Phillies x DraftKings Autographed Bat Sweepstakes

Philadelphia Phillies x DraftKings Autographed Bat Sweepstakes (the ā€œSweepstakesā€)

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. TRAVEL NOT INCLUDED.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (including its commonwealths, territories, and possessions) (the ā€œEligible Territoryā€) 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 DK Crown Holdings Inc. (ā€œSponsorā€), 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. ā€œMLB Entitiesā€ means the Office of the Commissioner of Baseball (ā€œBOCā€), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (ā€œMLBā€), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (ā€œClubsā€), 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 laws, rules, and regulations. Void outside the Eligible Territory and where prohibited or restricted by law, rule, or regulation.

HOW TO ENTER: The Sweepstakes entry period begins at 10:00 AM Eastern Time (ā€œETā€) on September 27, 2022 and ends at 10:00 AM ET on September 29, 2022 (ā€œEntry Periodā€). Enter via Twitter, as described below. No other method of entry will be accepted. Limit one (1) entry per person/Twitter account. Additional entries beyond the specified limit will be void.

To enter, you must have a valid public (i.e., not protected) Twitter account and be a follower of @DraftKings and @Phillies. During the Entry Period, @Phillies (the ā€œSweeps Twitter Accountā€) will post a Tweet which invites entries into the Sweepstakes. Using your Twitter account, reply to or Retweet such Tweet and include the hashtag #PhilliesxDKSweepstakes (ā€œEntry Tweetā€). Your Entry Tweet must remain publicly posted through the Drawing Date (as set forth below) and must comply with the Content Restrictions (as set forth below) and Twitterā€™s Terms of Service and Twitter Rules and Policies available at twitter.com/tos. All information submitted via the Twitter platform is subject to Twitterā€™s Privacy Policy accessible at twitter.com/privacy and Twitter Terms of Service and Twitter Rules and Policies. All information submitted via Twitter and shared with any of the MLB Entities per your Twitter 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, MLBā€™s Privacy Policy accessible at mlb.com/privacy. All information submitted via Twitter and shared with Sponsor per your Twitter account settings, or submitted directly to sponsor in connection with the Sweepstakes, is subject to, and will be treated in a manner consistent with, Sponsorā€™s Privacy Policy accessible athttps://myaccount.draftkings.com/documents/us-privacy-policy. If you do not have a Twitter account, you may register for one, for free, at Twitter.com. Data and usage rates may apply to the download and use of the Twitter mobile application. The time of receipt of any Twitter entry shall be the time such entry is made available to Sponsor via the Twitter 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.

RANDOM DRAWING; ODDS: On or about September 30, 2022 (ā€œDrawing Dateā€), MLB shall select one (1) potential winner by random drawing from among all eligible entries received. Subject to Sponsorā€™s 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 from the Philadelphia Phillies one (1) autographed baseball bat signed by a current Philadelphia Phillies player, such player to be determined in the sole discretion of Sponsor and the MLB Entities. (Approximate Retail Value: $200).

PRIZE CONDITIONS: All prize details shall be determined in the sole and absolute discretion of Sponsor and the MLB Entities. Winner is fully responsible for any and all applicable 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 Sponsorā€™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 by MLB via direct message to the Twitter account 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 Sponsorā€™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 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 or to return any required documents within the specified time period, noncompliance with these Official Rules, or the return of Prize Notification or of the prize (or any portion thereof) as non-deliverable may result in the potential winnerā€™s disqualification and prize forfeiture and, at Sponsorā€™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, Sponsor, or either of the foregoingā€™s 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 law, ordinance, or regulation; (k) individuals under legal age of majority; (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 jurisdiction 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 (excluding any Tweet of the Sweeps Twitter Account which may be contained in 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 MLBā€™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 and/or Sponsor 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 and/or Sponsor 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 or Sponsor 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, Twitter, 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, ā€œReleased Partiesā€) 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 Entities, 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: 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 entrantā€™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 the MLB Entities; 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. Sponsorā€™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 or the MLB Entities are prevented from executing the Sweepstakes as contemplated herein by any event beyond their 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, SOCIAL MEDIA PLATFORM, 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 ATTORNEYSā€™ 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 a Twitter account, the winning entry will be declared made by the Authorized Twitter Account Holder of the Twitter account used to enter the Sweepstakes, provided he/she is eligible according to these Official Rules. The "Authorized Twitter Account Holder" is defined as the natural person who is assigned to a Twitter account by Twitter, Inc.

CHOICE OF LAW AND DISPUTES: 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") must be brought in a state or federal court of competent jurisdiction within the State of New York ; (b) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, special, consequential, or any other damages, including, without limitation, lost profits, other than for actual out-of-pocket expenses, but in no event attorneyā€™s fees; and (c) except where prohibited by law, all Claims shall be resolved individually, without resort to any form of class action. 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 winnerā€™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: Philadelphia Phillies x DraftKings Autographed Bat Winner List, c/o Organic Social Team, DraftKings, Inc., 222 Berkeley St, Boston, MA 02116.

SPONSOR: The Sponsor of this Sweepstakes is DK Crown Holdings Inc., 222 Berkeley St, Boston, MA 02116.

This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. or Twitter, Inc. TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. Apple is not a participant in or sponsor of this promotion.