By entering a contest or accepting a prize, users agree to indemnify DraftKings and its affiliates from all liability, claims, and actions arising from contest participation, prize use or misuse, travel to prize-related activities, and claims based on publicity rights, defamation, or invasion of privacy.
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 provision requires users to hold DraftKings harmless from a broad range of claims arising from contest participation and prize activities, including personal injury, property damage, and privacy-related claims. The indemnification obligation is triggered by contest entry or prize acceptance.
Interpretive note: Enforceability of broad indemnification clauses triggered by contest entry varies by jurisdiction and may be constrained by state consumer protection statutes or unconscionability doctrine.
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 →No material change detected in the excerpt provided; text appears identical.
View full change record →This clause establishes that users who enter a contest or accept a prize agree to release and indemnify DraftKings and its affiliates from all related claims, including those arising from physical injuries, prize misuse, or travel to prize-related events. The indemnification scope includes claims based on publicity rights, defamation, and invasion of privacy.
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"By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless DraftKings, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy.Excerpt from DraftKings's Terms of Use
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This provision requires users to hold DraftKings harmless from a broad range of claims arising from contest participation and prize activities, including personal injury, property damage, and privacy-related claims. The indemnification obligation is triggered by contest entry or prize acceptance.
This clause establishes that users who enter a contest or accept a prize agree to release and indemnify DraftKings and its affiliates from all related claims, including those arising from physical injuries, prize misuse, or travel to prize-related events. The indemnification scope includes claims based on publicity rights, defamation, and invasion of privacy.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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