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
Age requirements vary by state, and violating them — including by sharing your account — exposes both you and DraftKings to criminal liability, not just account suspension.
DraftKings' Terms of Use directly affect your finances by stating all deposits are final with no refunds, and your legal rights by requiring individual arbitration for disputes and waiving your right to participate in class action lawsuits. The agreement also permits DraftKings to close your account, withhold prizes, or terminate your access without prior notice at its sole discretion, leaving limited recourse if you believe a decision was made in error. You can opt out of the mandatory arbitration clause by sending a written notice to DraftKings within 30 days of first creating your account, which preserves your right to pursue claims in court.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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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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Age requirements vary by state, and violating them — including by sharing your account — exposes both you and DraftKings to criminal liability, not just account suspension.
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