DraftKings is only available for real-money contest participation to users physically located in certain US states, and residents of Hawaii, Idaho, Montana, Nevada, Oregon, and Washington (plus certain Louisiana parishes) cannot participate in prize contests.
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
If you live in or travel to an excluded state or region, you cannot enter real-money contests, and participating from an excluded region could be treated as a violation of the terms, with potential consequences including account suspension or prize forfeiture.
Users who travel to excluded states, even temporarily, are not permitted to enter real-money contests while physically located there, and the agreement states that it is a criminal offense to allow ineligible individuals to participate, creating legal risk beyond mere account suspension for violations.
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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 where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests (together the "Excluded Regions") are eligible to open an account and participate in contests offered by the Website. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website.— Excerpt from DraftKings's DraftKings Terms of Use
REGULATORY LANDSCAPE: Geographic eligibility restrictions reflect state-level determinations about the legality of daily fantasy sports contests under state gambling statutes. The terms engage state gaming regulators and state AGs in each affected jurisdiction. The explicit naming of excluded states suggests ongoing legal analysis of each state's regulatory posture toward fantasy sports. Criminal offense language related to age restriction violations reflects incorporation of state statute requirements. GOVERNANCE EXPOSURE: Medium. The eligibility matrix is complex, with state-specific age thresholds for Alabama, Nebraska, Arizona, Iowa, Louisiana, Massachusetts, and Virginia, plus an Idaho carve-out for residents physically located outside excluded regions. This complexity creates compliance risk that eligibility checks may not capture all edge cases, particularly for users who travel between jurisdictions. JURISDICTION FLAGS: The document explicitly identifies excluded regions by state and references Louisiana parish-level voting outcomes as an eligibility determinant, which is highly jurisdiction-specific. The Virginia provision includes a transitional rule for accounts opened before July 1, 2025, creating a population of users governed by different age eligibility standards. States not listed as excluded but with evolving regulatory postures on fantasy sports may require monitoring. CONTRACT AND VENDOR IMPLICATIONS: Technology partners providing geolocation services to DraftKings may need to ensure their systems accurately reflect the complex eligibility matrix, including the Louisiana parish-level restriction and the Idaho carve-out, to avoid compliance failures. COMPLIANCE CONSIDERATIONS: Compliance teams should maintain a current map of eligible jurisdictions, update it when state regulatory postures change, and ensure that geolocation verification systems reflect the granular parish-level restrictions in Louisiana. The transitional Virginia provision for pre-July 1, 2025 accounts requires a separate user population to be tracked and managed under different eligibility standards.
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If you live in or travel to an excluded state or region, you cannot enter real-money contests, and participating from an excluded region could be treated as a violation of the terms, with potential consequences including account suspension or prize forfeiture.
Users who travel to excluded states, even temporarily, are not permitted to enter real-money contests while physically located there, and the agreement states that it is a criminal offense to allow ineligible individuals to participate, creating legal risk beyond mere account suspension for violations.
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