Which States Do Not Allow Draftkings? (With Reasons Why)

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If you have ever heard of Draftkings, then you’ll know that it is one of the leading fantasy sports contests that can win you some serious money. You make money based on the performance of individual plays in your fantasy sports team.

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Which States Do Not Allow Draftkings (With Reasons Why)

However, this is considered as gambling and although there is no federal law that bans gambling, there are individual laws in certain states that prohibit you from partaking in what is termed as ‘illegal online gambling;’ activities.

So what states does not allow you to register a Draftkings account? Is there any way that you can navigate around these laws? Well, if you carry on reading this article, we’ll give you a glimpse into the legalization around it and whether there is a workaround.

What Is Draftkings?

Draftkings is a fantasy sportsbook that allows you to stake money on individual players, entering competitions at different skill levels. This will all depend on your level of sports betting experience.

There are 13 sports that Draftkings offers players to compete in: NFL, MLB, NBA, NHL, Golf (Check out What Is An Each-Way Bet In Golf), Tennis, CFL, NASCAR, MMA, eSports, XFL and soccer for both men and women.

There are plenty of different competitions that you can choose from, here are just a few of them and what they involve:

Beginner Contests

if you have never participated in online gambling before, then this is the contest where you start.

Multipliers/Boosters

this will allow you to boost the cost of your entry fee by gaining higher scores in your contests.

Step Contests

this will allow you to gain entry to the next level of betting by allowing you to win certain tickets.

Head-To-Head

this is where two players will face off against each other to win money.

Guaranteed Price Pools

this is where groups of smaller league players can group together to win larger sums of money.

Three-Man Leagues

this is a league which contains three people that can win each player a lot more money.

50/50 Contests

this is where you can win more money by coming in the top 50% of your league.

It is this versatility that makes Draftkings so appealing to sports fans and gamblers.

This company is also partnered with various casinos and sports channels. They also specialize in certain digital collectibles (also known as NFTs), including stars such as Tiger Woods, Tony Hawk, Wayne Gretzky and Usain Bolt.

But why is this gambling website prohibited in certain territories in America? Well, let’s have a look at what states don’t allow you to use Draftkings and why.

What States Don’t Allow Draftkings?

Federal law does not declare that gambling is illegal, however, there are specific state laws that do not allow for online gambling.

Here follows a list of the states where you cannot register a Draftkings account:

  • Alabama
  • Arizona
  • Hawaii
  • Idaho
  • Iowa
  • Louisiana
  • Montana
  • Nevada
  • Washington
  • Texas

There is a different set of legal precedents that do not allow Draftkings to operate, but we’ll discuss that separately later on in the article.

There are certain states that limit the age that you have to be to play Draftkings. For example, Nebraska only allows you to sign up to Draftkings if you’re 19. In Massachusetts, you have to be 21 years old to play Draftkings.

But what are the reasons that these states do not allow you to use Draftkings?

Which States Do Not Allow Draftkings (With Reasons Why)

The Reasons That These States Won’t Allow Draftkings

There was a federal bill that was passed in 2006 called the Unlawful Internet Gambling Enforcement Act (UIGEA), which was designed to stamp out the huge boom in online poker that was causing large amounts of people to get into debt or even go bankrupt.

However, there were certain loopholes that were created to allow exceptions to this law. One of those was betting on online horse racing and fantasy sports, of which Draftkings is one.

The reason that these sports were allowed in most states is because there were deemed games of skill. But leaving it up to luck, then meant that your chances of winning were largely out of your control.

However, the fact that poker does require some skill has been a source of contention on this law for quite some time.

This all comes down to whether a state deems the sport in question illegal. In the case of the above states, the state attorney has ruled that the sport is deemed illegal, possibly because it is not considered to involve the same skill as other betting sites

This is a source of contention, especially with Draft kings themselves, who have taken a few cases where they have been deemed ‘illegal gambling’ to court.

What About Texas?

Texas is a state that has considered fantasy sport illegal, therefore Draftkings is unable to operate in this territory. This is because fantasy sports I not regarded as one that involves any skill.

However, Draftkings is fighting this ruling in court, with some players being able to trade NFTs on this platform, as it involves a simple transaction of goods for services and does not require any betting or gambling of any sort.

What US States Condone Gambling?

Here is a list of states in which Draftkings and other fantasy sportsbooks can operate:

  • Arkasas
  • Colorado
  • Connecticut
  • Delaware
  • Indiana
  • Kansas
  • Maine
  • Massachusetts
  • Missiouri
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • Ohio
  • Pennsylvania
  • Tennessee
  • Vermont
  • Virginia

These are the states that categorically allow you to bet on fantasy sports for money. There is no confusion as to the legality of this action. However, there are one or two states that do have certain caveats.

In Connecticut, for example, there has to be an agreement with certain Native American tribes in the area who also have a fantasy sports pact. This is to ensure that there is no legal conflict between these two parties.

Frequently Asked Questions

Is Draftkings Legal In America?

In most of America, gambling on fantasy sports is legal except in the 10 states that we have listed above. Before gambling, you should always be aware of the local laws around gambling in your state, although most of these websites will not allow you to perform an illegal activity.

Can I Get Arrested For Accessing Draftkings In My State?

Draftkings will automatically local you on their servers and will prohibit you from registering an account if you live in a state where online gambling is regarded as illegal.

Can I Access Other Fantasy Sports Websites Such As Fanduel In My State?

Again, as with Draftkings, Fanduel accounts will be subject to the same laws that apply to fantasy sports betting. If you live in Texas, for example, you won’t be allowed to access Fanduel because of agreements that have been made with the state of Texas.

Conclusion

We hope that our guide to state laws around fantasy sports gambling has given you a better idea of what your rights and what might be prohibited in your state.

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Dave Selby
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