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The agreement authorizes DraftKings and its affiliates to transfer, allocate, or apply user account funds across affiliated platforms and services subject to applicable law and location-based restrictions. The terms note that deposited funds may not always be transferable depending on the user's physical location.
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 grants DraftKings and its affiliates authorization to move user account funds across multiple platforms and services, with restrictions that vary by location. The operational scope of this authorization depends on which affiliated platforms and services are in scope at any given time.
Interpretive note: The practical scope of this authorization depends on which DraftKings affiliates and services are in scope at any given time, which the document does not enumerate in this clause.
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 →Under this clause, user account funds may be transferred or allocated across DraftKings and its affiliated platforms and services, subject to applicable law and location-based restrictions. The agreement directs users to a linked page for further information on cross-platform fund restrictions.
Cross-platform context
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"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. 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.Excerpt from DraftKings's Terms of Use
1. REGULATORY LANDSCAPE: Authorization to transfer user funds across affiliated platforms engages state money transmission licensing requirements, daily fantasy sports licensing conditions, and potentially state consumer protection statutes governing the handling of consumer funds. The CFPB may have jurisdiction over fund transfer practices depending on the characterization of DraftKings payment operations. 2. GOVERNANCE EXPOSURE: Medium. The authorization is broad in scope but conditioned on applicable law, which introduces a self-limiting qualifier. The practical scope of fund transferability across affiliates depends on which services and platforms are included within the DraftKings affiliate network at any time, and the document does not enumerate those affiliates or services in this clause. 3. JURISDICTION FLAGS: State money transmission licensing requirements vary significantly. States with specific daily fantasy sports licensing frameworks may impose restrictions on the transfer of player funds to non-fantasy affiliated services. Users located in states with restricted or excluded status under the eligibility provisions face location-specific fund availability limitations. 4. CONTRACT AND VENDOR IMPLICATIONS: The fund transfer authorization may affect users who deposit funds specifically for fantasy sports use if those funds are applied to other affiliated platforms. The reference to a linked page for further restrictions introduces an incorporated-by-reference compliance obligation that should be reviewed as part of any comprehensive contract assessment. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should map the DraftKings affiliate network against applicable state fund transfer and money transmission licensing requirements. The location-dependent restriction language requires a jurisdiction-by-jurisdiction assessment to confirm that fund transfers are permissible in each state of operation.
This provision grants DraftKings and its affiliates authorization to move user account funds across multiple platforms and services, with restrictions that vary by location. The operational scope of this authorization depends on which affiliated platforms and services are in scope at any given time.
Under this clause, user account funds may be transferred or allocated across DraftKings and its affiliated platforms and services, subject to applicable law and location-based restrictions. The agreement directs users to a linked page for further information on cross-platform fund restrictions.
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