By entering any contest or accepting a prize, you agree that you cannot hold DraftKings legally responsible for injuries, losses, or damages you experience in connection with your participation, including during any prize-related activities.
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 broad indemnification covers not just online activities but also physical activities related to prize events, meaning users take on personal legal and financial risk even when traveling to or participating in prize-related events organized by DraftKings.
Interpretive note: The enforceability of this broad release varies by jurisdiction, particularly for personal injury and privacy claims; applicable law may limit the scope of what can be waived by this clause.
If you are injured or suffer a loss while participating in a prize-related activity or traveling to a DraftKings-sponsored event, this clause asserts that you cannot seek compensation from DraftKings, which may limit your practical legal recourse depending on the nature of the harm and applicable law.
How other platforms handle this
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If you're a business user, you will defend and indemnify Google and its affiliates, officers, agents, and employees from all liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or relating to: any allegation or claim that your content or your use of the services ...
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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 DraftKings Terms of Use
REGULATORY LANDSCAPE: Broad pre-dispute liability releases and indemnification clauses in consumer contracts interact with consumer protection law in multiple jurisdictions. Courts in various states have found overly broad indemnification and release clauses unconscionable or unenforceable as applied to personal injury or consumer protection claims. The FTC's authority over unfair or deceptive practices may engage where such clauses are presented in a manner consumers cannot reasonably be expected to understand. GOVERNANCE EXPOSURE: Medium. Broad liability releases are common in contest and sweepstakes agreements, but the extension of this release to physical prize-related activities, travel, and privacy-related claims is notable. The clause's breadth, particularly covering defamation and invasion of privacy claims, goes beyond what some courts have upheld in consumer contracts. JURISDICTION FLAGS: California, New York, and Massachusetts have consumer protection frameworks that may limit the enforceability of pre-dispute liability releases, particularly for personal injury claims. The clause's coverage of privacy and defamation claims may face additional scrutiny in states with strong privacy or right of publicity statutes. CONTRACT AND VENDOR IMPLICATIONS: For prize sponsors, event partners, and affiliated entities named in the released parties definition, the scope of the indemnification creates a potential shield from liability that may affect their own risk allocation in commercial agreements with DraftKings. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the indemnification clause as drafted is enforceable in the jurisdictions where prize events take place, particularly for in-person events. The privacy and publicity rights release should be reviewed against state right of publicity statutes. The separate publicity consent provision in the terms, which requires winner availability for promotional activities, should be assessed together with this indemnification clause for consistency.
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This broad indemnification covers not just online activities but also physical activities related to prize events, meaning users take on personal legal and financial risk even when traveling to or participating in prize-related events organized by DraftKings.
If you are injured or suffer a loss while participating in a prize-related activity or traveling to a DraftKings-sponsored event, this clause asserts that you cannot seek compensation from DraftKings, which may limit your practical legal recourse depending on the nature of the harm and applicable law.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.