Get the weekly 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. No account.
The agreement caps DraftKings total financial liability to any individual user at $100 for all damages, losses, or causes of action combined, regardless of the nature or amount of the claim.
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 establishes a $100 ceiling on all recoverable damages from DraftKings in connection with platform use, contest participation, account actions, or website operations, applicable to all causes of action collectively.
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 →Under this clause, the maximum amount a user can recover from DraftKings for all claims combined is $100, regardless of the value of any prizes withheld, deposits affected, or damages sustained. This cap applies to all damage types including special, direct, indirect, incidental, punitive, and consequential damages.
Cross-platform context
See how other platforms handle $100 Aggregate Liability Cap and similar clauses.
Compare across platforms →Monitoring
DraftKings has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).Excerpt from DraftKings's Terms of Use
1. REGULATORY LANDSCAPE: Aggregate liability caps in consumer contracts engage state consumer protection statutes and may interact with state daily fantasy sports licensing requirements that impose consumer protection obligations on operators. The FTC Act prohibits unfair or deceptive practices, and a $100 liability cap applied to financial accounts holding substantially larger sums may attract scrutiny in that context. Some states limit the enforceability of liability caps in consumer contracts. 2. GOVERNANCE EXPOSURE: High. A $100 aggregate cap applied to a platform that holds user funds in accounts that may contain substantially larger balances creates a material gap between the documented limitation and the financial exposure users may face in practice. This asymmetry is particularly notable in the context of prize withholding and account suspension provisions that DraftKings exercises at sole discretion. 3. JURISDICTION FLAGS: Some states do not allow the exclusion or limitation of incidental or consequential damages in consumer contracts, and the document acknowledges this limitation in the disclaimer section. California, Illinois, and New Jersey have active consumer protection frameworks that may constrain the enforceability of this cap in those jurisdictions. 4. CONTRACT AND VENDOR IMPLICATIONS: The $100 cap is paired with broad indemnification obligations running from user to DraftKings, creating an asymmetric liability structure. Legal teams reviewing this document in the context of institutional or promotional arrangements should note that the cap as written applies to user claims against DraftKings and does not address DraftKings claims against users. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether this liability cap satisfies disclosure adequacy standards in regulated fantasy sports jurisdictions and whether it is consistent with state licensing requirements that may impose minimum consumer protection obligations on operators holding player funds.
Full institutional analysis
Regulatory citations, enforcement risk, and due diligence action items.
Monitor: same-day alerts on the platforms you choose. Analyst: full institutional analysis.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision establishes a $100 ceiling on all recoverable damages from DraftKings in connection with platform use, contest participation, account actions, or website operations, applicable to all causes of action collectively.
Under this clause, the maximum amount a user can recover from DraftKings for all claims combined is $100, regardless of the value of any prizes withheld, deposits affected, or damages sustained. This cap applies to all damage types including special, direct, indirect, incidental, punitive, and consequential damages.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.