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
Entrants bear the financial and legal burden of shielding DraftKings and its affiliates from a broadly defined range of claims, including personal injury and property damage.
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 →As an entrant, you are required to indemnify, release, and hold harmless DraftKings and its related entities from any and all liability, claims, or actions, including injuries, damages, or losses to persons and property.
How other platforms handle this
Seller will indemnify and hold Whatnot harmless from and against all damages, liabilities, losses, penalties, fines, expenses, and costs...arising out of or relating to any employment claims made by Seller
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
You will cooperate as fully required by the Chegg Parties in the defense of any claim.
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"entrants...agree to indemnify, release and to hold harmless DraftKings, its parents, subsidiaries, affiliates and agents...from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property...— Excerpt from DraftKings's DraftKings Terms of Use
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Entrants bear the financial and legal burden of shielding DraftKings and its affiliates from a broadly defined range of claims, including personal injury and property damage.
As an entrant, you are required to indemnify, release, and hold harmless DraftKings and its related entities from any and all liability, claims, or actions, including injuries, damages, or losses to persons and property.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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