The agreement caps DraftKings total financial liability to any individual user at $100 for all damages, losses, or causes of action combined, regardless of the nature or amount of the claim.
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 $100 ceiling on all recoverable damages from DraftKings in connection with platform use, contest participation, account actions, or website operations, applicable to all causes of action collectively.
The updated terms establish that daily fantasy terms apply only to fantasy sports contests and explicitly exclude other DraftKings services like sportsbook, igaming, and horse racing. Illinois residents now face a minimum age requirement of 21 to open accounts and participate in contests, while the prior exception allowing 18-year-olds in Virginia who opened accounts before July 1, 2025 no longer applies. The terms now prohibit use of VPNs or attempts to disguise physical location while using the platform, treating such use as a terms violation. Additionally, DraftKings has reserved authority to transfer account funds across its affiliated platforms to meet regulatory or operational requirements without requiring advance notice for each transfer.
View change record →This new high-severity provision dramatically limits DraftKings' financial liability to users to only $100 regardless of the nature or extent of damages, significantly reducing user recourse.
View full change record →Under this clause, the maximum amount a user can recover from DraftKings for all claims combined is $100, regardless of the value of any prizes withheld, deposits affected, or damages sustained. This cap applies to all damage types including special, direct, indirect, incidental, punitive, and consequential damages.
Cross-platform context
See how other platforms handle $100 Aggregate Liability Cap and similar clauses.
Compare across platforms →"IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).Excerpt from DraftKings's Terms of Use
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This provision establishes a $100 ceiling on all recoverable damages from DraftKings in connection with platform use, contest participation, account actions, or website operations, applicable to all causes of action collectively.
Under this clause, the maximum amount a user can recover from DraftKings for all claims combined is $100, regardless of the value of any prizes withheld, deposits affected, or damages sustained. This cap applies to all damage types including special, direct, indirect, incidental, punitive, and consequential damages.
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