Legal Rights & Agreement Rules · Restriction or exception
Game entry or prize acceptance includes a broad release and indemnity
Entrants, not only winners, agree to indemnify, release and hold harmless DraftKings and the defined Released Parties for claims connected with game participation, prizes and prize-related activity or travel, including publicity, defamation and privacy claims. The protected group includes parents, affiliates, agents, promotion partners, service providers and their listed personnel. DraftKings may also require a separate release before a prize or payout.
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By entering into a Game 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, advertising and promotion partners, and service providers, 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 Game, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy.
DraftKings may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
Qualifications & exceptions
Triggered by game entry or prize acceptance.
Legal Rights & Agreement Rules · Restriction or exception
DraftKings disclaims responsibility for entry and system failures
DraftKings disclaims responsibility for incorrect entry information, human or postal errors, outages, technical failures, inaccessible pages, tampered or stolen entries, lost or late data and printing errors. It includes computer or video-equipment damage connected with participation and incomplete, illegible or misdirected entries.
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DraftKings is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages;
including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Game; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
DraftKings is not responsible for incomplete, illegible, misdirected or stolen entries.
Legal Rights & Agreement Rules · Restriction or exception
Deliberately damaging the site can prompt legal remedies
The terms characterize deliberate damage to the website or undermining a game’s legitimate operation as violating criminal or civil laws and reserve DraftKings’ right to seek damages and other remedies to the fullest extent permitted by law. This states the contract’s warning, not a determination that a particular act is unlawful.
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ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DRAFTKINGS RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Qualifications & exceptions
Remedies are limited to those permitted by law.
Legal Rights & Agreement Rules · Context
The terms warn against allowing under-21 wagering
DraftKings states that regulation requires it to warn users that allowing someone under 21 to participate in internet or mobile wagering is a criminal offense.
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DraftKings is required by regulation to indicate to you that it is a criminal offense to allow a person who is under twenty one (21) years of age to participate in Internet or mobile wagering.
Legal Rights & Agreement Rules · Restriction or exception
The site is supplied as is without performance or security warranties
The website, content, software and functions are provided as is, as available and with all faults. To the fullest extent permitted by law, DraftKings and its related companies disclaim warranties about the site, messages, offered products and services and sensitive-information transmission security. They do not promise uninterrupted or error-free operation, corrected defects or virus-free servers. A later sentence acknowledges that applicable jurisdictions may limit warranty disclaimers.
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THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON OR PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE SENT BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THE AGREEMENTS.
Qualifications & exceptions
Disclaimers are limited by applicable law; the source expressly recognizes jurisdictional limits.
Legal Rights & Agreement Rules · Restriction or exception
You warrant that your use is lawful wherever you access the site
DraftKings disclaims any warranty that using the site is lawful in a particular jurisdiction. You use it at your own risk and represent that your activities are lawful in every jurisdiction where you access or use the site or content. This does not expand the New Jersey service-location permission.
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THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT.
Legal Rights & Agreement Rules · Restriction or exception
Additional warranty and website-use liability disclaimers include a legal caveat
DraftKings and related companies disclaim noninfringement, merchantability, fitness and title warranties. The next paragraph disclaims liability for website use, content and errors, then says some jurisdictions restrict warranty disclaimers and that its preceding sentence may not apply where such law governs. The text mixes liability and warranty wording; it does not establish which exclusions would be legally effective in a particular case.
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FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSOR AND ASSIGNS OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE PRECEDING SENTENCE MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THE AGREEMENTS.
Qualifications & exceptions
Applicable jurisdictional limits may restrict the disclaimer.
Not stated here
The source’s reference to its preceding sentence does not clearly distinguish the liability disclaimer from warranty exclusions.
Legal Rights & Agreement Rules · Restriction or exception
The terms broadly exclude website-related damages and state a $100 cap
The Company Entities and Individuals—DraftKings, related companies and their listed personnel and successors—exclude losses connected directly or indirectly with the site, content, uploads, use or inability to use, investigations, copyright-owner actions and technical errors, even for foreseeable losses or negligence. The clause also excludes injury, including death, and states a $100 total-liability cap. It acknowledges that some applicable state laws restrict incidental or consequential damage exclusions; this is a description of the clause, not a finding of enforceability.
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Supporting quotations
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS, OR ASSIGNS OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING SENTENCE MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THE AGREEMENTS.
IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
Qualifications & exceptions
The text recognizes applicable state-law restrictions on incidental or consequential damage exclusions.
Cross-references
contrast (model-proposed): You must defend and indemnify DraftKings against specified third-party claims — The company’s liability clause seeks broad exclusions and a $100 cap, while the user separately undertakes third-party indemnity and defense obligations. The text does not extend the company’s cap to that indemnity.
Legal Rights & Agreement Rules · Restriction or exception
Equipment damage and technical failures are placed at the user’s risk
The Company Entities and Individuals disclaim responsibility for damage to computers, hardware, software and other technology, including damage from security breaches, malware, tampering, fraud, interruptions, network failures and other technical malfunctions. The terms state that access and use are at your risk.
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Supporting quotations
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK.
Legal Rights & Agreement Rules · Restriction or exception
For dissatisfaction, the clause makes stopping use the exclusive remedy
The liability clause says that if you are dissatisfied with the site or its content, your sole and exclusive remedy is to stop accessing and using it. This addresses dissatisfaction and does not erase the separately stated account-complaint and withdrawal procedures.
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IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT.
Qualifications & exceptions
Applies to dissatisfaction with the website or its content.
Legal Rights & Agreement Rules · Restriction or exception
The terms seek to restrict injunctions against DraftKings properties
You agree that injury from the company’s acts or omissions is not irreparable or sufficient for an injunction preventing exploitation of company websites, property or uploaded information. The provision states that you have no rights to restrain development, production, distribution, advertising, exhibition or exploitation of company property. It does not determine whether a court would enforce that restriction.
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YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES SUCCESSORS AND/OR ASSIGNS OR ANY INFORMATION UPLOADED BY YOU, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY.
Legal Rights & Agreement Rules · Restriction or exception
The waiver expressly extends to unknown or unsuspected claims
By accessing the site, you acknowledge possible waiver of unknown or unsuspected claims and agree to waive laws that would otherwise limit that waiver, including California Civil Code Section 1542 to the extent applicable. The cited statute’s text is not supplied, and the card does not determine the waiver’s enforceability.
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BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Qualifications & exceptions
The named California statute is invoked only to the extent applicable.
Not stated here
The external statute’s text and the waiver’s legal effectiveness are not established here.
Agreement and website disputes must go to Hudson County courts
Proceedings about agreements, breach or website use, including commercial transactions, have exclusive venue and jurisdiction in competent courts sitting in Hudson County, New Jersey. Both parties waive objections to personal jurisdiction and to the forum’s appropriateness or convenience.
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The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the Agreements, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (together "Claims") shall be the courts of competent jurisdiction sitting within Hudson County, New Jersey (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient.
Qualifications & exceptions
Applies to the defined agreement and website Claims.
Cross-references
qualified by (model-proposed): Filing outside the agreed forum can shift enforcement costs — Bringing a covered proceeding outside the agreed forum triggers reasonable costs of enforcing the forum clause, not a general prevailing-party fee rule.
Legal Rights & Agreement Rules · Restriction or exception
Both parties waive jury trial for covered claims
You and DraftKings waive all jury-trial rights for Claims arising from the agreements, their breach or website use, including website commercial transactions.
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Supporting quotations
You and DraftKings waive any and all rights to trial by jury with respect to any Claims.
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to the Agreements, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (together "Claims") shall be the courts of competent jurisdiction sitting within Hudson County, New Jersey (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient.
Qualifications & exceptions
Limited to the defined agreement and website Claims.
Legal Rights & Agreement Rules · Restriction or exception
Filing outside the agreed forum can shift enforcement costs
If either party starts a covered Claim proceeding outside the agreed Hudson County forum, the other party is entitled to reasonably incurred attorney fees and expenses for enforcing the agreement and forum choice. This is tied to enforcing the forum requirement, not every dispute’s winner.
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In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
Qualifications & exceptions
Triggered by bringing a covered proceeding outside the agreed forum.
The Terms of Use select New Jersey’s internal substantive law and exclude its conflict-of-laws principles.
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Supporting quotations
These Terms of Use shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles.
Legal Rights & Agreement Rules · Restriction or exception
Third parties receive rights only where expressly provided
The agreements do not confer rights or benefits on third parties except where specifically stated. Express protections for specified related entities elsewhere are therefore not ruled out by this clause.
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Supporting quotations
Nothing in the Agreements shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
Qualifications & exceptions
Expressly provided third-party rights are preserved.
Legal Rights & Agreement Rules · Restriction or exception
You must defend and indemnify DraftKings against specified third-party claims
Using the website or services obliges you to indemnify, protect, defend and hold harmless DraftKings and its defined related entities and personnel against third-party claims connected with website use, agreement breaches, payment methods, account funding or service participation. Covered amounts include losses, judgments and reasonable attorney fees, court costs and other legal expenses, including appeals and insolvency proceedings. This is distinct from the separate game-and-prize release.
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By participating in the Services or using the Website, you agree to indemnify, protect, defend and hold harmless DraftKings, its parents, subsidiaries, affiliates and divisions, and the directors, officers, employees, agents, representatives, successors and assigns of any of the foregoing (the "DraftKings Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Website, your breach of the Agreements, any payment methods used, any funding of your Account, and/or your participation in any Services.
Qualifications & exceptions
Concerns third-party claims connected with the listed activities.
Cross-references
contrast (model-proposed): The terms broadly exclude website-related damages and state a $100 cap — The company’s liability clause seeks broad exclusions and a $100 cap, while the user separately undertakes third-party indemnity and defense obligations. The text does not extend the company’s cap to that indemnity.
Legal Rights & Agreement Rules · Restriction or exception
Linked third-party sites carry separate risks and policies
DraftKings says it does not own or control linked third-party websites and accepts no responsibility for their content, privacy policies or practices; it cannot and will not censor or edit them. By using the site, you release the defined DraftKings Entities from liability arising from third-party-site use. The terms encourage reviewing those sites’ own terms and privacy policies.
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The Website may contain links to third party websites that are not owned or controlled by DraftKings. DraftKings has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DraftKings will not and cannot censor or edit the content of any third party site.
By using the Website, you expressly relieve the DraftKings Entities from any and all liability arising from your use of any third party website.
Accordingly, DraftKings encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
The agreement creates no partnership, agency or fiduciary relationship
The agreements state that they do not create a partnership, agency, trust, fiduciary relationship or joint venture between you and DraftKings.
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Nothing in the Agreements shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and DraftKings.
Legal Rights & Agreement Rules · Restriction or exception
Referring third parties disclaim responsibility for the website
Third parties that refer users to DraftKings’ website are not responsible or liable under this clause for the website or its content, software or functions.
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Supporting quotations
Third parties that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, or accessed through, or sent from, the Website.
Legal Rights & Agreement Rules · Restriction or exception
Non-enforcement does not waive later enforcement
A waiver of one term is not a further or continuing waiver of it or another term. DraftKings’ failure to assert a right or provision does not waive that right or provision.
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No waiver of any term of the Agreements shall be deemed a further or continuing waiver of such term or any other term, and DraftKings' failure to assert any right or provision under the Agreements shall not constitute a waiver of such right or provision.
Legal Rights & Agreement Rules · Procedure
DraftKings can amend agreements without notice; continued use accepts changes
DraftKings reserves the right to amend the agreements at any time without notice. You are responsible for reviewing changes, and using the website or services after amendment constitutes acceptance of all changes.
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DraftKings reserves the right to amend the Agreements at any time without notice, and it is your responsibility to review the Agreements for any changes. If you continue to use the Services or Website after the Company amends the Agreements, you accept all changes.
Qualifications & exceptions
Acceptance is tied to continued use after amendment.
Legal Rights & Agreement Rules · Restriction or exception
Failures caused by events outside DraftKings’ control are excused
DraftKings’ failure to comply with an agreement provision is not considered a breach if caused by something beyond its control. Examples include government, judicial or regulatory action, war, emergencies, natural disasters, epidemics or pandemics and labor disputes; the list is non-exhaustive.
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The failure of DraftKings to comply with any provision of the Agreements due to any cause beyond DraftKings' control including, without limitation, acts of God, acts of government, executive or judicial action, acts of a competent regulatory authority, war or national emergency, riots, civil commotion, fire, explosion, flood, lightning, extremely severe weather, epidemic, pandemic, lock-outs, strikes, or other industrial disputes will not be considered a breach of the Agreements.
Qualifications & exceptions
The failure must be due to a cause beyond DraftKings’ control.
These terms cover New Jersey sportsbook and casino services
Crown NJ Gaming Inc. operates the linked website. These terms cover its sports betting, online gaming, and other website services while you are physically in New Jersey.
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Crown NJ Gaming Inc. ("DraftKings" or the "Company") owns and operates the website that links to these Terms of Use (the “Website”).
DraftKings is pleased to offer you access to the Website and the ability to participate in the sports betting, online gaming, and other content, products, services, and promotions (collectively the "Services") made available from the Website while you are physically located in the State of New Jersey
Additional betting and disconnection rules are incorporated
The General Betting Rules, Sport Specific Rules and applicable in-game casino and promotion agreements form the Rules and Scoring and are incorporated along with amendments. Poker and other services have separate incorporated Player Disconnection Policies; the latter expressly excludes poker. The source also points to a separate Privacy Notice. Those linked policies are not supplied here.
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The Rules and Scoring are hereby incorporated by reference in these Terms, including any amendments made to the Rules and Scoring.
The Player Disconnection Policies are incorporated by reference in these Terms, including any amendments made to the Player Disconnection Policies.
subject to these Terms of Use (the "Terms of Use", or "Terms"), our privacy notice (the "Privacy Notice") available by clicking here, the General Betting Rules (including the Market Rules and Sport Specific Limits) available at https://sportsbook.draftkings.com/help/general-betting-rules/general-rules; the Sport Rules available at https://sportsbook.draftkings.com/help/sport-rules/athletics; and the DraftKings Gaming Agreements for the applicable casino games and promotions available within the individual games by clicking on Options > Rules (the General Betting Rules, Sport Specific Rules, and DraftKings Gaming Agreements, collectively, the "Rules and Scoring", and the Rules and Scoring together with the Terms of Use, the "Agreements").
Legal Rights & Agreement Rules · Restriction or exception
The mobile app is covered and these terms take priority over conflicting EULA terms
The agreements also apply to the Sportsbook Mobile Application while you are physically in New Jersey. Website references include the app. These terms supplement the linked End User License Agreement and prevail over any conflicting EULA provision.
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The Agreements shall also apply to the use of the DraftKings Sportsbook Mobile Application ("Mobile Application") while you are physically located in the State of New Jersey.
to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable.
Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.
Qualifications & exceptions
Applies while physically in New Jersey.
Not stated here
The linked EULA is not supplied.
Legal Rights & Agreement Rules · Procedure
Using the site or registering accepts agreements that continue after termination
Accessing or using the website, registering, or accepting, uploading, submitting or downloading content constitutes acceptance. The agreements say they continue to apply to your website and service use after termination; users who do not agree are told not to use them.
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You agree to the Agreements by accessing or using the Website, registering for the Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website.
The Agreements constitute a legal agreement between you and DraftKings, and shall apply to your use of the Website and the Services even after termination.