Provision record
DraftKings · DraftKings Terms of Use · View original document ↗

Tax Reporting Consent and Certification

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Document Record

What it is

The agreement requires users to certify under penalty of perjury the accuracy of their taxpayer identification number, backup withholding status, U.S. person status, and any FATCA exemption codes provided. Users consent to receive tax documents including Forms 1099 and W-2G electronically through the player account page.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision imposes a perjury-certified tax certification obligation on users as part of account registration and prize participation, engaging IRS reporting requirements for fantasy sports winnings. The electronic tax document consent governs delivery of Forms 1099 and W-2G, which are required for user income tax reporting.

Recent Activity

This document changed recently

Medium Jul 1, 2026

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 →

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Change history

added Aug 1, 2026

This new provision requires users to certify their tax status and correct taxpayer identification numbers under penalty of perjury, creating legal liability for users regarding tax compliance.

View full change record →

Consumer impact (what this means for users)

Under these terms, users certify their tax status and consent to electronic delivery of tax documents including Forms 1099 and W-2G. Users who do not consent to electronic delivery must notify DraftKings at support@draftkings.com to receive paper copies, and may revoke electronic consent at any time through the same contact.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    To opt out of electronic tax document delivery and receive paper copies, contact DraftKings at support@draftkings.com and state that you do not consent to electronic delivery or wish to revoke your electronic consent. This can be done at any time.

Cross-platform context

See how other platforms handle Tax Reporting Consent and Certification and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
You certify under penalties of perjury that: (i) the taxpayer identification number you provide to DraftKings is correct; (ii) you are not subject to backup withholdings because you are exempt from backup withholding, you have not been notified by the Internal Revenue Service ("IRS") that you are subject to backup withholding as a result of a failure to report all interest or dividends, or the IRS has notified you that you are no longer subject to backup withholding; (iii) you are a United States citizen or other United States person, as defined by the IRS's Instructions for the Requestor of Form W-9; and (iv) any Foreign Account Tax Compliance Act ("FATCA") code(s) you provide to DraftKings (in the event any) indicating that you are exempt from FATCA reporting is correct. You consent to receive any DraftKings related tax information, including, without limitation, Forms 1099 and W-2G (in the event applicable), electronically through your player account page.

Excerpt from DraftKings's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
DraftKings Terms of Use
Entity
DraftKings
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015153
Document ID
CA-D-00348
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ad9ce431c997ae664451a169d97d1a695508b628e258f2470818d55c0d604566
Analysis generated
July 9, 2026 07:16 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: DraftKings
Document: DraftKings Terms of Use
Record ID: CA-P-015153
Captured: 2026-07-09 07:16:34 UTC
SHA-256: ad9ce431c997ae66…
URL: https://conductatlas.com/platform/draftkings/draftkings-terms-of-use/provision/CA-P-015153/tax-reporting-consent-and-certification/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does DraftKings's Tax Reporting Consent and Certification clause do?

This provision imposes a perjury-certified tax certification obligation on users as part of account registration and prize participation, engaging IRS reporting requirements for fantasy sports winnings. The electronic tax document consent governs delivery of Forms 1099 and W-2G, which are required for user income tax reporting.

How does this clause affect you?

Under these terms, users certify their tax status and consent to electronic delivery of tax documents including Forms 1099 and W-2G. Users who do not consent to electronic delivery must notify DraftKings at support@draftkings.com to receive paper copies, and may revoke electronic consent at any time through the same contact.

Is ConductAtlas affiliated with DraftKings?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.