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
The provision creates jurisdiction-specific eligibility thresholds that DraftKings must enforce to comply with state gaming regulations. The clause also establishes that permitting underage participation constitutes a criminal offense, creating legal obligations for the platform to implement age verification mechanisms.
Users must satisfy the age requirement applicable to their physical jurisdiction before account creation or contest participation. Users physically located in specified states face higher age thresholds than the baseline 18-year requirement, which DraftKings enforces through account eligibility verification.
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"You must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. 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. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests.— Excerpt from DraftKings's DraftKings Terms of Use
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The provision creates jurisdiction-specific eligibility thresholds that DraftKings must enforce to comply with state gaming regulations. The clause also establishes that permitting underage participation constitutes a criminal offense, creating legal obligations for the platform to implement age verification mechanisms.
Users must satisfy the age requirement applicable to their physical jurisdiction before account creation or contest participation. Users physically located in specified states face higher age thresholds than the baseline 18-year requirement, which DraftKings enforces through account eligibility verification.
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