Referral participation brings additional product terms and disclosures
These terms govern referral participation and promotion. Program activity also falls under the listed DFS, Pick6, state-specific Sportsbook and Sportsbook/Casino, Jackpocket, Racing and Predictions terms and the identified privacy notices. The product terms, including amendments, and definitions from the terms and privacy notices are incorporated. Participants also confirm receipt and understanding of the three named trading-risk disclosures. The document points to other terms for intellectual property, confidentiality, warranties and liability; it does not reproduce those rules.
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The DraftKings Refer-a-Friend Program (the "Program") allows you, our valued customer, to receive rewards for players that you refer to play on DraftKings.
These DraftKings Refer-a-Friend Program Terms and Conditions (the "Terms" or the "Agreement") apply to, and govern, your participation in the Program, including, without limitation, how you can market and promote the Program. In addition to the Terms, all Program activity is governed by the DraftKings Daily Fantasy Terms of Use (available by clicking HERE) (the “DFS TOU”), the DraftKings Pick6 Terms of Use (available by clicking HERE) (the “Pick6 TOU”), the Terms of Use of DraftKings Sportsbook for the state you are physically located in (the “OSB TOU”), the Terms of Use of DraftKings Sportsbook and Casino for the state you are physically located in (the “OSB/Casino TOU”), the Jackpocket Terms of Service (available by clicking HERE) (the “Jackpocket TOU”), the DraftKings Racing Terms of Use (available by clicking HERE) (the “Racing TOU”), and the DraftKings Predictions Terms of Use (available by clicking HERE) (the “Predictions TOU” together with the DFS TOU, Pick6TOU, OSB TOU, OSB/Casino TOU, Jackpocket TOU, and Racing TOU, the "TOU"), the DraftKings Predictions Privacy Notices (available by clicking HERE ) (the “Predictions Privacy Notices”) and the DraftKings Privacy Notice (available by clicking HERE) (the "DraftKings Privacy Notice" together with the Predictions Privacy Notices, the “Privacy Notice”). The TOU, as may be amended at any time from time to time, are hereby incorporated by reference into these Terms in their entirety. You also confirm that you have received and understand the Risk Disclosure Statement for Futures and Options (available by clicking HERE), the Combined Disclosures (available by clicking HERE), and the Event Contracts Risk Disclosure (available by clicking HERE).
The definitions set forth in the TOU and Privacy Notice are incorporated herein in their entirety by reference. In addition, the following definitions apply to this Agreement:
Qualifications & exceptions
Sportsbook and Sportsbook/Casino terms depend on the state where you are physically located.
Not stated here
The incorporated product terms, privacy notices and risk disclosures are not supplied here; their detailed obligations are outside this analysis.
Sharing a referral link or participating accepts these terms
Clicking the listed acceptance or sharing controls, otherwise consenting, sending a link, referring someone or otherwise participating constitutes agreement. DraftKings can change the terms for any or no reason without notice; amendments bind upon posting on the Program Site or Platform. You must check before participating, and continued participation accepts the changes. If you disagree, you must stop participating and referring.
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By clicking “Share Link,” “Copy Link,” “Accept Terms,” “Accept Terms & Share Link,” “Accept Terms and Copy Link,” otherwise indicating your consent, sending a Link, including, without limitation, through clicking the X (formerly known as Twitter), Facebook, or Threads buttons on the Program Site, referring-a-friend to DraftKings, or otherwise participating in the Program, you agree to be bound by the Terms, as may be amended from time to time. DraftKings reserves the right to amend the Terms at any time in its sole and absolute discretion, for any reason or no reason, without notice to you. It is your responsibility to review the Terms for any changes prior to participating in the Program or referring-a-friend to DraftKings. Any amendments to the Terms will be effective and binding upon the posting of the amended Terms on the Program Site or Platform. Your continued participation in the Program, including, without limitation, sending any Links or referring-a-friend after DraftKings amends the Terms shall be deemed your acceptance and agreement to the amended Terms. In the event you do not agree to these Terms or any changes to these Terms, you must stop participating in the Program and stop referring-a-friend to DraftKings.
Qualifications & exceptions
Amendments become effective on posting; continued participation is treated as acceptance.
Cross-references
contrast (model-proposed): Spam and the defined commercial use of social media are prohibited — The acceptance clause contemplates sharing through social buttons, while the Abuse definition includes commercial social-media use. The source does not clearly draw the boundary; neither clause is silently discarded.
Legal Rights & Agreement Rules · Restriction or exception
Promotional Terms can add requirements and override these terms
Each referral offer may have immediately binding additional rules and eligibility requirements, posted on the Program Site or Platform or otherwise made available or communicated. Those Promotional Terms and amendments are incorporated, may change without notice at DraftKings’ sole discretion for any or no reason, and control a conflict with these general terms. You are responsible for reading them; an offer is open only to people who meet all its eligibility requirements and comply with its terms.
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Each refer-a-friend promotion, Reward, and/or other offer in connection with the Program may have additional terms, conditions, rules, and/or eligibility requirements associated with it and which will be immediately binding and enforceable (“Promotional Terms”). The Promotional Tems will either (i) be posted on the Program Site or Platform or (ii) be otherwise made available or communicated to you. All Promotional Terms are hereby incorporated by reference into the Terms in their entirety, including any amendments made to the Promotional Terms at any time. DraftKings reserves the right to amend any Promotional Terms at any time in its sole and absolute discretion, for any reason or no reason, without notice to you. You are solely responsible for reading and understanding the Promotional Terms applicable to the promotions that you enter or in which you participate in connection with the Program and any applicable Rewards. In the event of a conflict between the Terms and any Promotional Terms, the Promotional Terms shall govern, and nothing in the Terms shall alter, amend, modify, invalidate, or void any term or condition in the Promotional Terms.
Each promotion or similar offer in connection with the Program is only open to individuals who meet all eligibility requirements of such promotion or similar offer and comply with the Promotional Terms.
Qualifications & exceptions
Offer-specific Promotional Terms control conflicts and may be supplied by posting or other communication.
Legal Rights & Agreement Rules · Restriction or exception
Send referrals only to people you know who permit contact
You must obey the laws, rules and regulations applicable to your links and messages and send them only to individuals you personally know who have given permission to contact them. Knowing someone alone is not enough.
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Applicable Law: you will comply with all laws, rules, and regulations applicable to the Links and messages you send;
Permission requirement: you will only send the Link or message to individuals you personally know and who have given you permission to contact them; and
Qualifications & exceptions
Personal acquaintance and permission to contact are both required.
Legal Rights & Agreement Rules · Restriction or exception
Keep the prewritten disclosure unchanged at the start of the referral message
You cannot remove or alter the pre-populated referral disclosure. You may add personal content only after that language, leaving it intact and unaltered at the beginning.
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Referral message disclosure integrity: you will not remove or alter the pre-populated referral message disclosure language. You may add personal content after the pre-populated language, but the pre-populated disclosure language must remain intact and unaltered at the beginning of the message.
Qualifications & exceptions
Personal additions must follow the unchanged disclosure.
Legal Rights & Agreement Rules · Restriction or exception
You must follow applicable law and DraftKings’ money-laundering rules
Participants must comply with applicable laws and with any policies, terms or conditions DraftKings provides concerning money laundering or proceeds of crime.
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You shall comply with all applicable laws, and any policy, terms, or conditions provided to you by DraftKings in relation to money laundering and/or the proceeds of crime.
Qualifications & exceptions
Company policies covered here are those provided to you concerning money laundering or proceeds of crime.
Not stated here
The specific policies and laws are not reproduced here.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for lawful marketing and all required disclosures
You are solely responsible and liable for how you conduct referral marketing and its content. It must be professional, proper, lawful and compliant with these terms, including applicable advertising rules and the named FTC Endorsement and Testimonial Guidelines. All referral messages must include DraftKings’ unaltered template disclosures. Pages, blogs, social posts and other messages carrying links must also include all disclosures required by law or DraftKings, meeting their requirements.
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DRAFTKINGS PROVIDES YOU WITH REFERRAL MESSAGE TEMPLATES THAT INCLUDE SPECIFIC DISCLOSURES. YOU MUST NOT REMOVE OR ALTER THIS DISCLOSURE LANGUAGE, AND YOU AGREE TO INCLUDE IT IN ALL REFERRAL MESSAGES YOU SEND. You are solely responsible and liable for the content and manner of your referral marketing activities related to the Program. All such marketing activities must be professional, proper, and lawful under applicable rules, regulations, and laws, including any laws in relation to the content and nature of any advertising or marketing, (including, without limitation, the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (the "FTC Guidelines")). Your content and manner of your referral marketing activities related to the Program must at all times comply with the Terms. For the avoidance of doubt, and without limiting your other legal and regulatory compliance obligations pursuant to this Agreement, you shall include within all pages, blogs, posts, social media posts, or other messaging where Links are posted all disclosure statements required by applicable laws, rules, and regulations, including, without limitation, the FTC Guidelines, as well as any other disclosures provided to you by DraftKings or required by DraftKings. All disclosure statements must comply with all applicable laws, rules, and regulations as well as all requirements provided or required by DraftKings.
Qualifications & exceptions
Disclosure duties apply across every listed channel carrying referral links.
Not stated here
The FTC Guidelines and any separately provided disclosure requirements are not supplied in full.
Cross-references
contrast (model-proposed): Spam and the defined commercial use of social media are prohibited — The terms require disclosures on social referral posts while also defining commercial use of social media as Abuse. This records the textual tension without deciding which posts the publisher intends to permit.
qualified by (model-proposed): Marketing violations can cost rewards already earned or paid — A determination of prohibited marketing or other terms/TOU violations may lead to withheld, voided or reclaimed rewards in addition to other remedies.
Legal Rights & Agreement Rules · Restriction or exception
Do not mislead people about your relationship with DraftKings
You may not act or make statements that could confuse people about your relationship with DraftKings or another third party, or ownership or operation of a Platform. You cannot authorize, assist or encourage a third party to do this either.
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You shall not yourself, nor shall you authorize, assist, or encourage any third party to:
Take any action or make any statements that could cause any confusion as to your relationship with DraftKings or any other third party or as to the ownership or operation of the Platform;
Legal Rights & Agreement Rules · Restriction or exception
Certain descriptions and advertising venues are forbidden
You and anyone you authorize, assist or encourage must not describe DraftKings or its services as illegal gambling or adult content, or describe Predictions as gambling. You cannot promote the services, post links on, or connect referral links or messages to illegal-gambling, adult-content or warez/hacker sites. Adult-content examples include nudity, pornography and sexually explicit or adult-related material. These are contractual marketing restrictions, not this analysis’s classification of the products.
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You shall not yourself, nor shall you authorize, assist, or encourage any third party to:
Promote, describe, or advertise DraftKings and/or any Platform(s) or other DraftKings services as illegal gambling or adult content; promote, describe, or advertise DraftKings Predictions as gambling; or promote or advertise DraftKings and/or any Platform(s) or other DraftKings services, including, without limitation, posting Links, on any illegal gambling, adult content, or warez/hacker sites, or otherwise link to any illegal gambling, adult, or warez/hacker sites in connection with the Links or messages you send in connection with the Program. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
Legal Rights & Agreement Rules · Restriction or exception
Spam and the defined commercial use of social media are prohibited
You cannot send unsolicited commercial email or violate a social-media site’s terms in connection with Program activity. The definition of social-media Abuse includes spam, unsolicited mass mail or instant messages, and using social media for commercial purposes. This broad commercial-purpose wording sits alongside terms that contemplate referral sharing through social buttons and social posts. The document does not clearly explain that boundary; the analysis does not infer that every social referral is allowed or forbidden. You also cannot authorize, assist or encourage others to engage in the prohibited activity.
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Use any form of unsolicited commercial e-mail (SPAM);
Violate the terms of service of, or Abuse, any social media websites such as Facebook, Twitter, Instagram, Craigslist, MySpace, or any and all others in connection with your Program activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, or using social media websites for commercial purposes);
By clicking “Share Link,” “Copy Link,” “Accept Terms,” “Accept Terms & Share Link,” “Accept Terms and Copy Link,” otherwise indicating your consent, sending a Link, including, without limitation, through clicking the X (formerly known as Twitter), Facebook, or Threads buttons on the Program Site, referring-a-friend to DraftKings, or otherwise participating in the Program, you agree to be bound by the Terms, as may be amended from time to time. DraftKings reserves the right to amend the Terms at any time in its sole and absolute discretion, for any reason or no reason, without notice to you. It is your responsibility to review the Terms for any changes prior to participating in the Program or referring-a-friend to DraftKings. Any amendments to the Terms will be effective and binding upon the posting of the amended Terms on the Program Site or Platform. Your continued participation in the Program, including, without limitation, sending any Links or referring-a-friend after DraftKings amends the Terms shall be deemed your acceptance and agreement to the amended Terms. In the event you do not agree to these Terms or any changes to these Terms, you must stop participating in the Program and stop referring-a-friend to DraftKings.
DRAFTKINGS PROVIDES YOU WITH REFERRAL MESSAGE TEMPLATES THAT INCLUDE SPECIFIC DISCLOSURES. YOU MUST NOT REMOVE OR ALTER THIS DISCLOSURE LANGUAGE, AND YOU AGREE TO INCLUDE IT IN ALL REFERRAL MESSAGES YOU SEND. You are solely responsible and liable for the content and manner of your referral marketing activities related to the Program. All such marketing activities must be professional, proper, and lawful under applicable rules, regulations, and laws, including any laws in relation to the content and nature of any advertising or marketing, (including, without limitation, the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (the "FTC Guidelines")). Your content and manner of your referral marketing activities related to the Program must at all times comply with the Terms. For the avoidance of doubt, and without limiting your other legal and regulatory compliance obligations pursuant to this Agreement, you shall include within all pages, blogs, posts, social media posts, or other messaging where Links are posted all disclosure statements required by applicable laws, rules, and regulations, including, without limitation, the FTC Guidelines, as well as any other disclosures provided to you by DraftKings or required by DraftKings. All disclosure statements must comply with all applicable laws, rules, and regulations as well as all requirements provided or required by DraftKings.
You shall not yourself, nor shall you authorize, assist, or encourage any third party to:
Qualifications & exceptions
The social-media clause applies in connection with Program activities.
Not stated here
The source does not clearly reconcile its commercial-purpose prohibition with its contemplated social referral sharing.
Cross-references
contrast (model-proposed): Sharing a referral link or participating accepts these terms — The acceptance clause contemplates sharing through social buttons, while the Abuse definition includes commercial social-media use. The source does not clearly draw the boundary; neither clause is silently discarded.
contrast (model-proposed): You are responsible for lawful marketing and all required disclosures — The terms require disclosures on social referral posts while also defining commercial use of social media as Abuse. This records the textual tension without deciding which posts the publisher intends to permit.
Legal Rights & Agreement Rules · Restriction or exception
Promotions must not be obscene, unlawful or reasonably damaging to DraftKings
You must not promote DraftKings, Jackpocket or their Platforms in a profane, obscene or unlawful way, or in a manner reasonably construed as damaging to DraftKings. You also may not authorize, assist or encourage others to do so.
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Promote DraftKings, Jackpocket, or any Platform(s) in a profane, obscene, or unlawful manner. In addition, you shall not promote DraftKings, Jackpocket, or any Platform(s) in any manner that could be reasonably construed as damaging to DraftKings; or
You shall not yourself, nor shall you authorize, assist, or encourage any third party to:
Legal Rights & Agreement Rules · Restriction or exception
Promoting required actions or incentivizing referrals needs written permission
You cannot promote any Committed Action or incentivize referrals without DraftKings’ explicit written permission, including by authorizing, helping or encouraging others. Committed Actions are the offer’s required steps, which may include a deposit, paid entry, trade, bet or wager. This is a specific restriction within a program that otherwise contemplates referral messaging; general participation alone does not establish that written permission.
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Promote any Committed Action or incentivize referrals without explicit written permission from DraftKings.
“Committed Action” means any action(s) a referred person needs to complete to become a Referred Friend as set forth in the Promotional Terms (as defined in the Acceptance and Modifications to the Terms section below). Committed Actions may include, without limitation, making a deposit of a certain amount, entering a paid DraftKings Daily Fantasy contest, placing a trade on DraftKings Predictions, placing a bet on DraftKings Sportsbook, or placing a wager on DraftKings Casino. Certain Committed Actions may require a referred person to be a resident of certain jurisdictions and/or physically located in certain jurisdictions while completing the action.
You shall not yourself, nor shall you authorize, assist, or encourage any third party to:
Qualifications & exceptions
DraftKings’ explicit written permission is the stated exception.
Legal Rights & Agreement Rules · Restriction or exception
Referral participation does not authorize you to bind DraftKings
The program creates no exclusivity, partnership, joint venture, employment, agency or franchise relationship. You cannot bind DraftKings by representations or warranties, assuming obligations or liability, or exercising a right or power on its behalf.
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There is no relationship of exclusivity, partnership, joint venture, employment, agency, or franchise between you and DraftKings under the Terms or related to your participation in the Program. The Terms or participation in the Program does not give you the authority to bind DraftKings (including the making of any representation or warranty, the assumption of any obligation or liability, and/or the exercise of any right or power).