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 restricts contest participation to users physically located outside specified excluded states and Louisiana parishes, and prohibits use of virtual private networks or any means of disguising physical location while using the platform. Use of a VPN constitutes a terms violation.
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 physical location verification as an eligibility condition and prohibits VPN use as a mechanism to circumvent geographic restrictions. Violation of the VPN prohibition constitutes a terms breach that may trigger account enforcement actions.
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 these terms, users physically located in Hawaii, Idaho, Montana, Nevada, Oregon, Washington, or certain Louisiana parishes are not eligible to participate in prize contests, and use of a VPN or other location-masking technology while using the platform constitutes a violation that may result in account action. Residents of Idaho who are physically located outside the excluded regions are eligible to participate.
Cross-platform context
See how other platforms handle Geographic Eligibility Restrictions and VPN Prohibition 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 20 platforms.
"Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests (together the "Excluded Regions") are eligible to open an account and participate in contests offered by the Website. You may not use the Services or Website while using a virtual private network, and it shall be a violation of these Terms of Use to disguise or attempt to disguise your physical location while using the Services or Website.Excerpt from DraftKings's Terms of Use
1. REGULATORY LANDSCAPE: Geographic eligibility restrictions reflect state-by-state daily fantasy sports authorization status and state gaming law requirements. The exclusion of specific states and Louisiana parishes reflects the regulatory framework established by state legislatures and, in Louisiana, local ballot measures. VPN prohibition provisions engage state gaming enforcement frameworks and platform integrity requirements. 2. GOVERNANCE EXPOSURE: Medium. The VPN prohibition creates a platform integrity enforcement obligation requiring DraftKings to maintain geolocation verification mechanisms. The exclusion of specific states and Louisiana parishes requires ongoing monitoring of state regulatory developments that may change eligibility status. 3. JURISDICTION FLAGS: Montana, Nevada, Oregon, and Washington are listed as excluded regions, reflecting state legal determinations regarding daily fantasy sports. Louisiana eligibility is parish-specific based on local ballot outcomes, creating a sub-state geographic compliance requirement. Idaho residents face a split eligibility rule based on physical location rather than residency. 4. CONTRACT AND VENDOR IMPLICATIONS: The VPN prohibition and geolocation requirement create operational dependencies on geolocation technology vendors. The accuracy and reliability of geolocation verification is a compliance risk factor in the event of regulatory audit in any excluded jurisdiction. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should maintain a current map of state eligibility status and monitor legislative developments in excluded states that may change participation eligibility. The Louisiana parish-specific exclusion requires granular geolocation capability. The Idaho split eligibility rule requires particular attention to physical location verification at the time of participation.
This provision establishes physical location verification as an eligibility condition and prohibits VPN use as a mechanism to circumvent geographic restrictions. Violation of the VPN prohibition constitutes a terms breach that may trigger account enforcement actions.
Under these terms, users physically located in Hawaii, Idaho, Montana, Nevada, Oregon, Washington, or certain Louisiana parishes are not eligible to participate in prize contests, and use of a VPN or other location-masking technology while using the platform constitutes a violation that may result in account action. Residents of Idaho who are physically located outside the excluded regions are eligible …
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.