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
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.
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 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
we may closely review accounts that offer the following services, products, or content: Online trading, day trading tips, and stock market related content
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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 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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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.
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.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.