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
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...
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...
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...
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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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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.
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