DraftKings Sportsbook Terms of Use — New Jersey

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9 of 89 cards in Content & IP Rights

Content & IP Rights · Company practice

Entries become DraftKings property

All entries become DraftKings’ property, and the terms say entries will not be acknowledged or returned.

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All entries become the property of DraftKings and will not be acknowledged or returned.

Content & IP Rights · Permission or license

Entrants consent to publicity use and winners must be available for promotion

Where legal, entrants and winners consent to use of their name, voice, likeness or photograph in developing, producing, distributing or exploiting games or the website. Winners agree to be available for publicity, advertising and promotion from potential-winner notification until DraftKings tells them availability is no longer required.

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Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Game or the Website.
Winners agree that from the date of notification by DraftKings of their status as a potential winner and continuing until such time when DraftKings informs them that they no longer need to do so that they will make themselves available to DraftKings for publicity, advertising, and promotion activities.

Qualifications & exceptions

  • Publicity consent applies where legal.
  • Winner availability lasts from notification until DraftKings releases the requirement.

Content & IP Rights · Restriction or exception

Website content is licensed only for information and personal use

Website content and marks are owned by or licensed to DraftKings. Content is provided as is for information and personal use; other copying, distribution, sale, licensing or exploitation requires the respective owner’s prior written consent. Unexpressed rights are reserved. Personal downloads or printouts must retain copyright and proprietary notices.

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The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to DraftKings, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
DraftKings reserves all rights in and to the Website and the Intellectual Property not expressly granted under the Agreements.
If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.

Qualifications & exceptions

  • Other uses require the respective owner’s prior written consent.
  • Personal copies must retain proprietary notices.
Also annotated in the same passage (1)

Content & IP Rights · Permission or license

User submissions grant a broad sublicensable content license

Providing audio, video, text or other user submissions grants DraftKings, its parents, subsidiaries, affiliates and partners a non-exclusive, worldwide, royalty-free and fully sublicensable license. It includes editing, publishing, distribution, archiving, sale, translation and derivative works, including product development and marketing, across current or future media and technology. Identifying information is included when part of a submission, and you waive moral rights. Deleting a submission ends the general license only after a reasonable deletion period; rights to pre-existing uses continue.

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Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services.
When you provide User Submissions, you grant to DraftKings, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products.
You hereby waive any moral rights you may have in your User Submissions.
If you delete a User Submission from the Services, the Company's general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect.
In addition, if DraftKings made use of your User Submission before you deleted it, DraftKings will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission.

Qualifications & exceptions

  • Identifying information is covered when included in the submission.
  • Deletion ends the general license after a reasonable period, but pre-existing uses survive.

Cross-references

Content & IP Rights · Restriction or exception

Objectionable submissions may lead to account sanctions

Submissions must not include content DraftKings considers inappropriate, obscene, vulgar, unlawful or otherwise objectionable in its sole discretion. Posting such content may lead to suspension or termination, in addition to other remedies.

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In addition, you agree that any User Submissions you submit shall not contain any material that is, in DraftKings' sole and absolute discretion, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content").
Posting of any Prohibited Content, in addition to any and all other rights and remedies available to DraftKings, may result in account suspension or termination.

Qualifications & exceptions

  • DraftKings determines whether content is objectionable.

Content & IP Rights · User right or choice

You keep existing ownership, but deletion does not erase every copy or use

If you owned a submission before providing it, you retain ownership subject to granted rights and others’ access. Deletion ends the general license after a reasonable period, but nonpublic backup copies and third-party copies may remain. DraftKings may continue making, duplicating, redistributing and sublicensing pre-deletion uses. Closing your account does not automatically delete submissions.

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If you owned a User Submission before providing it to DraftKings, you will continue owning it after providing it to DraftKings, subject to any rights granted in the Terms of Use and any access granted to others.
If you delete a User Submission from the Services, the Company's general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect.
However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions.
In addition, if DraftKings made use of your User Submission before you deleted it, DraftKings will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission.
Terminating your Account will not automatically delete your User Submissions.

Qualifications & exceptions

  • Ownership remains subject to the granted license and access rights.
  • Backups, third-party copies and pre-existing licensed uses can survive deletion.

Cross-references

Content & IP Rights · Company practice

DraftKings may remove submissions without notice and need not monitor them

DraftKings may reject or remove submissions without notice. It has no monitoring obligation, and you agree that DraftKings and its listed related entities and personnel are not liable for submissions or resulting loss or damage.

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We may refuse or remove a User Submission without notice to you. However, DraftKings has no obligation to monitor User Submissions, and you agree that neither the Company nor its parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Content & IP Rights · Restriction or exception

You warrant the rights and legality of your submissions

You represent that you have the rights needed to grant the content license and that submissions are not defamatory, do not violate others’ intellectual property, publicity or privacy rights, and do not violate applicable law.

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You represent and warrant that you have all rights necessary to grant to DraftKings the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Cross-references

Content & IP Rights · Restriction or exception

Do not remove or alter website trademarks and proprietary notices

The terms identify DraftKings marks and acknowledge that other marks may belong to their respective owners. You may not remove or alter website trademarks, trade names, product names, logos, copyright or other proprietary notices, legends, symbols or labels.

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DRAFTKINGS AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DRAFTKINGS IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS.
YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.