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
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.
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(iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within Creators API, PA API, Data Feeds, Product Advertising Content, or Specifications.
"DraftKings reserves the right to enforce its Terms of Use if DraftKings, in its sole discretion, determines that the services provided by a content provider's platform...is detrimental to the Company brand or brands, including, without limitation, in any manner that is disparaging or that otherwise portrays DraftKings in a negative light...Excerpt from DraftKings's Terms of Use
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The clause states: “DraftKings reserves the right to enforce its Terms of Use if DraftKings, in its sole discretion, determines that the services provided by a content provider's platform...is detrimental to the Company brand or brands, including, without limitation, in any manner that is disparaging or that otherwise portrays DraftKings in a negative …”
ConductAtlas has identified this type of provision across 108 platforms. See the full comparison.
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