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.
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 →A new VPN prohibition was added to the geographic eligibility section, replacing the generic 'abide by all applicable laws' language with specific restrictions on virtual private network usage.
View full change record →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 Terms of Use
REGULATORY LANDSCAPE: Geographic eligibility restrictions reflect state-level determinations about the legality of daily fantasy sports contests under state gambling statutes.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
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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.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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