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 clause establishes DraftKings' contractual right to exploit winner identities across multiple channels and formats without separate compensation or consent mechanisms. It also creates an affirmative obligation for winners to participate in promotional activities during the specified period, which extends beyond the contest itself.
By entering or winning, participants grant DraftKings broad rights to use their identifying information and likeness in perpetuity for contest-related purposes. Winners specifically assume an obligation to remain available for promotional participation activities as directed by DraftKings during the post-notification period, with the duration determined unilaterally by DraftKings.
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"Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Website. Winners agree that from the date of notification by DraftKings of their status as a potential winner and continuing until such time when DraftKings informs them that they no longer need to do so that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.— Excerpt from DraftKings's DraftKings Terms of Use
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The clause establishes DraftKings' contractual right to exploit winner identities across multiple channels and formats without separate compensation or consent mechanisms. It also creates an affirmative obligation for winners to participate in promotional activities during the specified period, which extends beyond the contest itself.
By entering or winning, participants grant DraftKings broad rights to use their identifying information and likeness in perpetuity for contest-related purposes. Winners specifically assume an obligation to remain available for promotional participation activities as directed by DraftKings during the post-notification period, with the duration determined unilaterally by DraftKings.
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