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| 0 | DraftKings (Last Updated 7/1/2025) IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DRAFTKINGS IMPORTANT! | 0 | DraftKings (Last Updated 06/30/2026) DRAFTKINGS DAILY FANTASY TERMS OF USE IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DRAFTKINGS IMPORTANT! |
| 1 | PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING DRAFTKINGS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. | 1 | PLEASE CAREFULLY READ THESE DRAFTKINGS DAILY FANTASY TERMS OF USE BEFORE USING DRAFTKINGS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. |
| 3 | We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Website, subject to these Terms of Use (the "Terms of Use", or "Terms"), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Privacy Policy, the "Agreements"). | 3 | We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Website, subject to these DraftKings Daily Fantasy Terms of Use (the "Terms of Use", or "Terms"), our privacy notice available by clicking HERE (the "Privacy Notice"), the Dynasty Rewards Rules and Policy available at https://www.draftkings.com/dynasty-rules (the "Dynasty Rules"), and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Dynasty Rules, the "Agreements"). |
| 4 | CONSIDERATION You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. | 4 | The Agreements do not apply to or govern your use of any other products and/or services provided by DraftKings or its affiliates, including, without limitation, Pick6, DraftKings online sportsbook services, DraftKings igaming services, DraftKings horse racing services, lottery currier services, DraftKings Predictions, or DraftKings Social. |
| 5 | For clarity, the Services may be offered through other mobile applications provided by DraftKings or its affiliates (the " Other Mobile Apps "), and, in such event, the Agreements will apply to your use of the Services through such Other Mobile Apps, but will not apply to or govern your use of any other services, content, products, features, or tools, offered through the Other Mobile Apps, including, without limitation, Pick6, online sportsbook services, igaming services, horse racing services, lottery currier services, DraftKings Predictions, or DraftKings Social. | ||
| 6 | CONSIDERATION You agree to the Agreements by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. | ||
| 9 | To open an account, participate in contests, or win prizes offered by the Website, you must be at least nineteen (19) years of age if you are physically located in Nebraska or Alabama or twenty-one (21) years of age if you are physically located in Arizona Iowa, Louisiana, Massachusetts, or Virginia. | 11 | To open an account, participate in contests, or win prizes offered by the Website, you must be at least nineteen (19) years of age if you are physically located in Nebraska or Alabama or twenty-one (21) years of age if you are physically located in Arizona, Illinois, Iowa, Louisiana, Massachusetts, or Virginia. |
| 10 | Notwithstanding the preceding sentence, in the event you are physically located in Virginia and opened your account prior to July 1, 2025, you must be at least eighteen (18) years of age or older to participate in contests or win prizes offered by the Website. | — | Removed |
| 17 | You may not use the Services or Website while using a virtual private network, and it shall be a violation of these Terms of Use to disguise or attempt to disguise your physical location while using the Services or Website. | ||
| 29 | Subject to applicable law, you authorize DraftKings and its affiliates to make eligible Account funds available across DraftKings and its affiliates' other platforms and services and to transfer, allocate, or apply those funds as reasonably necessary to support your use of such other platforms and services and/or to meet legal, regulatory, or operational requirements. | ||
| 30 | Funds deposited may not be available to be used on DraftKings and its affiliates' other platforms and services, and such restrictions may depend on your physical location at the time of the deposit. | ||
| 31 | Further information and restrictions on use of deposits across DraftKings and its affiliates' other platforms and services is available by clicking HERE . | ||
| 41 | REFUND POLICY DraftKings accepts all major debit cards, and, depending on the jurisdiction you are in, DraftKings may also accept major credit cards (including Visa, MasterCard, Discover, and American Express), Pay Pal, and gift cards (including DraftKings specific cards, Visa, MasterCard, and American Express). | 46 | REFUND POLICY DraftKings accepts all major debit cards, and, depending on the jurisdiction you are in, DraftKings may also accept major credit cards (including Visa, MasterCard, Discover, and American Express), PayPal, and gift cards (including DraftKings specific cards, Visa, MasterCard, and American Express). |
| 122 | You certify under penalties of perjury that: (i) the taxpayer identification number you provide to DraftKings is correct; (ii) you are not subject to backup withholdings because you are exempt from backup withholding, you have not been notified by the Internal Revenue Service ("IRS") that you are subject to backup withholding as a result of a failure to report all interest or dividends, or the IRS has notified you that you are no longer subject to backup withholding; (iii) you are a United States citizen or other United States person, as defined by the IRS's Instructions for the Requestor of Form W-9; and (iv) any Foreign Account Tax Compliance Act ("FATCA") code(s) you provide to DraftKings (in the event any) indicating that you are exempt from FATCA reporting is correct. | ||
| 123 | You consent to receive any DraftKings related tax information, including, without limitation, Forms 1099 and W-2G (in the event applicable), electronically through your player account page. | ||
| 124 | DraftKings will maintain your DraftKings related tax information for at least seven (7) calendar years following the year to which the information relates. | ||
| 125 | Your consent to receive any tax information electronically will be effective until you withdraw consent. | ||
| 126 | Your electronic tax information, in the event any, will be furnished on a downloadable PDF, which you should be able to access and print using a standard PDF reader (such as Adobe Acrobat Reader) on a computer or mobile device. | ||
| 127 | You may contact DraftKings at support@draftkings.com in the event you cannot access your electronic tax information, in the event any, or to request a paper copy of your tax information, in the event any. | ||
| 128 | Requesting a paper copy of your tax documents will not be considered a withdrawal of your consent for paperless delivery. | ||
| 129 | In the event you do not consent to receive your tax information electronically, you must notify DraftKings at support@draftkings.com , and a paper copy of any tax information will be provided. | ||
| 130 | In the event you wish to revoke your consent to receive your tax information electronically, you may do so at any time by contacting DraftKings at support@draftkings.com to arrange for any of your post-revocation tax information to be provided to you in paper form. | ||
| 131 | In order to update your contact information, you may edit it within your player account or request changes by emailing support@draftkings.com . | ||
| 121 | DK PLAYER RESERVE Customer deposits and player winnings after contests are finished are held in a separate, segregated bank account (the "Segregated Account") held by DK Player Reserve LLC, a legally separate and independent subsidiary of DraftKings, Inc. | 136 | DK PLAYER RESERVE Customer deposits and player winnings after contests are finished are held in a separate, segregated bank account (the "Segregated Account") held by DK Player Reserve LLC, a legally separate subsidiary of DraftKings Inc. |
| 124 | DraftKings, Inc. and DK Player Reserve LLC are prohibited from comingling funds held by DraftKings, Inc. and funds belonging to DK Player Reserve LLC held in the Segregated Account. | 139 | DraftKings Inc. and DK Player Reserve LLC are prohibited from comingling funds held by DraftKings Inc. and funds belonging to DK Player Reserve LLC held in the Segregated Account. |
| 125 | DraftKings, Inc. will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. | 140 | Players who believe that funds held by or their accounts with DraftKings have been misallocated, compromised, or otherwise mishandled, may register a complaint with DraftKings online by e-mailing support@draftkings.com or in writing to 222 Berkeley Street, Boston, Massachusetts 02116. |
| 126 | Users are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. | 141 | DraftKings shall use reasonable efforts to respond to such complaints within ten (10) days. |
| 127 | This process asks a series of at least four multiple choice questions about the person's life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. | 142 | If DraftKings determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. |
| 128 | In the event of a dispute as to the identity of a customer, DraftKings, Inc. can and does require its users to produce a copy of their driver's license, credit cards, utility bills or passport for identity verification. | 143 | If more information is required for DraftKings to process the complaint, the response will note the form and nature of the necessary additional information needed. |
| 129 | If a customer cannot validate their identity and account, DraftKings, Inc. will not release the funds from the account. | — | Removed |
| 130 | Once per month, DraftKings, Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to DraftKings, Inc. from credit card processors as of the end date of the immediately preceding month. | — | Removed |
| 131 | Players who believe that funds held by or their accounts with DraftKings Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with DraftKings, Inc. online by e-mailing support@draftkings.com or in writing to 222 Berkeley Street, Boston, Massachusetts 02116. | — | Removed |
| 132 | DraftKings Inc. shall use its best efforts to respond to such complaints within ten (10) days. | — | Removed |
| 133 | If DraftKings, Inc. determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. | — | Removed |
| 134 | If more information is required for DraftKings Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed. | — | Removed |
| 136 | Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law, unless DraftKings, Inc. believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings, Inc. in violation of Massachusetts state law. | 145 | Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law, unless DraftKings believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of applicable laws or regulations. |
| 137 | A request for withdrawal will be considered honored if it is processed by DraftKings, Inc. but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. | 146 | A request for withdrawal will be considered honored if it is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. |
| 138 | Players can also permanently close their account at any time for any reason through the DraftKings, Inc. customer service department. | 147 | Players can also permanently close their account at any time for any reason through the DraftKings customer service department. |
| 181 | Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. | 190 | Except as provided in the Privacy Notice, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. |
| 189 | By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless DK, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "DK Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. | 198 | By participating in any Contest on the Website, you agree to indemnify, protect, defend and hold harmless DraftKings Inc., its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "DK Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, any payment methods used, any funding of your account, and/or your participation in any Contest. |
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