LIABILITY WAIVER, RELEASE OF CLAIMS AND NAME AND LIKENESS RELEASE

I UNDERSTAND AND AGREE THAT BY PARTICIPATING IN THE FANDUEL EVENT (“EVENT”) OR BY ACCEPTING A REWARD OF ANY KIND (INCLUDING, BUT LIMITED TO, TICKETS, TRAVEL, EXPERIENCES, OBJECTS AND/OR VEHICLES) (“REWARD”), I AM AGREEING TO BE LEGALLY BOUND BY THIS LIABILITY WAIVER, RELEASE OF CLAIMS AND NAME AND LIKENESS RELEASE (“RELEASE”), WHICH INCLUDES INDEMNITIES TO THE RELEASED PARTIES (I.E., A REQUIREMENT THAT I DEFEND AND/OR REIMBURSE THE RELEASED PARTIES FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF MY RIGHTS AND REMEDIES (E.G., I AM WAIVING MY RIGHT TO SUE, PERSONALLY IF I AM INJURED DURING THE EVENT).

IF YOU DO NOT AGREE TO THIS RELEASE, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE EVENT OR RECEIVE SUCH REWARD.

My choice to participate in the Event or receive the Reward is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Event or receipt or use of the Reward involves inherent risks of accidents, property loss/damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result from my or others’ actions, inactions or negligence, or the condition of the facilities, equipment or location. There may be other risks not known to me or reasonably foreseeable at this time. I acknowledge that I am engaging in the Event or with the Reward solely of my own accord. I have considered the risks involved, and I voluntarily choose to assume these risks. I hereby freely assume the above-mentioned risks and any harm, injury or loss that may occur to me or my property as a result of our participation in the Event and in connection with the Reward, including any injury or loss caused by the negligence of the Released Parties, any other sponsor/providers, and other Event participants. With full knowledge and appreciation of these risks, I willingly and voluntarily desire to participate in the Event and WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS. In assuming these risks, I understand and agree that I AM ACCEPTING AND ASSUMING THE FULL RESPONSIBILITY FOR THESE RISKS AND THE DAMAGES THESE RISKS CAN CAUSE ME, MY HEIRS, RELATIVES, SUCCESSORS, AND ASSIGNS, REGARDLESS OF WHO OR WHAT CAUSES THE RISK AND THE RESULTING DAMAGE. I agree this Release is binding upon and enforceable against me, and my personal representatives, assigns, heirs (including my spouse (if applicable) and next of kin without limitation, and to the fullest extent permitted by all federal, state, and local laws, orders, directives, and guidelines (“Applicable Law”). I agree that this Release is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release shall be interpreted as broadly as possible under the Applicable Law of the jurisdiction(s) in which the Event takes place.

In consideration of being permitted to participate in the Event or receive the Reward, I accept and agree to the full contents of this Release and I fully and forever release and discharge FanDuel Group, Inc. (the “Event Organizer”), its parent company, service providers’ and business partners’ and each of their respective subsidiaries, affiliates, directors, officers, shareholders, employees, agents, representatives and insurers, and all others involved in connection with the Event or Reward (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Event or in connection with the Reward, even if it is due to the negligence, act, omission or other fault of the Released Parties. I acknowledge the releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

By attending the Event and/or in connection with the Reward, I hereby consent to and grant the Released Parties the irrevocable and perpetual right to use of my name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the Event/Reward and Event/Reward Organization generally, unless otherwise prohibited by law. I agree that participation in the Event and receipt of the Reward constitutes complete compensation for my obligations under this paragraph, and I agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. I hereby acknowledge and agree that I reserve no rights with respect to such uses and that any and all of the rights granted to Event Organizer herein are freely assignable by Event Organizer.

I will defend, indemnify, hold harmless and reimburse the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Parties or paid by them to any person (including me or my insurers) in respect of any of my acts or omissions in connection with my participation in the Event and/or my receipt or use of the Reward. I will reimburse the Released Parties if anyone makes a claim against the Released Parties in connection with my participation in the Event or my receipt or use of the Reward, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, or other parties or property however caused.

All issues and questions concerning the construction, validity, interpretation and enforceability of this Release will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law, rules, or provisions that would cause the application of any other laws. TO THE EXTENT THAT APPLICABLE LAW PREVENTS ANY PORTION OF THIS RELEASE FROM BEING ENFORCEABLE, I AGREE THAT: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE EVENT OR REWARD WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) I WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND I, PERSONALLY HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00); (D) MY REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND I IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) I AGREE TO FINALLY SETTLE ALL DISPUTES WITH THE RELEASED PARTIES THROUGH BINDING ARBITRATION AS SET FORTH IN SECTION 30 OF THE FANDUEL TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The Released Parties’ failure to enforce any term of this Release will not constitute a waiver of that provision. This Release is binding on and shall inure to the benefit of the Event Organizer and its respective successors and assigns. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Reward or Event-related materials, privacy policy or terms of use on a website and/or the terms and conditions of this Release, this Release shall prevail, govern and control.