DraftKings can change these terms at any time, and simply continuing to use the platform counts as your agreement to whatever the new terms say.
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
This means the rules governing your account, your rights, and DraftKings' obligations to you can change without requiring your explicit agreement, which makes it difficult to rely on the terms as you understood them when you signed up.
Interpretive note: The enforceability of modification by continued use, particularly for material changes to arbitration or financial terms, may vary by jurisdiction and has been subject to litigation in several US courts.
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 →The removal of this explicit unilateral modification clause is significant as it may indicate incorporation of this right into other provisions or a shift in how terms changes are governed.
View full change record →Material changes to the terms, including changes to arbitration, fees, eligibility, or withdrawal rights, could take effect without your affirmative consent simply because you continue using DraftKings, which may catch users off guard particularly if notice is not prominently communicated.
How other platforms handle this
You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.
telemetry information collected includes: (i) microservice settings, (ii) usage data and (iii) hardware environment.
Some of our ad partners may also enable us to collect similar data directly from their website or app by integrating our or our affiliates' advertising technology.
"DraftKings reserves the right to change the Terms of Use and other guidelines and rules posted on the Website from time to time in its sole discretion. Your continued use of the Website, or any other DraftKings Services, after such notice has been provided constitutes your agreement to the changes.Excerpt from DraftKings's Terms of Use
REGULATORY LANDSCAPE: Unilateral modification clauses that deem continued use as acceptance have faced regulatory scrutiny, particularly in the EU under GDPR and the Unfair Contract Terms Directive, but also in US jurisdictions under FTC consumer …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This means the rules governing your account, your rights, and DraftKings' obligations to you can change without requiring your explicit agreement, which makes it difficult to rely on the terms as you understood them when you signed up.
Material changes to the terms, including changes to arbitration, fees, eligibility, or withdrawal rights, could take effect without your affirmative consent simply because you continue using DraftKings, which may catch users off guard particularly if notice is not prominently communicated.
ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.