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
Users are required to litigate all disputes in a specific geographic forum, regardless of where they are located, limiting their practical ability to pursue claims.
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 have a dispute with DraftKings, you must bring it in the courts of competent jurisdiction in Suffolk County, Massachusetts, and you waive any argument that those courts lack personal jurisdiction or are not an appropriate or convenient forum.
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Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, USA...
it shall be adjudicated exclusively by the state and federal courts located in San Francisco County, California.
The jurisdiction and venue for actions related to these Terms will be the state and United States federal courts located in San Francisco, California and both Parties submit to the personal jurisdiction of such courts
"The exclusive jurisdiction and venue for proceedings involving any and all disputes...shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts...the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient.Excerpt from DraftKings's Terms of Use
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Users are required to litigate all disputes in a specific geographic forum, regardless of where they are located, limiting their practical ability to pursue claims.
If you have a dispute with DraftKings, you must bring it in the courts of competent jurisdiction in Suffolk County, Massachusetts, and you waive any argument that those courts lack personal jurisdiction or are not an appropriate or convenient forum.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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