or notice to you.

Any waiver of a term or condition in these Terms must be in writing signed by the party waiving such term or condition. No waiver of any term or condition of these Terms 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 shall not constitute a waiver of such right or provision.

The failure of DraftKings to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

In the event any term of these Terms 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 these Terms and any incorporated terms shall remain in full force and effect.

These Terms, together with any policies or operating rules incorporated herein or posted by DraftKings on the Store, constitute the entire agreement and understanding between you and DraftKings with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, with respect to such subject matter. DraftKings reserves the right to amend these Terms 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 these Terms for any changes prior to your use of the Store in each instance. Any amendments to these Terms will be effective and binding upon the posting of the amended Terms on the Store. Your continued use of the Store after DraftKings amends these Terms shall be deemed your acceptance and agreement to the amended Terms. In the event you do not agree to or accept the amended Terms, you must stop using the Store.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

The section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. As used in these Terms, the word “including” means “including, without limitation,” and shall not be construed to limit any general statement to the specific or similar items or matters immediately following it. The singular includes the plural and vice versa, and the use of “or” shall be inclusive (i.e., “and/or”).

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

DraftKings may provide notices and other communications by email to the address associated with your account, by in-account message, or by prominent posting in the Store.