All contest entries belong to DraftKings, and winners consent to DraftKings using their name, voice, image, and likeness for advertising and promotional purposes for an indefinite period after winning.
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
The clause operationalizes DraftKings' ownership of submitted contest entries and establishes the scope of permitted uses of participant identity elements. It also creates a performance obligation for winners to participate in promotional activities during a specified period, establishing the operational framework for contest administration and marketing uses.
Interpretive note: The 'where legal' qualifier introduces jurisdictional variability; the enforceability of blanket name and likeness consent through a terms of service agreement varies by state right of publicity statute.
If you win a contest, you may be required to participate in DraftKings advertising and promotions using your name, image, and likeness for an indefinite period, and you have no contractual right to withdraw this consent until DraftKings affirmatively releases you.
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"All entries become the property of DraftKings and will not be acknowledged or returned. Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner and continuing until such time when DraftKings informs them that they no longer need to do so that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.— Excerpt from DraftKings's DraftKings Terms of Use
REGULATORY LANDSCAPE: Name, voice, and likeness licensing in consumer agreements engages state right of publicity statutes, which vary significantly in scope and enforceability. California, New York, Illinois, and other states have statutes specifically governing commercial use of personal identity that may limit the scope of consent obtained through broad terms of service provisions. The document includes the qualifier 'where legal,' which acknowledges jurisdictional variation but does not specify how the provision applies in jurisdictions where such broad consent may be unenforceable. GOVERNANCE EXPOSURE: Medium. The indefinite duration of the winner availability obligation, dependent entirely on DraftKings releasing the winner, is unusual and creates ongoing obligations that winners may not appreciate at the time of consent. The 'where legal' qualifier provides some protection but does not create a clear mechanism for winners in restrictive jurisdictions to understand their rights. JURISDICTION FLAGS: California's right of publicity statute, New York Civil Rights Law sections 50-51, and Illinois' Right of Publicity Act create heightened exposure for broad name and likeness licensing provisions in consumer agreements. The 'where legal' qualifier may be insufficient to ensure compliance in these jurisdictions without more specific opt-in mechanisms. CONTRACT AND VENDOR IMPLICATIONS: Marketing and advertising agencies and media partners who use DraftKings winner content should ensure that any usage is within the scope of consents actually obtained and applicable in the winner's jurisdiction, rather than relying solely on the broad terms of service provision. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the name and likeness consent provision, as a blanket acceptance through terms of service, satisfies right of publicity statute requirements in key jurisdictions. For high-value prize winners who may have meaningful commercial identity interests, a separate, specific consent document may be advisable. The indefinite availability obligation should be reviewed for alignment with applicable labor or personal services contract standards.
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The clause operationalizes DraftKings' ownership of submitted contest entries and establishes the scope of permitted uses of participant identity elements. It also creates a performance obligation for winners to participate in promotional activities during a specified period, establishing the operational framework for contest administration and marketing uses.
If you win a contest, you may be required to participate in DraftKings advertising and promotions using your name, image, and likeness for an indefinite period, and you have no contractual right to withdraw this consent until DraftKings affirmatively releases you.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.