DraftKings Sportsbook Terms of Use — New Jersey

DraftKings · Official agreement

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Account & Service Control · Restriction or exception

Account sharing and proxy betting are prohibited

You cannot access another person’s account even with consent, let others use yours, bet for another person, or access another account’s betting information. If DraftKings believes this is happening for any reason, it may suspend or terminate accounts, cancel pending bets and withhold or revoke winnings and prizes.

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Supporting quotations

You may not use or access any other person's Account, with or without their consent, or allow anyone else to access or use your Account, including, without limitation, placing a bet through the Services on behalf of another individual, using another person's Account to place bets, and/or accessing the betting or Account information of another person's Account.
In the event DraftKings believes, for any reason, that you are allowing another person to access and/or use your Account, or that you are using or accessing any other person's Account, in addition to any other rights and remedies that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your Account(s), cancel any of your pending bets, and/or terminate, withhold, or revoke any winnings and prizes awarded to you.

Qualifications & exceptions

  • Sanctions depend on DraftKings believing an account-sharing violation occurred.
Also annotated in the same passage (1)

Security & Safeguards · Procedure

Report suspected unauthorized account use immediately

If you believe someone is using your account without permission, the terms direct you to contact DraftKings immediately through its contact-us page. DraftKings disclaims loss or damage resulting from your failure to notify it.

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Supporting quotations

If you have reason to believe that someone is using your Account without your permission, you should contact DraftKings immediately
DraftKings is not responsible for any loss or damage resulting from your failure to notify DraftKings of unauthorized use of your Account.
Also annotated in the same passage (2)

Account & Service Control · Procedure

Registration details must be accurate and kept updated

If DraftKings requests registration information, you must provide accurate, complete information and update changes. Contact information can be edited in your account or changed by emailing support@draftkings.com.

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Supporting quotations

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
In order to update your contact information you may edit it within your Account or request changes by emailing DraftKings

Qualifications & exceptions

  • Applies when registration information is requested.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Dormant account balances can be zeroed, but the timing is unclear

An account may be deemed dormant after 12 months without logging in. DraftKings says it will email the registered address stating that the balance will be set to zero 30 days after notice, but the same paragraph says balances are zeroed at 24 months of inactivity if the account remains dormant. The text does not reconcile these timelines.

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Supporting quotations

Your Account may be deemed 'Dormant' if you have not logged in for a period of twelve (12) months. DraftKings will provide email notice to the email address registered to the Account, advising that the Account balance will be set to zero at thirty (30) days from the notice. If the Account remains dormant, at twenty-four (24) months of inactivity, the Account balances are zeroed out.

Qualifications & exceptions

  • Account must remain dormant for the stated 24-month zeroing rule.

Not stated here

  • The relationship between the 30-day notice and 24-month inactivity timelines is not explained.

Charges & Financial Obligations · Restriction or exception

Your payment method must belong to the authorized account holder

The authorized account holder is the natural person aged 21 or older assigned the registration email address by the responsible provider or organization. Entering a payment method affirms lawful ownership of its account; using someone else’s payment method violates the terms. DraftKings may reject any deposit for any or no reason.

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Supporting quotations

"Authorized Account Holder" is defined as the natural person twenty-one (21) years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website.
By inputting a payment method on the Website, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website.
It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
DraftKings may refuse to accept any deposit in DraftKings sole and absolute discretion, for any reason or no reason.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

A chargeback forfeits the related winnings and bonuses

Winnings, rewards, credits, bonuses and promotional offers generated in connection with a charged-back deposit are invalidated, forfeited and deducted from your account.

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Supporting quotations

In the event any of your deposits are charged back, any winnings, rewards, credits, and/or other bonuses or promotional offers generated in connection with the charged back deposit shall be invalidated, forfeited by you, and deducted from your Account balance.

Qualifications & exceptions

  • Only benefits generated in connection with the charged-back deposit.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

Failed deposits can lead to fees, account closure and collection

If your deposit is cancelled or fails to clear for any reason, you agree to forfeit it. DraftKings may deduct or invalidate it, impose a service charge, suspend or close the account and recover funds through other appropriate means, including a collection agency with which it shares personal information. The terms warn of possible credit-rating effects and require reimbursement of reasonable related claims, fees, fines, penalties, costs and expenses, including collection expenses.

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Supporting quotations

In the event that any deposit made by you is canceled or does not clear for any reason, including, without limitation, a charge back or not being honored by your financial institution, you agree to forfeit such deposit, and DraftKings may and reserves the right to: (i) invalidate and/or deduct the deposit amount from your Account; (ii) charge you a service charge or debit such service charge from your Account; (iii) suspend and/or close your Account; and/or (iv) recover the funds using any other appropriate means, including, without limitation, utilizing a collection agency (that DraftKings will need to share your personal information with), which may have a detrimental impact on your credit rating.
You are responsible for and agree to reimburse DraftKings for any and all reasonable claims, fees, fines, penalties, costs, and related expenses associated with any canceled or charged back deposits, including, without limitation, any fees or expenses related to a collection agency engaged by DraftKings.

Qualifications & exceptions

  • Triggered by a cancelled or uncleared deposit.
  • Reimbursement covers reasonable related amounts.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

Employees and their resident family members cannot use the services

DraftKings employees, officers and directors cannot use the services. The ban also covers their domestic partners and relatives residing at the same residence, including the listed family relationships.

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Supporting quotations

DraftKings employees, officers, and directors ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner or relative of such person who resides at such person's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) of Employees are not permitted to use the Services.

Qualifications & exceptions

  • Family restriction uses the defined residence-based Immediate Family Member scope.

Cross-references

Account & Service Control · Restriction or exception

Sports insiders face sport-specific wagering restrictions

Professional or amateur athletes, agents, coaches, owners, team employees, referees, league officials and their immediate families cannot enter DraftKings games in their associated sport. Those among these people who are not prohibited from wagering must nevertheless register with the New Jersey Division of Gaming Enforcement before wagering on a sports event. Account holders cannot register for someone else or for anyone legally barred from registration or games.

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Supporting quotations

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any DraftKings Games in the sport in which they are associated.
Any of the foregoing individuals who is not prohibited from wagering on a sports event shall, nevertheless, register with the New Jersey Division of Gaming Enforcement prior to placing a wager on a sports event.
An Authorized Account Holder shall not register an account on behalf of another individual or for any other person who is otherwise prohibited by applicable law to register an account or play in any Games.

Qualifications & exceptions

  • Sports participation ban applies to the sport with which the individual is associated.
  • Registration requirement applies even when an identified person is not prohibited from wagering.

Charges & Financial Obligations · Procedure

Completing game entry debits the listed dollar amount

The website displays available betting markets and casino games. When you choose to participate and complete entry, the listed US dollar amount is taken from your DraftKings account.

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Supporting quotations

When you select to participate in a Game and complete the entry process, the listed amount of U.S. dollars will be debited from your DraftKings Account.

Qualifications & exceptions

  • Debit occurs after completing entry.

Charges & Financial Obligations · Context

Fees are described in an incorporated poker page

The terms say all service fees and charges are explained on the linked how-to-play-poker page, and incorporate that page and its amendments. This source does not supply that page or the fee amounts.

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Supporting quotations

All fees and charges imposed on you in connection with your use the Services are fully explained in our page available at https://poker.draftkings.com/lp/how-to-play-poker, which is incorporated herein by reference, including any amendments thereto.

Not stated here

  • Fee amounts and the content of the linked poker page are not supplied.

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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Supporting quotations

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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Supporting quotations

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.
Also annotated in the same passage (1)

Account & Service Control · Company practice

Disrupted games may be changed or cancelled and wagers voided

If a game cannot run as planned, proper entry fails, or DraftKings believes corruption, fraud, technical issues or other causes affect its administration, security or fairness, it may disqualify implicated individuals, void wagers or cancel, terminate, extend, modify or suspend the game. It promises a website notice for cancellation, termination, modification or suspension. Cancellation generally returns entry fees to the account, except as specifically provided in the agreements.

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Supporting quotations

If for any reason a Game is not capable of running as originally planned, or if a Game, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Game in accordance with the Agreements or applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DraftKings corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Game, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action, to void wagers, and/or to cancel, terminate, extend, modify or suspend the Game.
If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
In the event of a cancellation, all entry fees will be refunded to the Account except as specifically provided in the Agreements.

Qualifications & exceptions

  • Entry-fee refunds remain subject to specific agreement exceptions.

Not stated here

  • The linked Rules are not supplied here; their additional exceptions cannot be described.
Also annotated in the same passage (3)

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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Supporting quotations

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.

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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Supporting quotations

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

Data Access & Collection · Procedure

Identity and eligibility checks may require additional documents

The authorized account holder—the person 21 or older assigned the registration email—may have to provide additional documents or information proving identity and all eligibility requirements before game entry or prizes. In a dispute, DraftKings may use collected information at its sole discretion to verify identity or eligibility.

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Supporting quotations

To be eligible to enter any Game or receive any prize, the Authorized Account Holder may be required to provide DraftKings with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met.
In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, DraftKings will, in its sole and absolute discretion, utilize certain information collected by DraftKings to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
"Authorized Account Holder" is defined as the natural person twenty-one (21) years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website.

Qualifications & exceptions

  • Additional evidence may be required for entry or prizes.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

Noncompliance results in disqualification and possible prize forfeiture

Participation must follow the agreements. The terms state that failure to comply will result in disqualification and, where applicable, forfeiture of prizes.

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Supporting quotations

Participation in each Game must be made only as specified in the Agreements. Failure to comply with the Agreements will result in disqualification and, if applicable, prize forfeiture.

Qualifications & exceptions

  • Prize forfeiture applies where applicable.

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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Supporting quotations

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.

Charges & Financial Obligations · Company commitment

Cancelled games generally return entry fees

Prizes are awarded only if a game runs. DraftKings reserves the right to cancel games at any time or void wagers. On cancellation it promises to refund all entry fees to the account, except as specifically provided in the agreements. This is a specific refund provision alongside the general no-refunds policy.

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Supporting quotations

Prizes will only be awarded if a Game is run. We reserve the right to cancel Games at any time or to void any wagers. In the event of a cancellation, all entry fees will be refunded to the Account except as specifically provided in the Agreements.

Qualifications & exceptions

  • Refund is to the account and subject to specific agreement exceptions.

Not stated here

  • Additional exceptions in unsupplied incorporated agreements cannot be described.

Cross-references

Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

Payments are generally final, with a game-cancellation refund provision

Deposits appear on statements as DRAFTKINGS. The refund policy says all payments are final and no refunds will be issued. A separate game-cancellation provision promises entry-fee refunds to the account, except as specifically provided in the agreements; the general policy should be read with that provision.

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Supporting quotations

Deposits made on the Website will appear on your statement as DRAFTKINGS. All payments are final. No refunds will be issued.
In the event of a cancellation, all entry fees will be refunded to the Account except as specifically provided in the Agreements.

Qualifications & exceptions

  • Cancelled games have a specific entry-fee refund provision, subject to agreement exceptions.

Not stated here

  • Additional exceptions in unsupplied incorporated agreements cannot be described.

Cross-references

Also annotated in the same passage (2)

Account & Service Control · Procedure

A disputed entry is attributed to the registered account name

If the identity of the person submitting an entry is disputed, the terms treat the entry as submitted by the person in whose name the account is registered. This attribution rule does not authorize account sharing.

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Supporting quotations

In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Account was registered.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

DraftKings can disqualify entries and reclaim prizes for improper play

Entering a game binds entrants to the agreements and DraftKings’ final, binding decisions. DraftKings may disqualify entrants, void wagers, suspend or terminate accounts, withhold benefits or prizes, or demand their return when it deems conduct or use of information improper, unfair, adverse to the game or detrimental to other entrants. The listed improper conduct is non-exhaustive. Forfeiting or returning a prize does not prevent criminal or civil proceedings.

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Supporting quotations

By entering a Game, entrants agree to be bound by the Agreements and the decisions of DraftKings, which shall be final and binding in all respects.
The Company, at its sole discretion, may disqualify any entrant from a Game, void wager(s), suspend or terminate your Account, refuse to award benefits or prizes, and/or require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Game or is in any way detrimental to other entrants.
In addition, conduct that would be deemed improper also includes, but is not limited to:
You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftKings from pursuing criminal or civil proceedings in connection with such conduct.

Qualifications & exceptions

  • Triggered by conduct or information DraftKings deems improper or detrimental.
Also annotated in the same passage (3)

Account & Service Control · Restriction or exception

Gaming-operator employees and resident family members are excluded

The participation exclusions cover DraftKings employees, officers and directors and their immediate families, as well as employees or operators of any online gaming operator site and their immediate families. Immediate Family Member means a domestic partner or relative residing with the person.

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Supporting quotations

The Agreements prohibit entering a Game or using the Services if the entrant is:
An Employee of the Company or an Immediate Family Member of such Employee;
An employee or operator of any online gaming operator site including any that charges entrance fees or offers prizes, or any Immediate Family Member of any such person;
DraftKings employees, officers, and directors ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner or relative of such person who resides at such person's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) of Employees are not permitted to use the Services.

Qualifications & exceptions

  • Family-member scope depends on the residence-based definition.

Cross-references

Also annotated in the same passage (3)

Account & Service Control · Restriction or exception

Nonpublic advantageous information can make you ineligible

You cannot enter games or use the services if you have or have had access to nonpublic information unavailable to other entrants that gives you a game advantage, including pre-release gaming or sports-body information. The exclusion also covers employees of sponsors, consultants or suppliers of DraftKings or another game provider who have such data or another participation advantage, and entrants knowingly receiving advantageous nonpublic information from a prohibited entrant.

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Supporting quotations

The Agreements prohibit entering a Game or using the Services if the entrant is:
Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants of a Game and that provides the entrant an advantage in such a Game, including any information from any gaming site or information from a sports governing body (e.g., pre-release injury information) ("Pre-Release Data");
An employee of a sponsor, consultant, or supplier of the Company or any other Game provider that has access to Pre-Release Data or otherwise receives an advantage in the entrant's participation in a Game;
Any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Game from any person who is prohibited from entering a Game as provided in these Terms.

Qualifications & exceptions

  • Information must provide a game advantage under these exclusions.
Also annotated in the same passage (3)

Account & Service Control · Restriction or exception

Outside participation restrictions also bar entry

The terms prohibit participation contrary to law, regulation or court order, or to the entrant’s employer, sports-body or professional-body rules, including prize acceptance rules. They also bar sports-governing-body employees, operators or consultants from games that their governing body prohibits them from entering.

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Supporting quotations

The Agreements prohibit entering a Game or using the Services if the entrant is:
An employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Games by such governing body;
In breach of any rules or policies of the entrant's employer, of any sports governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Games or accepting prize money;
Any person prohibited from participating pursuant to law, regulation, or court order; or
Also annotated in the same passage (3)

Security & Safeguards · Restriction or exception

False information and fraudulent payment use are improper conduct

Improper conduct includes falsifying information needed for account creation, game entry or prizes and any fraud, including unauthorized credit-instrument use to enter games or claim prizes. These acts fall under the participation sanctions.

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Supporting quotations

Falsifying personal information required to create an Account, enter a Game, or claim a prize;
Engaging in any type of fraud including, without limitation, unauthorized use of credit instruments to enter a Game or claim a prize;

Account & Service Control · Restriction or exception

Collusion and coordinated multiple-account play are prohibited

Improper conduct includes using or attempting to use the services collectively or in collusion, such as coordinated bets on the same event or sharing cards in poker or live-dealer games. It also includes using two or more accounts for a game or otherwise collaborating with others to participate.

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Supporting quotations

Using or attempting to use the Services or Website to act collectively with or collude with one or more other individuals, including, without limitation, working collectively to place a series of bets on the same game, match, or event or sharing the cards you are holding in your hand in any poker or live dealer game;
Using two (2) or more Accounts to participate in a Game or otherwise collaborating with others to participate in any Game;

Account & Service Control · Restriction or exception

Automated interaction and live game assistance are barred

Improper conduct includes bots, scripts, AI, scrapers or other automated tools interacting with the site, including collecting content, placing bets, entering poker or live-dealer games or automating decisions. While playing poker or live-dealer games, AI or player-assistance tools and real-time advice, assistance, automation or direction are also barred.

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Supporting quotations

Using automated means including, without limitation, bots, scripts, artificial intelligence, programs, parser, spiders, screen scrapers tools, or applications, to interact with the Services or Website, including, without limitation, collecting any information or content from the Services or Website, automatically placing bets or wagers, automatically entering any poker or live dealer Game, or automation of game play decisions;
Using any artificial intelligence or player assistance software or tools or receiving real time advice, assistance, automation, or direction while participating in any poker or live dealer Game;

Qualifications & exceptions

  • The real-time advice and player-assistance restriction specifically addresses poker and live-dealer games.

Account & Service Control · Restriction or exception

Promotion abuse, tampering, spam and other misuse are improper

The non-exhaustive misconduct list includes bonus, referral and other promotion abuse; tampering with game administration, programs or security; obtaining other entrants’ information or spamming them; violations of the Rules or Terms; and any other website or service abuse.

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Supporting quotations

Any violation of Rules or the Terms of Use;
Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
Obtaining other entrants information and/or spamming other entrants; or
Abusing the Website or Services in any way.

Not stated here

  • The incorporated Rules are not supplied here, so their detailed requirements cannot be described.

Charges & Financial Obligations · Restriction or exception

Winners are responsible for prize taxes

All taxes associated with receiving a prize are the winner’s sole responsibility.

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Supporting quotations

All taxes associated with the receipt of any prize are the sole responsibility of the winner.
Also annotated in the same passage (2)

Retention & Deletion · Company commitment

Tax forms are delivered electronically and accessible for at least seven years

You consent to electronic delivery of DraftKings tax information, including Forms 1099 and W-2G. DraftKings says it will securely host it in the player account for at least seven calendar years following the relevant year, as downloadable PDFs readable and printable with standard PDF software. Consent continues until withdrawn.

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Supporting quotations

You consent to receive your DraftKings related tax information, including, without limitation, Forms 1099 and W-2G, electronically, which information will be securely hosted by DraftKings and accessible by you through your player account page for at least seven (7) calendar years following the year to which the information relates.
Your consent to receive tax information electronically will be effective until withdrawn.
Your electronic tax information will be furnished on a downloadable PDF, which you should be able to access and print using a standard PDF reader (such as Adobe Acrobat Reader) on a computer or mobile device.

Qualifications & exceptions

  • Seven-year minimum runs after the year to which the information relates.
  • Electronic delivery consent can be withdrawn.
Also annotated in the same passage (2)

Account & Service Control · User right or choice

Paper tax copies and withdrawal of electronic consent are separate choices

Contact support@draftkings.com if you cannot access tax information or want a paper copy. A paper-copy request alone does not revoke electronic delivery consent. If you do not consent, notify DraftKings for paper delivery; you can revoke consent at any time through support for future tax information in paper form. Contact details can be edited in the account or through support.

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Supporting quotations

You may contact DraftKings at support@draftkings.com if you cannot access your electronic tax information or to request a paper copy of your tax information. Requesting a paper copy of your tax documents will not be considered a withdrawal of your consent for paperless delivery.
In the event you do not consent to receive your tax information electronically, you must notify DraftKings at support@draftkings.com, and a paper copy will be provided.
If you wish to revoke your consent to receive your tax information electronically, you may do so at any time by contacting DraftKings at support@draftkings.com to arrange for all of your post-revocation tax information to be provided to you in paper form.
In order to update your contact information you may edit it within your Account or request changes by emailing DraftKings

Qualifications & exceptions

  • Revocation changes delivery for post-revocation tax information.
Also annotated in the same passage (3)

Charges & Financial Obligations · Restriction or exception

A legal-authority challenge can affect prize awards

If a legal authority challenges awarding a game prize, DraftKings reserves sole discretion to decide whether to award it.

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Supporting quotations

In the event that the awarding of any prize(s) to winners of Games is challenged by any legal authority, DraftKings reserves the right in its sole discretion to determine whether or not to award such prize(s).

Qualifications & exceptions

  • Applies when a legal authority challenges the award.

Cross-references

Charges & Financial Obligations · Restriction or exception

Prizes cannot be transferred and may be replaced by DraftKings

Prize substitution or transfer is prohibited for recipients. DraftKings alone may substitute a prize of equal or greater value for any or no reason. Prizes are provided as is without express or implied warranties.

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Supporting quotations

No substitution or transfer of any prize is permitted, except that DraftKings reserves the right, in its sole and absolute discretion, for any reason or no reason, to substitute a prize of equal or greater value. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Qualifications & exceptions

  • A substitute chosen by DraftKings must have equal or greater value.

Cross-references

Account & Service Control · Procedure

Account and fund complaints have a five-day response-effort commitment

If you believe funds or your account were misallocated, compromised or mishandled, complain to support@draftkings.com or DraftKings at 222 Berkeley Street, 5th Floor, Boston, MA 02116. DraftKings promises reasonable efforts to respond within five days. A denial must give specific reasons; a request for more information must identify what is needed and its form.

Details not recorded for this card

Supporting quotations

Players who believe that funds held by or their accounts with DraftKings have been misallocated, compromised or otherwise mishandled, may register a complaint with DraftKings online by e-mailing support@draftkings.com or in writing to DraftKings, 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116.
DraftKings shall use reasonable efforts to respond to such complaints within five (5) days. If DraftKings determines that the relief requested in the complaint will not be granted, its response will set forth the specific reason(s) therefore. If more information is required for DraftKings to process the complaint, the response will note the form and nature of the necessary additional information needed.

Qualifications & exceptions

  • Five days is a reasonable-efforts response commitment, not guaranteed resolution.

Charges & Financial Obligations · Procedure

Withdrawals have timing and refusal conditions

You may request withdrawal at any time. The terms say requests will be honored by the later of five business days or ten business days after submission of legally required tax paperwork. DraftKings may refuse if it determines there is good and sufficient reason, or believes in good faith that you committed fraud or conduct that would put it in violation of New Jersey law. Its own processing counts as honoring the request even if a processor, card issuer or account custodian delays it. Prize withdrawals can also require eligibility evidence, releases where lawful, tax forms and identification.

Details not recorded for this card

Supporting quotations

A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five (5) business days or ten (10) business days of submission of any tax reporting paperwork required by law, unless DraftKings in its sole and absolute discretion has good and sufficient reason to refuse the withdrawal or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of New Jersey state law.
A request for withdrawal will be considered honored if it is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or provide appropriate tax forms and/or forms of identification including but not limited to a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by DraftKings in order to complete the withdrawal of prizes.
Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail.

Qualifications & exceptions

  • Subject to stated refusal grounds and supporting-document requirements.
  • Processing by DraftKings suffices despite downstream delay.

Not stated here

  • The sentence does not expressly identify the starting event for its five-business-day limb; a separate clause provides 14-business-day processing for checks without reconciling the two.

Cross-references

  • contrast (model-proposed): Withdrawal checks are processed within 14 business days — The check-specific 14-business-day processing period and the general five/ten-business-day withdrawal rule are both stated without an explanation of how their timing fits together. Neither guarantees arrival of funds.
Also annotated in the same passage (3)

Account & Service Control · User right or choice

You can permanently close your account through customer service

You may permanently close your account at any time and for any reason by contacting DraftKings customer service. Termination does not eliminate pre-existing rights or obligations or terms that survive.

Details not recorded for this card

Supporting quotations

Players can also permanently close their Account at any time for any reason through the DraftKings customer service department.
Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Terms of Use which by their nature or express terms should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Qualifications & exceptions

  • Existing obligations and surviving terms remain.
Also annotated in the same passage (4)

Account & Service Control · Restriction or exception

DraftKings can immediately revoke access or close accounts without notice

DraftKings may revoke any or all granted rights immediately, without prior notice and for any or no reason. You must then stop accessing and using the website. It may revoke credentials and deny access, and separately reserves discretion to suspend or close an account at any time. Existing rights and obligations remain; terms that inherently or expressly survive include ownership, warranty disclaimers, indemnity and liability limits.

Details not recorded for this card

Supporting quotations

In addition to any other legal or equitable remedy, DraftKings may, in its sole and absolute discretion, for any reason or no reason, without prior notice, immediately revoke any or all of your rights granted hereunder.
In such event, you will immediately cease all access to and use of the Website. DraftKings may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website.
Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Terms of Use which by their nature or express terms should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DraftKings may also suspend or close your Account at any time in DraftKings' sole and absolute discretion, for any reason or no reason.

Qualifications & exceptions

  • Termination preserves pre-existing rights, obligations and surviving terms.
Also annotated in the same passage (1)

Account & Service Control · User right or choice

You can set gaming limits, self-exclude or suspend your account

Account holders may set responsible-gaming limits, self-exclude and suspend their accounts for at least 72 hours. DraftKings also decides whether use is responsible under its policies and may impose stricter limits or exclude the holder at its discretion.

Details not recorded for this card

Supporting quotations

The Company reserves the right, in its sole discretion, to make the determination whether you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company shall also permit the Authorized Account Holder to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by the Authorized Account Holder and exclude such Authorized Account Holder.
You may set responsible gaming limits and self-exclude, and you have the right to suspend your account for no less than seventy two (72) hours.

Qualifications & exceptions

  • Account suspension lasts no less than 72 hours.
  • DraftKings may impose stricter limits or exclusion.

Not stated here

  • The linked responsible-gaming page is not supplied, so detailed procedures are not established here.

Account & Service Control · User right or choice

You can request your original terms and account history

Email support@draftkings.com to obtain the terms agreed to when opening your account, statements, activity and account and game history.

Details not recorded for this card

Supporting quotations

You can obtain a copy of the Terms of Use agreed to when you established your Account, your Account statements and Account activity, as well as your Account and game history at DraftKings, by emailing customer service

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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Supporting quotations

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.

Account & Service Control · Restriction or exception

Live statistics are unofficial and do not determine game results

Where offered, live statistics and related information are unofficial and for information or entertainment only, not game-result determination. DraftKings and its providers say they use reasonable accuracy efforts, but give no warranties and disclaim responsibility for accuracy, usefulness, availability, errors or omissions.

Details not recorded for this card

Supporting quotations

To the extent that DraftKings offers "live" statistics during gameplay, all "live" statistics and other information provided through the Website and related information sources are unofficial.
Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Games.
While DraftKings and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither DraftKings nor its third party providers warrant or make any representations of any kind with respect to the information provided through the DraftKings Website and related information sources.
DraftKings and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

Qualifications & exceptions

  • Applies to live statistics and related information where offered.

Charges & Financial Obligations · Procedure

Later league scoring changes generally do not change graded results

Where applicable, results and prizes use final statistics and scoring at the end of the game’s last sports event. Prizes follow review and grading. Later league adjustments do not change game scoring unless DraftKings exercises its sole discretion to do so.

Details not recorded for this card

Supporting quotations

To the extent applicable, Game results and prize calculations are based on the final statistics and scoring results at the completion of the last sports game of each individual Game. Once Game results are reviewed and graded, prizes are awarded. The scoring results of a Game will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in DraftKings' sole and absolute discretion.

Qualifications & exceptions

  • DraftKings retains discretion to change scoring after later official adjustments.
  • Statistics-based calculation applies to the extent applicable.

Account & Service Control · Restriction or exception

DraftKings may deny game participation for any reason

DraftKings reserves sole and absolute discretion to prevent any customer or participant from participating in games for any reason.

Details not recorded for this card

Supporting quotations

DraftKings reserves the right, in its sole and absolute discretion, to deny any customer or participant the ability to participate in Games for any reason whatsoever.

Charges & Financial Obligations · Restriction or exception

A malfunction voids all pays

The game-results section states that all pays are void in the event of any malfunction. It does not define malfunction or further narrow that statement here.

Details not recorded for this card

Supporting quotations

In the event of any malfunction, all pays are void.

Not stated here

  • The provision does not define malfunction or further delimit the affected pays.

Cross-references

Charges & Financial Obligations · Company commitment

Winnings are subject to compliance verification and reasonable-efforts timing

After each game, DraftKings commits to commercially reasonable efforts to award winnings or prizes within a reasonable time, subject to verifying compliance with the agreements and participation conditions. This is not a fixed payout deadline.

Details not recorded for this card

Supporting quotations

Subject to the Company verifying your compliance with the Agreements and other conditions of participation, at the conclusion of each Game, the Company shall use commercially reasonable efforts to award the winnings and/or prizes within a reasonable amount of time.

Qualifications & exceptions

  • Subject to verification of compliance and participation conditions.
  • Commercially reasonable efforts; no fixed award deadline.

Cross-references

Charges & Financial Obligations · Procedure

Requested eligibility evidence has a seven-day deadline

Before payment, DraftKings may require a signed eligibility affidavit and supporting documentation showing eligibility and compliance. If requested material is not supplied within seven days, or DraftKings otherwise determines ineligibility or noncompliance, it may terminate the account and withhold or revoke associated prizes.

Details not recorded for this card

Supporting quotations

Before making any payment, DraftKings may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Game and is otherwise in compliance with the Agreements and may require the entrant to provide documentation or proof of eligibility and compliance with the Agreements.
If DraftKings requests that an entrant completes and executes such an affidavit and/or provide documentation, and the entrant fails to do so within seven (7) days, or DraftKings otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with the Agreements, DraftKings reserves the right to terminate the entrant's Account and withhold or revoke the awarding of any prizes associated with such Account.

Qualifications & exceptions

  • Deadline applies when DraftKings requests the affidavit or documentation.

Cross-references

Charges & Financial Obligations · Procedure

Withdrawals cover cash deposits and prizes but may require supporting documents

Use the website’s Withdrawal option for cash prizes and cash deposits. To withdraw prizes, entrants may be asked for an eligibility affidavit, a liability/publicity release unless prohibited by law, tax forms, ID, residence proof or reasonably requested payment-account information. Failure to supply required materials or any agreement noncompliance may lead to disqualification and prize forfeiture. The separate withdrawal clause also permits refusal for good and sufficient reason or a good-faith belief in fraud or conduct that would put DraftKings in violation of New Jersey law.

Details not recorded for this card

Supporting quotations

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Website.
Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or provide appropriate tax forms and/or forms of identification including but not limited to a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by DraftKings in order to complete the withdrawal of prizes.
Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with the Agreements in any manner.
A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five (5) business days or ten (10) business days of submission of any tax reporting paperwork required by law, unless DraftKings in its sole and absolute discretion has good and sufficient reason to refuse the withdrawal or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of New Jersey state law.

Qualifications & exceptions

  • Release requirement does not apply where prohibited by law.
  • Payment-account information requests must be reasonable.
  • Also subject to the stated withdrawal-refusal grounds.

Cross-references

Also annotated in the same passage (3)

Charges & Financial Obligations · Company commitment

Withdrawal checks are processed within 14 business days

The check-specific clause says withdrawal checks are processed within 14 business days and sent by US Mail. A separate withdrawal clause says requests are honored by the later of five business days or ten business days after required tax-paperwork submission, subject to stated refusal grounds; DraftKings processing suffices despite downstream delay. The document does not reconcile that timing with the check-specific period, and neither promises a delivery date.

Details not recorded for this card

Supporting quotations

Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail.
A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five (5) business days or ten (10) business days of submission of any tax reporting paperwork required by law, unless DraftKings in its sole and absolute discretion has good and sufficient reason to refuse the withdrawal or believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings in violation of New Jersey state law.
A request for withdrawal will be considered honored if it is processed by DraftKings but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.

Qualifications & exceptions

  • Applies to checks; no delivery deadline.
  • Withdrawals remain subject to stated refusal grounds and processing conditions.

Not stated here

  • The two withdrawal timing statements are not reconciled; the five-business-day limb does not expressly identify its starting event.

Cross-references

  • contrast (model-proposed): Withdrawals have timing and refusal conditions — The check-specific 14-business-day processing period and the general five/ten-business-day withdrawal rule are both stated without an explanation of how their timing fits together. Neither guarantees arrival of funds.
Also annotated in the same passage (3)

Charges & Financial Obligations · Restriction or exception

Promotional funds require fulfillment of promotion terms before withdrawal

Promotional deposits, credits and other bonuses cannot be withdrawn until the user meets the applicable promotion terms.

Details not recorded for this card

Supporting quotations

Promotional deposits, credits, and other bonuses may not be withdrawn from a DraftKings Account unless appropriate terms of the promotion are achieved first by the user.

Not stated here

  • The specific promotion terms are not supplied here.

Cross-references

Also annotated in the same passage (2)

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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Supporting quotations

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.
Also annotated in the same passage (1)

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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Supporting quotations

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.
Also annotated in the same passage (1)

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.

Details not recorded for this card

Supporting quotations

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.
Also annotated in the same passage (2)

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.

Details not recorded for this card

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

Also annotated in the same passage (4)

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.

Details not recorded for this card

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.
Also annotated in the same passage (4)

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.

Details not recorded for this card

Supporting quotations

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.
Also annotated in the same passage (4)

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.

Details not recorded for this card

Supporting quotations

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.
Also annotated in the same passage (4)

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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Supporting quotations

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.
Also annotated in the same passage (4)

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.

Details not recorded for this card

Supporting quotations

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)

Security & Safeguards · Restriction or exception

You may not bypass security or copying restrictions

You agree not to circumvent, disable or interfere with site security or features that restrict copying, use or other limitations on the website or its intellectual property.

Details not recorded for this card

Supporting quotations

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
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.

Details not recorded for this card

Supporting quotations

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.

Details not recorded for this card

Supporting quotations

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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Supporting quotations

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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Supporting quotations

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.

Sharing & Disclosure · Restriction or exception

Even password-protected submissions are not guaranteed private

Except as provided in the Privacy Notice, DraftKings gives no privacy guarantee for user submissions, including those in password-protected areas. It advises against submitting material you want protected from others. The separate Privacy Notice’s exceptions are not supplied here.

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Supporting quotations

Except as provided in the Privacy Notice, DraftKings does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

Qualifications & exceptions

  • Subject to the separate Privacy Notice.

Not stated here

  • The Privacy Notice is not supplied, so its privacy protections or exceptions cannot be specified.

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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Supporting quotations

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

Legal Rights & Agreement Rules · Procedure

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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Supporting quotations

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

Also annotated in the same passage (1)

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.

Details not recorded for this card

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.
Also annotated in the same passage (1)

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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Supporting quotations

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.
  • Covers reasonable enforcement fees and expenses.

Cross-references

Legal Rights & Agreement Rules · Context

New Jersey substantive law governs

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.
Also annotated in the same passage (2)

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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Supporting quotations

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

Also annotated in the same passage (2)

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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Supporting quotations

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.

Qualifications & exceptions

  • Concerns third-party websites.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

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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Supporting quotations

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.
Also annotated in the same passage (1)

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.
Also annotated in the same passage (1)

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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Supporting quotations

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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Supporting quotations

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.
Also annotated in the same passage (1)

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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Supporting quotations

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.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

The terms identify DKUK Services LTD for card acquiring processing

The source states that MasterCard and Visa have contracted with and licensed DKUK Services LTD for credit-card acquiring processing. It lists a UK registered address and incorporation number C 74501. This statement does not identify all payment processing arrangements or establish a broader data-sharing permission.

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Supporting quotations

MasterCard and Visa have contracted and granted a license to DKUK Services LTD with its registered address at C/o Jeffrey Green Russell Limited Waverly House 7-12 Noel Street, W1F 8GQ UK, incorporation number C 74501 for credit card acquiring processing purposes.

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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Supporting quotations

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.

Legal Rights & Agreement Rules · Context

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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Supporting quotations

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

Qualifications & exceptions

  • Physical presence in New Jersey.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

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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Supporting quotations

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").
The Player Disconnection Policy for poker (subject to change from time to time) is available at https://poker.draftkings.com/lp/tournament-rules, and the Player Disconnection Policy applicable to other Services, with the exception of poker, (subject to change from time to time) is available at https://sportsbook.draftkings.com/help/disconnect-policy.

Qualifications & exceptions

  • Casino and promotion rules depend on the applicable game.
  • Poker and other services use different disconnection policies.

Not stated here

  • The contents of the linked rules, disconnection policies and Privacy Notice are not supplied.
Also annotated in the same passage (1)

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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Supporting quotations

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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Supporting quotations

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.

Account & Service Control · Restriction or exception

You must be 21 and physically in New Jersey

Opening an account and using the services require age 21 or older and physical presence in New Jersey. The location requirement also covers online gaming, wagers and winning website prizes.

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Supporting quotations

You must be at least twenty-one (21) years of age to open an account with DraftKings ("Account") and use the Services, in each case, while you are physically located in the State of New Jersey.
You must also be physically located in the State of New Jersey in order to use the Services, including, without limitation, participating in any online gaming, to place a wager, or to win prizes offered by the Website.
Also annotated in the same passage (1)

Data Access & Collection · Permission or license

Age, identity, location and wagering communications may be monitored and recorded

You consent to DraftKings confirming, monitoring and recording your age, identity and location. You also consent to DraftKings, the New Jersey Division of Gaming Enforcement, or both monitoring and recording wagering communications.

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Supporting quotations

You consent to have DraftKings confirm, monitor, and record your age, identity, and geographic location.
You further consent to the monitoring and recording by DraftKings and/or the New Jersey Division of Gaming Enforcement, or both, of any wagering communications.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

One account per person; multiple accounts can cost winnings

You may establish one account. DraftKings may refuse to open an account for any or no reason in its sole discretion. If it discovers multiple accounts, it reserves the right to suspend or terminate any or all of them and terminate, withhold or revoke winnings and prizes, in addition to other rights.

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Supporting quotations

You may establish only one (1) Account per person to participate in the Services offered on the Website.
DraftKings may refuse to establish an Account for you in DraftKings’ sole and absolute discretion, for any reason or no reason.
In the event DraftKings discovers that you have opened more than one (1) Account, in addition to any other rights that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold or revoke the awarding of any winnings and prizes.

Qualifications & exceptions

  • Multiple-account sanctions apply if DraftKings discovers more than one account.
Also annotated in the same passage (1)

Security & Safeguards · Restriction or exception

You are responsible for credentials and activity under your account

You must keep login names and passwords confidential and accept responsibility for all activities, charges and damages occurring under your account.

Details not recorded for this card

Supporting quotations

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account.
Also annotated in the same passage (1)