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
Residents of or persons physically located in the excluded jurisdictions are ineligible to open an account or participate in contests, regardless of their legal residency status elsewhere.
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 →If you are not a legal resident physically located in an eligible U.S. state or Washington, D.C., you are not eligible to open a DraftKings account or participate in contests.
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"Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana...are eligible to open an account and participate in contests.Excerpt from DraftKings's Terms of Use
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Residents of or persons physically located in the excluded jurisdictions are ineligible to open an account or participate in contests, regardless of their legal residency status elsewhere.
If you are not a legal resident physically located in an eligible U.S. state or Washington, D.C., you are not eligible to open a DraftKings account or participate in contests.
ConductAtlas has identified this type of provision across 245 platforms. See the full comparison.
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