(last updated 7/30/2021)
You must be at least twenty-one (21) years of age to open an account with DraftKings ("Account"). You must be also physically located in the Commonwealth of Virginia in order to participate in any online gaming and to place a wager or to win prizes offered by the Website. You consent to have DraftKings confirm your age and identity.
You may establish only one (1) Account per person to participate in the Services offered on the Website. In the event DraftKings discovers that you have opened more than one Account per person, 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. 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. The method to change or retrieve your password is located at https://sportsbook.draftkings.com/help/technical-issues/account-security. You can choose the strength of your authentication by following the process located under the “Account Management and Responsible Gaming” tab at https://sportsbook.draftkings.com/help/faq.
There are certain Federal prohibitions and restrictions regarding Internet gaming (i.e. 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§5361 through 5367 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of Virginia to engage in Internet wagering through a Virginia operator. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services outside the Commonwealth of Virginia. DraftKings shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
Your account will be deemed 'Dormant' if you have not logged in for a period of five (5) years. If your account is deemed ‘Dormant,’ DraftKings will close the account and any remaining funds will be considered abandoned and remitted in accordance with Chapter 25 55.1-2500 et seq. of Title 55.1.
If any deposit is charged back, any winnings generated from DraftKings Games shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. DraftKings reserves the right to close your Account - without notice - shall a deposit be charged back.
Interactive gaming wagers may be funded through multiple options, including, without limitation, customer deposits, customer balance, and site/promotional credits.
DraftKings employees ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the employee who resides at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public Games for cash hosted on the Website.
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.
Users will be able to visit the Website and view the games (e.g., sportsbook and casino) offered by DraftKings and available to play and place a wager (the "Game" or collectively, the "Games"). When you select to participate in a Game and complete the entry process, the listed amount of US dollars will be debited from your DraftKings Account.
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 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.
CONDITIONS OF PARTICIPATION
- Except as otherwise stated in the Eligibility section above, 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, and any Immediate Family Member of any such person;
- 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;
- 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;
- Breaches 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 court order;
- 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.
In addition, conduct that would be deemed improper also includes, but is not limited to:
- Falsifying personal information required to enter a Game or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Game or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Using a single Account to participate in a Game on behalf of multiple entrants or otherwise collaborating with others to participate in any Game;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- 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 spamming other entrants; or
- Abusing the Website in any way.
Users 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.
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, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives 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 travelling 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 similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
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; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Game), 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.
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.
All entries become the property of DraftKings and will not be acknowledged or returned.
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.
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.
GAME PRIZES AND PROMOTIONS
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 72 hours. More detailed information can be found at https://sportsbook.draftkings.com/help/responsible-gaming.
OTHER LEGAL RESTRICTIONS
You consent to the monitoring and recording by the interactive gaming certificate holder or the Board, or both, of any wagering communications and geographic location information.
DraftKings is required by regulation to indicate to you that it is a criminal offense to allow a person who is under 21 years of age to participate in interactive gaming and a person who does so must be prohibited from participating in interactive gaming at DraftKings.
You can obtain a copy of the terms and conditions agreed to when establishing an interactive gaming account, your account statements and account activity, as well as your account and game history at DraftKings, by emailing customer service at email@example.com.
GAME STATISTICS AND LIVE SCORING
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 DraftKings 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.
To the extent applicable, Game results and prize calculations are based on the final statistics and scoring results at the completion of the last professional 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.
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. Further, DraftKings may, in its sole and absolute discretion, invalidate any head-to-head Game result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
In the event of any malfunction, all pays are void.
Subject to the Company verifying your compliance with the Terms, Rules 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.
PAYMENT AND WITHDRAWAL OF PRIZES
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, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If DraftKings requests that an entrant completes and executes such an affidavit 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 these Terms, DraftKings reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, DraftKings may pay out any withheld or revoked prizes to the other entrants in the relevant Game in a manner consistent with the Rules of the Game.
Checks for withdrawal requests are processed within ten (10) business days, and are sent via U.S. Mail. 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.
In the event that the awarding of any prizes 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 prizes.
No substitution or transfer of prize is permitted, except that DraftKings reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. 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).
DraftKings, Inc. will take appropriate steps to prevent unauthorized withdrawals from consumer Accounts. Users are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. This process asks a series of at least four multiple choice questions about the person's life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, DraftKings, Inc. can and does require its users to produce a copy of their driver's license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, DraftKings, Inc. will not release the funds from the account. Once per month, DraftKings, Inc. shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to DraftKings, Inc. from credit card processors as of the end date of the immediately preceding month.
Players who believe that funds held by or their accounts with DraftKings, Inc. have been misallocated, compromised or otherwise mishandled, may register a complaint with DraftKings, Inc. online by e-mailing firstname.lastname@example.org or in writing to 222 Berkeley Street, 5th Floor, Boston, Massachusetts 02116. DraftKings, Inc. shall use its best efforts to respond to such complaints within five (5) days. If DraftKings, Inc. determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for DraftKings Inc. to process the complaint, the response will note the form and nature of the necessary additional information needed.
A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law, unless DraftKings, Inc. believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put DraftKings, Inc. in violation of Virginia law. A request for withdrawal will be considered honored if it is processed by DraftKings, Inc. but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the DraftKings, Inc. customer service department.
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
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 AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE 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.
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. 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, AND OTHER REPRESENTATIVES 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 ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES 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 ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 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). 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. 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. 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, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. 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.
INTELLECTUAL PROPERTY RIGHTS
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 not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. 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. 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.
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.
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.
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.
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.
CONSENT TO JURISDICTION IN VIRGINIA, ATTORNEY'S FEES
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims") shall be the courts of competent jurisdiction sitting within the Commonwealth of Virginia (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; (b) you and DraftKings waive any and all rights to trial by jury with respect to any Claims.
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.
If you have an unresolved complaint after exhausting all reasonable means to resolve the complaint, including the means listed above, you may contact the Virginia Lottery directly at:
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with DraftKings or in any way affiliated or associated with the Services.
Third party online publishers that refer users to the DraftKings Website shall not be responsible or liable for the DraftKings Website or any of the content, software, or functions made available on, or accessed through, or sent from, the DraftKings Website.
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.
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.
OUR COMMITMENT TO PRIVACY - DRAFTKINGS SPORTSBOOK AND CASINO
Your privacy is important to us. DraftKings, Inc ("DK", "we" or "us") has prepared this notice to describe to you our practices regarding the personal information we collect from users of our website located at http://www.draftkings.com (the "Website"), our mobile application ("Application"), and our online gaming products and related services available through Website and the Application ("Services"). This notice does not apply to websites, applications or services that do not display or link to this statement or that display or link to different privacy statements.
THE INFORMATION WE COLLECT
Information You Provide to Us
- We may collect personal information from you, such as your first and last name, location, email address, username and password, and the country and state in which you reside when you create an account to log in to our network ("Account").
- When you order Services on our Website, or deposit or withdraw funds from your Account, we may collect all information necessary to complete the transaction, including your name, address, phone number, credit card information, billing information and social security number.
- If you use our Application on your mobile device, we may collect your phone number and unique device id number.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- We will collect your profile photo and username that you upload to your public profile page ("Profile"). When you participate in any contest, game or other gaming related promotion on the Services (each a "Game" or collectively, the "Games") other participants in the Contest (each, a "Player") will be able to see the information in your Profile.
- If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to verify for eligibility enter certain Contests and for fraud prevention purposes.
- When you participate in one of our surveys, we may collect additional profile information.
- If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your email address and/or home number (to notify you whether you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations, we may need additional information as part of the entry process, such as a prize selection choice, or in connection with the award of prizes over a certain dollar threshold. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
- We may also collect information at other points in our Website and Services where it is clear we are collecting such information.
Information Collected via Technology
- Information Collected by our Services. To make our Website and Services more useful to you, our Website automatically tracks certain information about the visits to our Website, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, referring/exist pages, and/or a date/time stamp for your visit. We use this information to analyze trends, administer the Website, gather demographic information about our user base as a whole, and to improve our Website and Services and for product development purposes. For example, some of the information may be collected so that when you visit the Website or Services again, it will recognize you and the information appropriate to your interests.
- Pixel Tags. In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons or Web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a computer's hard drive or web browser, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send email messages in a format that users can read, and tell us whether emails have been opened to, in part, ensure that we are sending only messages that are of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.
- Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, that allows us to identify and fix bugs and otherwise improve the performance of our Application(s).
- Referral Affiliates. We may enter into agreements with companies that refer users to our Service by way of hyperlinks made available on the referring party's website. We may automatically collect certain information, such as [your IP address, referring website, and your IP address] via the Cookies and Pixel Tags that are provided to us in connection with your use of the referring party's website. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags provided by third party Websites.
- Location Information. We may collect your location information including for the purpose of verifying whether you are eligible to participate in a Contest, sweepstakes, contest or giveaway on our Services.
Information Collected From or About Friends
- Refer-a-Friend. Our Services may enable you to invite your friends to join in the fun. We enable users to invite friends in two ways:
- You may invite a friend to register on our Services by providing us with their email address. We will collect the email address(es) you provide in order to facilitate that invitation. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party's names and e-mail addresses as required above. If you are using the Application to refer-a-friend, the Application may also collect your phone number which we may use, among other purposes, fraud prevention and user authentication purposes. You or the third party may contact us at email@example.com to request the removal of this information from our database.
- We may enable you to send your friends an invite to register on our Services via text message. We employ various techniques in order to enable you to invite your friends via text message, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join the Services in and communicate with you through the Services. With your permission, we will access your address book, and import your contacts' names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contacts to determine which of your friends have not registered for an Account. The text message that is sent to your friends will come from your phone number so that your friends know that you want to invite them to visit the Website. We also collect your phone number during this process to send you a text message for account verification purposes, along with some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone's carrier, mobile network code and mobile country code.
- Find-a-Friend. Our Services may enable you to invite your friends who have an Account to join a Contest. In order to invite friends with Accounts to join a Contest, you may either enter (1) your friend's username associated with their account to find and locate them or (2) in the event you are using our Application, use our contact importer tool to import and search through your contacts (including contacts in your address book) to match those of your friends who are also registered users of the Services. With your permission, we will access your address book, and import your contacts' names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contact to facilitate automatic connection with your friends.
Information Collected from Other Sources
We may supplement the information we have about you with information received from other sources including from our pages on Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). The information we receive may include demographic data such as age, gender and income level, your interests and purchase data and other information that is necessary or useful to assist our marketing efforts or for user verification, authentication, fraud detection or to comply with regulatory requirements.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
HOW WE USE INFORMATION
General Use. In general, the personal information you submit to us is used either to respond to the requests you make, or to aid us in serving you better. We use your personal information in the following ways:
- to facilitate the creation of and secure your Account on our network;
- to identify you as a user in our system and to otherwise administer and operate our Website, Application(s) and Services;
- to improve the quality of experience when you interact with our Website, Application(s) and Services;
- to send you administrative email notifications, such as security or support and maintenance advisories;
- to deliver customized or personalized content, information or advertising;
- to respond to your inquiries and other requests; and
- to send newsletters, surveys, offers and other promotional materials related to our Services or on behalf of third parties and to monitor the effectiveness of our marketing programs.
User Feedback. We may post user feedback on the Website from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Creation of Anonymous Data. We may create anonymized data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymized data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use anonymized data for any purpose and disclose anonymized data to third parties for any reason.
DISCLOSURE OF YOUR PERSONAL DATA
We disclose your personal information as described below and as described elsewhere in this notice.
- Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.
- Third Party Service Providers. We may share your personal information with third party service providers to: provide you the Services that we offer you through our Website and Application(s); to conduct quality assurance testing; to facilitate the creation of accounts; to provide account authentication and user verification services; to provide technical support; and/or provide other services to DK.
- Internal Revenue Service and Other Taxing Authorities. If your earnings from Contests exceeds a certain threshold, in accordance with our interpretation of applicable law, we will disclose the amount of your earnings and other related information to the United States Internal Revenue Service and other appropriate taxing authorities.
- Profiles and Players. When you participate in a Contest, we may make your Profile available to other Players of the Contest and enable you to communicate with other Players, in which case your communications will be disclosed.
- Friends. We may disclose information about you in connection with our Refer-A-Friend and Find-A-Friend programs as described above.
- DK Promotions. When you participate in a Contest, we may use of your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.
- Affiliates. We may share some or all of your personal information with our subsidiaries, joint ventures and other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this notice.
- Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.
- Third Parties. We may make the information we have about you available to third parties including for their direct marketing use. Please see the section below on your California Privacy Rights to determine how you can learn what information about you was disclosed.
YOUR CHOICES REGARDING YOUR INFORMATION
- Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by editing your "personal information" within your Account or by sending an email to us at the address listed below. You may requested deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
- Applications. You may stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
You can request a copy of the personally-identifiable information that DK has collected about you via the Services by contacting our Information Privacy team at the e-mail address listed in the "How to Contact Us" section below. You may also request that DK correct any factual inaccuracies contained in this information by contacting this same person.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Some web browsers may transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.
SPECIAL NOTE TO INTERNATIONAL USERS
YOUR CALIFORNIA PRIVACY RIGHTS
A California resident who has provided personal information to a business with whom he has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
HOW TO CONTACT US
If you would like to contact us for any reason regarding our privacy practices, our privacy notice, or if you want to report any security violations to us, please e-mail us at the following address: firstname.lastname@example.org
This notice may be revised periodically, and if we make any material changes in the way we use your personal information, we will notify you. Any changes to this privacy notice will be effective upon thirty (30) days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of the Service and for all users who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your personal information to provide us with your most current email address. In the event that the last email address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, in the event that we elect to provide you notice via email, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Website, Application(s) or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.