Form 8-K - Current report

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): May 17, 2024 (May 13, 2024)

DRAFTKINGS INC.

(Exact name of registrant as specified in its charter)

Nevada

(State or other jurisdiction

of incorporation)

001-41379

(Commission

File Number)

87-2764212

(IRS Employer

Identification No.)

222 Berkeley Street, 5th Floor

Boston, MA 02116

(Address of principal executive offices, including zip code)

Registrant’s telephone number, including area code: (617) 986-6744

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

Trading Symbol(s)

Name of each exchange on which registered

Class A common stock, par value $0.0001 per share

DKNG

The Nasdaq Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 5.07. Submission of Matters to a Vote of Security Holders.

On May 13, 2024, DraftKings Inc. (the “Company”) held its 2024 Annual Meeting of Shareholders (the “Annual Meeting”).

The following matters were voted upon at the Annual Meeting:

1.To elect ten directors to the Company’s board of directors;

2.To ratify the appointment of BDO USA, P.C. as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2024;

3.To conduct a non-binding advisory vote on executive compensation; and

4.To consider a shareholder proposal regarding disclosure of certain political contributions.

The following are the final voting results for each of the matters voted upon at the Annual Meeting:


Election of directors:	For		Withheld		Broker Non-Votes
Jason D. Robins		4,140,502,639		74,061,742		89,548,214
Harry Evans Sloan		4,190,455,150		24,109,231		89,548,214
Matthew Kalish		4,210,804,598		3,759,783		89,548,214
Paul Liberman		4,210,854,993		3,709,388		89,548,214
Woodrow H. Levin		4,125,112,269		89,452,112		89,548,214
Jocelyn Moore		4,210,361,152		4,203,229		89,548,214
Ryan R. Moore		4,205,367,210		9,197,171		89,548,214
Valerie Mosley		4,146,675,323		67,889,058		89,548,214
Steven J. Murray		4,206,125,183		8,439,198		89,548,214
Marni M. Walden		4,076,095,631		138,468,750		89,548,214


Ratification of the appointment of BDO USA, P.C.:	For	Against	Abstain	Broker Non-Votes
	4,299,922,723	3,521,310	668,562	0


Non-binding advisory vote on executive compensation:	For	Against	Abstain	Broker Non-Votes
	4,058,692,888	155,288,592	582,901	89,548,214


Shareholder proposal regarding disclosure of certain political contributions:	For	Against	Abstain	Broker Non-Votes
	157,872,231	4,053,033,840	3,658,310	89,548,214

Item 9.01 Financial Statements and Exhibits.


(d) Exhibits.
Exhibit Number						Description

104						Cover Page Interactive Data File (embedded within the Inline XBRL document)

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: May 17, 2024


DRAFTKINGS INC.

By:						/s/ R. Stanton Dodge
Name:						R. Stanton Dodge
Title:						Chief Legal Officer and Secretary

Cover	May 17, 2024
Cover [Abstract]
Document Type	8-K
Document Period End Date	May 17, 2024
Entity Registrant Name	DRAFTKINGS INC.
Entity Incorporation, State or Country Code	NV
Entity File Number	001-41379
Entity Tax Identification Number	87-2764212
Entity Address, Address Line One	222 Berkeley Street
Entity Address, Address Line Two	5th Floor
Entity Address, City or Town	Boston
Entity Address, State or Province	MA
Entity Address, Postal Zip Code	02116
City Area Code	617
Local Phone Number	986-6744
Written Communications	false
Soliciting Material	false
Pre-commencement Tender Offer	false
Pre-commencement Issuer Tender Offer	false
Title of 12(b) Security	Class A common stock, par value $0.0001 per share
Trading Symbol	DKNG
Security Exchange Name	NASDAQ
Entity Emerging Growth Company	false
Entity Central Index Key	0001883685
Amendment Flag	false