SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x FANDUEL INC., Plaintiff, - against - ERIC T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, and the STATE OF NEW YORK, Defendants. : : : : : : : : : : : : Index No. ___________/2015 NYSCEF Case

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Plaintiff FanDuel Inc. (“FanDuel”), by its undersigned attorneys, for its Complaint against Defendant Eric T. Schneiderman, in his official capacity as Attorney General of the State of New York (the “NYAG”), and Defendant the State of New York, alleges as follows:

PRELIMINARY STATEMENT

1. Thi s is an act ion see king a dec lar ato ry judg men t and inj unc tiv e rel ief to prevent the NYAG from p ursuing further efforts to shut down FanDuel’s e normously popular fantasy sports activities in New York state. Such a shutdown would deprive hundreds of thousands of subscribing New Yorkers of the opportunity to pit their skills against the skills of others in selecting a “fantasy” team of athletes from different sports teams and competing in contests offering prizes to the players whose fantasy teams perform best. The NYAG, in a November 10, 2015 cease and desist letter that the NYAG disseminated to the press, has taken the legally incorrect position that the

FILED: NEW YORK COUNTY CLERK 11/13/2015 10:09 AM