The agreement requires users to resolve disputes with DraftKings through individual binding arbitration administered under JAMS rules, waiving the right to jury trial and participation in class or collective actions. A 30-day opt-out window is available from the date of first use or account creation.
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
This provision requires that disputes between users and DraftKings proceed through individual arbitration rather than court proceedings, and prohibits participation in class or collective actions. The 30-day opt-out window is the operative mechanism for users who wish to preserve court access.
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 →The provision was substantially expanded with explicit explanations of arbitration mechanics, informality, finality, and limited review scope, making the class action waiver more conspicuous and detailed.
View full change record →Under this clause, users who do not opt out within 30 days of first use are bound to resolve all covered disputes through individual arbitration and cannot participate in class actions against DraftKings. The agreement requires written notification to DraftKings to exercise the opt-out.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and Class Action Waiver and similar clauses.
Compare across platforms →"PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. BY AGREEING TO THESE TERMS, YOU AND DRAFTKINGS EACH AGREE TO THE FOLLOWING: (1) WAIVE YOUR RESPECTIVE RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING UNDER THESE TERMS OF USE RESOLVED IN COURT; AND (2) WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.Excerpt from DraftKings's Terms of Use
1.
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
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision requires that disputes between users and DraftKings proceed through individual arbitration rather than court proceedings, and prohibits participation in class or collective actions. The 30-day opt-out window is the operative mechanism for users who wish to preserve court access.
Under this clause, users who do not opt out within 30 days of first use are bound to resolve all covered disputes through individual arbitration and cannot participate in class actions against DraftKings. The agreement requires written notification to DraftKings to exercise the opt-out.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.