This clause authorizes DraftKings to use a user's name, likeness, voice, opinions, and biographical information for publicity, advertising, and promotional purposes without additional payment, notice, or prior approval, upon participation in DFS contests, Gaming offerings, or other Services.
This analysis describes what DraftKings's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a broad publicity rights grant triggered by participation in DraftKings services. The clause's scope covering voice, opinions, and biographical information without additional payment or approval may require evaluation against state right-of-publicity statutes, which vary in their treatment of consent obtained through general terms acceptance versus specific written authorization.
Interpretive note: Enforceability of a likeness and publicity rights grant obtained through general privacy notice acceptance varies by jurisdiction and depends on whether applicable state right-of-publicity statutes require separate written consent for commercial use.
Under this clause, participation in DraftKings DFS contests, Gaming offerings, or other Services authorizes the use of the user's name, likeness, voice, opinions, and biographical information in advertising and promotional materials without additional compensation, prior notice, or individual approval. The agreement does not describe a mechanism to opt out of this publicity rights grant while continuing to use the Services.
Cross-platform context
See how other platforms handle Likeness and Publicity Rights for Promotional Use and similar clauses.
Compare across platforms →"When you participate in a DFS contest, Gaming offering, promotion, or otherwise use the Services, we may use your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates state right-of-publicity statutes, which vary significantly by jurisdiction.
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This provision establishes a broad publicity rights grant triggered by participation in DraftKings services. The clause's scope covering voice, opinions, and biographical information without additional payment or approval may require evaluation against state right-of-publicity statutes, which vary in their treatment of consent obtained through general terms acceptance versus specific written authorization.
Under this clause, participation in DraftKings DFS contests, Gaming offerings, or other Services authorizes the use of the user's name, likeness, voice, opinions, and biographical information in advertising and promotional materials without additional compensation, prior notice, or individual approval. The agreement does not describe a mechanism to opt out of this publicity rights grant while continuing to use the Services.
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