0001104659-24-057118.txt : 20240503 0001104659-24-057118.hdr.sgml : 20240503 20240503200018 ACCESSION NUMBER: 0001104659-24-057118 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20240501 FILED AS OF DATE: 20240503 DATE AS OF CHANGE: 20240503 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Ellingson Alan Wayne CENTRAL INDEX KEY: 0002019299 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-41379 FILM NUMBER: 24915155 MAIL ADDRESS: STREET 1: 222 BERKELEY STREET, 5TH FLOOR CITY: BOSTON STATE: MA ZIP: 02116 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DraftKings Inc. CENTRAL INDEX KEY: 0001883685 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MISCELLANEOUS AMUSEMENT & RECREATION [7990] ORGANIZATION NAME: 07 Trade & Services IRS NUMBER: 000000000 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 222 BERKELEY STREET CITY: BOSTON STATE: MA ZIP: 02116 BUSINESS PHONE: (617) 986-6744 MAIL ADDRESS: STREET 1: 222 BERKELEY STREET CITY: BOSTON STATE: MA ZIP: 02116 FORMER COMPANY: FORMER CONFORMED NAME: New Duke Holdco, Inc. DATE OF NAME CHANGE: 20210917 3 1 tm2413501-1_3seq1.xml OWNERSHIP DOCUMENT X0206 3 2024-05-01 0 0001883685 DraftKings Inc. DKNG 0002019299 Ellingson Alan Wayne C/O DRAFTKINGS INC. 222 BERKELEY STREET, 5TH FLOOR BOSTON MA 02116 0 1 0 0 Chief Financial Officer Class A Common Stock 6639 D Restricted Stock Units 0.00 Class A Common Stock 853 D Restricted Stock Units 0.00 Class A Common Stock 12851 D Restricted Stock Units 0.00 Class A Common Stock 25684 D Restricted Stock Units 0.00 Class A Common Stock 11868 D On February 24, 2021, the Reporting Person was granted 3,411 restricted stock units ("RSUs") vesting quarterly over four (4) years from February 24, 2021. On March 1, 2022, the Reporting Person was granted 25,703 RSUs vesting quarterly over four (4) years from March 1, 2022. On March 1, 2023, the Reporting Person was granted 34,245 RSUs vesting quarterly over four (4) years from March 1, 2023. On February 16, 2024, the Reporting Person was granted 11,868 RSUs vesting quarterly over four (4) years from March 1, 2024. See Exhibit 24 - Power of Attorney. /s/ Faisal Hasan, attorney-in-fact 2024-05-03 EX-24 2 tm2413501d1_ex24.htm EXHIBIT 24

Exhibit 24

 

LIMITED POWER OF ATTORNEY FOR SECTION 16 REPORTING OBLIGATIONS

 

Know all by these presents, that the undersigned hereby constitutes and appoints each of the following officers of DraftKings Inc. (the “Company”): the Secretary, any Assistant Secretary and any Senior Corporate Counsel, as the undersigned’s true and lawful attorney-in-fact to:

 

1. execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer or director or both of the Company, Forms 3, 4 and 5 (and any amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules thereunder, and any Form 144 under the Securities Act of 1933, as amended;

 

2. do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4, 5 or Form 144 Notice, complete and execute any amendments thereto, and timely file such form with the Securities and Exchange Commission and any securities exchange or similar authority;

 

3. seek or obtain, as the undersigned’s representative and on the undersigned’s behalf, information on transactions in the Company’s securities from any third party, including brokers, employee benefit plan administrators and trustees, and the undersigned hereby authorizes any such person to release any such information to each of the undersigned’s attorneys-in-fact appointed by this Limited Power of Attorney and approves and ratifies any such release of information; and

 

4. take any other action in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by or for, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Limited Power of Attorney shall be in such form and shall contain such information and disclosure as such attorney-in-fact may approve in such attorney-in-fact’s discretion.

 

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever required, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney and the rights and powers herein granted.

 

The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request and on the behalf of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with, or any liability for the failure to comply with, any provision of Section 16 of the Exchange Act.

 

This Limited Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, 5 and 144 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each of the foregoing attorneys-in-fact.

 

IN WITNESS WHEREOF, the undersigned has executed this Limited Power of Attorney as of this 2nd day of May, 2024.

 

 

 

  Signed and acknowledged:
   
  /s/ Alan Ellingson
  Signature
   
  Alan Ellingson
  Printed Name