DraftKings · DraftKings Terms of Use · View original document ↗

Intellectual Property License and User Content

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Winners are required to be available for promotional activities for an indefinite period until DraftKings releases them, and consent to commercial use of their personal identity, including name and likeness, which has real-world implications particularly in states with strong right of publicity statutes.

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.

Recent Activity

This document changed recently

Medium Jul 1, 2026

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 →

Consumer impact (what this means for users)

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.

How other platforms handle this

Acorns Medium

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distri...

Xbox Medium

When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) in or in connection with our products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly per...

Perplexity AI Medium

By submitting, posting, or displaying content on or through the Services, you grant Perplexity a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

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.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over endorsement and testimonial practices and the adequacy of consumer consent for commercial identity use in advertising
    File a complaint →

Provision details

Document information
Document
DraftKings Terms of Use
Entity
DraftKings
Document last updated
May 5, 2026
Tracking information
First tracked
May 7, 2026
Last verified
May 9, 2026
Record ID
CA-P-007625
Document ID
CA-D-00348
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ed63c19c7ed37989fe1f2f4c3ee5050bd18a06d50ccb46aa77b4290df55a1189
Analysis generated
May 7, 2026 08:55 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: DraftKings
Document: DraftKings Terms of Use
Record ID: CA-P-007625
Captured: 2026-05-07 08:55:40 UTC
SHA-256: ed63c19c7ed37989…
URL: https://conductatlas.com/platform/draftkings/draftkings-terms-of-use/intellectual-property-license-and-user-content/
Accessed: July 4, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does DraftKings's Intellectual Property License and User Content clause do?

Winners are required to be available for promotional activities for an indefinite period until DraftKings releases them, and consent to commercial use of their personal identity, including name and likeness, which has real-world implications particularly in states with strong right of publicity statutes.

How does this clause affect you?

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.

Is ConductAtlas affiliated with DraftKings?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.