DraftKings doesn’t have a gaming license in Nevada. How can it promote its presence?

DraftKings promotes its availability in every state, despite having withdrawn its pending sports‑wagering applications in Nevada last November. The Boston‑based company ran numerous television spots during Little League World Series broadcasts, claiming it operates in all 50 states. Although it maintains no sportsbook or online presence in Nevada, its website describes itself as a participant in “DraftKings Predictions” in Nevada and 47 other jurisdictions, including Hawaii and Utah—states where all forms of gambling are prohibited. In addition to the Predictions offering, DraftKings runs “free‑to‑play” contests that are permissible under Nevada law. The Review‑Journal was unable to obtain comment from a DraftKings representative. “DraftKings Predictions” is a predictions marketplace launched in December that functions similarly to Kalshi, a rival with which the Nevada Gaming Control Board has been involved in legal disputes since March 2025. Regulators’ attention to the conflict with Kalshi was renewed after the Ninth Circuit Court of Appeals ruled on Friday that Nevada gaming authorities may oversee the platform. The court also stated that supervision of firms like Kalshi falls under the Commodity Futures Trading Commission. That decision opposes a ruling from the Third Circuit Court of Appeals in Philadelphia on April 6, which held in a split decision that New Jersey cannot regulate Kalshi’s service. The case could take another turn this week, as New Jersey has until Thursday to appeal the Third Circuit ruling. Industry analysts expect the matter to ultimately reach the U.S. Supreme Court for final resolution. Although the Control Board approved DraftKings’ withdrawal of its sports‑wagering applications in Nevada, the board warned that it had become clear that “DraftKings intends to prosecute unlawful activities related to sports lawsuit contracts. This behaviour is incompatible with their quality to enactment successful Nevada’s gaming industry.” Control Board Chairman Mike Dreitzer notified Nevada licensees on November 12 that DraftKings, Flutter Entertainment PLC, and rival FanDuel had all withdrawn their applications from the state. “The committee considers offering sports lawsuit contracts to represent wagering enactment nether NRS 463.0193 and 463.01962,” Dreitzer’s memorandum stated. “Wagering occurs whether the declaration is listed connected an speech regulated by the Commodity Futures Trading Commission or elsewhere,” the memo added. “Examples of lawsuit contracts that the committee specifically considers to beryllium wagering taxable to its jurisdiction see lawsuit contracts based connected the outcome, successful full or successful part, of immoderate sporting event, or immoderate different event, specified arsenic the Super Bowl, the World Series of Poker, the Oscars, Esports, and governmental elections. Offerings for these events whitethorn be conducted successful Nevada lone if the offering entity possesses a nonrestricted gaming licence with sports excavation support successful Nevada and meets the different requirements for sports wagering including, without limitation, wagering accounts and sports publication systems.”