By entering any FanDuel contest, you give FanDuel and its business partners the right to use your name, photo, voice, and location in advertising and promotions, and you agree that your contest entry itself is full compensation for this use.
This analysis describes what FanDuel'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 clause authorizes FanDuel and third-party business partners to use your personal identity attributes in marketing materials without any additional payment, and states that participating in the contest constitutes complete compensation.
Interpretive note: Enforceability of consent obtained through contest entry terms for right-of-publicity purposes varies by state statute and may require additional written consent in some jurisdictions.
Every contest entry triggers a publicity rights grant covering your name, likeness, voice, location, and photograph, which FanDuel and its business partners may use in marketing across any medium; the agreement asserts this is fully compensated by the act of participation alone.
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"By entering a contest, you consent to FanDuel's and its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other FanDuel contests and FanDuel generally, unless otherwise prohibited by law. FanDuel Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that FanDuel Inc may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of FanDuel or other contests or games operated by FanDuel Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations.— Excerpt from FanDuel's FanDuel Terms of Use
REGULATORY LANDSCAPE: This provision implicates state right-of-publicity statutes, which vary significantly in scope and enforcement across US jurisdictions. California, New York, Illinois, and Tennessee each have distinct statutes governing commercial use of an individual's name, likeness, or voice. The provision's assertion that contest participation constitutes complete compensation may face scrutiny under statutes that impose additional requirements for valid consent to commercial use of identity. GOVERNANCE EXPOSURE: Medium. The extension of the publicity grant to FanDuel's business partners creates a sublicensing dynamic similar to the user content license, potentially allowing third-party marketing use without direct notice to the individual. The clause is broad but common in sweepstakes and contest contexts; enforceability depends on jurisdiction-specific right-of-publicity law. JURISDICTION FLAGS: California's right-of-publicity statute requires informed consent for commercial use of a person's likeness; the adequacy of consent established through contest entry terms may vary by context. Illinois law provides similar protections. New York's statute applies to living persons and requires written consent for commercial use, which may interact with how this clause is structured. CONTRACT AND VENDOR IMPLICATIONS: Business partners receiving the right to use contestant identities in marketing should be identified and their use governed by downstream agreements consistent with applicable right-of-publicity statutes. Legal teams should confirm that partner agreements include appropriate use restrictions and that the scope of permitted commercial use is defined. COMPLIANCE CONSIDERATIONS: Legal review should assess whether the blanket consent embedded in contest entry satisfies the written consent requirements of applicable state right-of-publicity statutes. A review of current marketing campaigns using contestant identities is advisable to confirm compliance with state-specific requirements.
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This clause authorizes FanDuel and third-party business partners to use your personal identity attributes in marketing materials without any additional payment, and states that participating in the contest constitutes complete compensation.
Every contest entry triggers a publicity rights grant covering your name, likeness, voice, location, and photograph, which FanDuel and its business partners may use in marketing across any medium; the agreement asserts this is fully compensated by the act of participation alone.
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