Last Updated: 12/8/2023
DraftKings Refer-a-Friend Program (the "Program") allows you, our valued customer, to receive rewards for players that you refer to play on DraftKings.
ACCEPTANCE AND MODIFICATIONS TO THE TERMS OF THE PROGRAM
Every time you ("you" or "your") refer-a-friend to DraftKings or otherwise participate in the Program, you agree to be bound by the Terms, as may be amended from time to time, by DraftKings in its sole discretion. A new binding agreement between you and DraftKings is created each time you refer-a-friend, or otherwise participate in the Program. Therefore, every time you refer-a-friend, or otherwise participate in the Program, you should read these Terms carefully.
You will be bound by such amended Terms after such changes are posted at the Program Site and you refer-a-friend or otherwise participate in the Program. Therefore, you should regularly check and review the Terms. Your continued participation in the Program shall be deemed to attest to your agreement to the Terms any amendments to the Terms. In the event you do not agree to any changes to these Term, you must stop participating in the Program and stop referring-a-friend.
You confirm that you have read the Agreement, have had an opportunity to consult with your own legal advisors if so desired, and agree to all of its terms and conditions. You confirm that you have independently evaluated the desirability of participating in the Program and you are not relying on any representations, guarantee or statement other than as set forth in this Agreement or any other marketing materials.
DraftKings reserves the right to suspend, modify, and/or cancel the Program or any promotion related to the Program at any time in its sole and absolute discretion, for any reason or no reason, at any time, with or without notice to you.
The Terms and Program are subject to all other rules, terms and conditions, policies, and notices applicable to the Website and the Program, including, without limitation, any terms related to the Program or a specific Program promotion that are posted on or through the Platform Site, the Website, or that are otherwise communicated to you.
DEFINITIONS APPLICABLE TO THE PROGRAM
The definitions set forth in the TOU and Privacy Notice are incorporated by reference. In addition, the following definitions apply to this Agreement:
"Casino Reward(s)" shall mean the applicable DraftKings online casino Program promotion that is live at the time that your Referred Friend completes their Committed Action. You may earn a maximum of two thousand five hundred dollars ($2,500) worth of Casino Rewards per calendar year.
“Committed Action” means any action(s) a referred person needs to complete to become a Referred Friend that are set forth in any additional terms specific to an individual Program reward. Committed Actions may include, without limitation, making a deposit of a certain amount, entering a paid DraftKings Daily Fantasy contest, or placing a wager. Certain Committed Actions may require a referred person to be physically located in a certain jurisdiction while completing the action.
"DFS Minor" shall mean any individual under eighteen (18) years of age; provided, however, that Minor shall mean (i) any individual under nineteen (19) years of age who is physically located in Alabama or Nebraska, or (ii) any individual under twenty-one (21) years of age who is physically located in Arizona, Iowa, Louisiana, or Massachusetts.
"DFS Reward(s)" shall mean the applicable DraftKings Daily Fantasy Program promotion that is live at the time that your Referred Friend completes their Committed Action.
"Link" shall mean a unique URL link provided by DraftKings that directs a referred person to the Website and allows DraftKings to track and attribute Referred Friends. A Link is specific to an individual DraftKings product (e.g., there are unique Links related to daily fantasy and unique Links for sportsbook).
"Pick6 Reward” shall mean the applicable Pick6 promotion that is live at the time that your Referred Friend completes their Committed Action.
"Player(s)" shall mean any person that has an Account or is using any DraftKings products or services.
"Program Site" shall mean the applicable referral site located at https://www.draftkings.com/refer-a-friend for Daily Fantasy Sports referrals, https://pick6.draftkings.com/refer/ for Pick6 referrals, and http://sportsbook.draftkings.com/refer-a-friend for Sportsbook referrals.
"Referred Friend(s)" shall mean any person you refer to DraftKings via the Program that meets the following criteria: the person (i) does not have any prior or existing DraftKings accounts; (ii) accesses DraftKings directly through a Link (as defined below); (iii) successfully creates a new user Account with DraftKings; (iv) makes a money deposit into their DraftKings Account; (v) completes all other Committed Actions set forth in the applicable Program promotion; and (vi) complies with these Terms and the TOU in all respects.
“Reward” shall mean a Casino Reward, DFS Reward, Pick6 Reward, and/or SB Reward.
SB/Casino Minor shall mean any individual under twenty-one (21) years of age (under eighteen (18) in the event physically located in Kentucky, New Hampshire, or Wyoming)
"SB Reward(s)" shall mean the applicable DraftKings online sportsbook Program promotion that is live at the time that your Referred Friend completes their Committed Action. You may earn a maximum of two thousand five hundred dollars ($2,500) worth of SB Rewards per calendar year.
To be eligible to receive Rewards, you must (i) have an active Account on DraftKings; (ii) not be voluntarily or involuntarily excluded from play on DraftKings; (iii) not be included on any jurisdiction-wide gaming or daily fantasy sports exclusion list; (iv) not be temporarily or permanently banned from playing on any DraftKings website or mobile application; and (v) maintain your DraftKings accounts. You must at all times abide by and satisfy all requirements in these Terms and any additional terms for the specific Program promotion while participating in the Program. In the event you are found to be ineligible to play on DraftKings, you immediately forfeit any Rewards that have been awarded. In the event you are physically located in Massachusetts you are ineligible to receive SB Rewards.
In order for a person to become a Referred Friend, the person must first click a Link. A person that clicks your Link will only be deemed a Referred Friend in the event the person successfully creates a DraftKings Account after clicking on your Link and successfully completes the Committed Action(s). All Links are available and detailed on the Program Site. In the event a person signs up without using a Link, that person is not a Referred Friend, and you will not be entitled to a Reward.
DraftKings reserves the right to reject or revoke the registration of a person that clicks a Link for any reason or no reason, in its sole discretion. DraftKings will use reasonable efforts to track the number of Referred Friends generated by your Links, however, DraftKings shall not be responsible for and you shall not be entitled to any Casino Rewards, DFS Rewards, or SB Rewards for any Referred Friends generated through fraudulent, misleading, or inaccurate referrals or any referred person who clicks your Link but cannot be tracked by DraftKings for any reason, including, without limitation, improperly formatted Links or the referred person’s Internet browser not accepting DraftKings tracking cookie.
A person will not be considered a Referred Friend in the event the person clicking your Link cannot be tracked by DraftKings. You acknowledge and accept that other Players use Links and that prior to clicking on your Link, a referred person may have clicked the Link of another Player, and that you shall only receive the applicable Reward for the Referred Friend in the event the Referred Friend successfully creates their DraftKings Account through your Link.
DraftKings records with respect to who is a Referred Friend and who gets the Reward for that Referred Friend shall be final and binding.
DraftKings is not liable for any computer or program malfunctions or errors in Rewards. DraftKings reserves the right to exclude certain customers from the Program, as well as the right to withhold the Reward in the event DraftKings in its sole discretion, for any reason or no reason, suspects any actions related to the Referred Friend or Reward are fraudulent or, at DraftKings' sole and absolute discretion, for any reason or no reason, DraftKings determines that your or the Referred Friend’s actions are in violation of the Terms or TOU, including, without limitation, sharing account credentials with other individuals, placing contest entries or wagers on behalf of other individuals, circumventing DraftKings age and location verification procedures, and/or abusing the Website or Program in any way.
The Reward you receive for a Referred Friend is based on the Link the Referred Friend used when directed to the Site and the specific DraftKings product such Link was associated with. For example, in the event a person clicks your Link associated with daily fantasy sports, but then completes the Committed Action(s) associated with a sportsbook Program promotion, you will receive a DFS Reward. However, in the event a Program promotion provides bonuses or rewards to your Referred Friend as well, the Referred Friend will receive the Reward, in the event any, based on the DraftKings product the Referred Friend completed their Committed Action(s), regardless of the DraftKings product associated with the Link the Referred Friend used. You shall only be eligible for one (1) Reward per Referred Friend. For clarity, to be deemed a Referred Friend, the person must not have or ever had an account of any type with DraftKings.
ADDITIONAL TERMS APPLICABLE TO EVERYONE
- Player Information and Data:We reserve the right to refuse service to any potential Player and to close the Account of any Player, at any time, in our sole discretion.
- Money Laundering: 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.
- Taxation:All taxes due in connection with any Rewards distributed to you are your sole liability. You are solely responsible for paying all federal, state, local, and other taxes associated with your Reward in accordance with the laws that apply in your local, state, province, and/or country of residence.
FTC Compliance; Marketing Activities and Responsibilities:
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:
- Offer directly or indirectly to any player, person, or entity any consideration, reward, rebates, incentives, discounts, or any other benefit for using Links and completing Committed Actions with the intent of returning a proportion of the referred Persons’ contest fees paid or winnings. Offering such reward schemes are strictly prohibited and will be considered as a breach of the Terms;
- Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to DraftKings by any other person;
- In any way alter, modify, redirect, interfere, suppress, or substitute the operation of any button, link, or other interactive feature on the Website;
- 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 Website;
- Register as a Player or make deposits to any Account (directly or indirectly) through your Link for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the number of Referred Players credited to you or Rewards payable to you, or in any other way attempt to defraud DraftKings;
- Promote, describe, or advertise DraftKings and/or DraftKings products or services as illegal gambling or adult content, or promote or advertise, including, without limitation, posting Links, DraftKings and/or DraftKings products or services on any illegal gambling, adult content, or warez/hacker sites, or otherwise link to any illegal gambling, adult or warez/hacker sites. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
- Promote or advertise DraftKings and/or DraftKings daily fantasy products and services or send any daily fantasy related Links to DFS Minors or promote or advertise DraftKings Sportsbook and Casino products and services or send any sportsbook or casino Links to SB/Casino Minors or Promote or advertise DraftKings and/or DraftKings products and services, including, without limitation, sending any Links to any individual enrolled in a college or university either directly or indirectly via distribution methods or media that could reasonably be considered to target DFS Minors or SB/Casino Minors (as applicable) or any individual enrolled in a college or university;
- Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of our websites (e.g., "framing" or pop-up windows);
- Use any form of unsolicited commercial e-mail (SPAM);
- Violate of the terms of service of, or Abusing, social media websites such as Facebook, Twitter, Instagram, Craigslist, MySpace, or any and all others in connection with your marketing activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes);
- Seek to purchase or register (or purchase or register) any keywords, search terms or other identifiers that include the word "DraftKings" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; Promote DraftKings and/or our Contests in a profane, obscene or unlawful manner. In addition, you shall not promote DraftKings and/or our Contests in any manner that could be reasonably construed as damaging to DraftKings; or
- Promote any Committed Action or incentivize referrals without explicit written permission from DraftKings.
In the event DraftKings determines, in our sole discretion, for any reason or no reason, that you have engaged in any of the foregoing activities or otherwise violated the Terms or TOU, DraftKings may, in its sole discretion and without limiting any other rights or remedies available to DraftKings, withhold, void, or require the return of any Rewards.
Relationship of Parties: There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. The Terms do 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).
We reserve the right to change or cancel the Program at any time without prior notice.