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  • mister42

    DK user ‘stevedakota’ the winner of 3rd place and $100,000 in last night’s DraftKings Milly Maker and possibly a lot of other money from other contests last night and before, operates another DFS site.

    According to his twitter bio he is the CEO & co-founder of FantasySpin. FantasySpin describes itself as “daily fantasy” multiple times in its app’s description in the Google Play store.

    By DK’s own rules after the Ethan Haskell situation, he is and has been ineligible to play in public contests. I have reached out to Jon Aguiar, Matt Kalish, and Jason Robins with no response, and I sent DK support an email with no response. Jon Aguiar retweeted stevedakota though during his sweat last night.

    Relevant screenshots attached.

    https://i.imgur.com/zz5oXOi.png
    .
    https://i.imgur.com/DgpHavB.jpg
    .
    https://i.imgur.com/ZC4lEsb.png
    .
    https://i.imgur.com/FZoWcci.png

  • mister42

    Sorry if those images are appearing huge for everyone else. I’ll just convert them to links

  • hendry

    it doesnt seem like you’re wrong.

  • tmarohl

    It will be interesting to see if DK responds. All we need is another controversy in this industry.

  • Roma315

    I thought it only applied to people who work for DK or FD. I may be wrong.

    Also Quick question do you check all the top finishes and background check them?

  • divusjulius

    • Blogger of the Month

    could someone quote the relevant rule here? i know employees of DK cannot play on DK.

  • blenderhd

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    It’s in the DK terms of use under the “conditions of participation” section: https://www.draftkings.com/terms-of-use

    These Terms prohibit entering a Contest if the entrant is:
    An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;

  • yisman

    interesting

  • slicktornewman

    @blenderhd said...

    An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person

    It seems obvious the conditions of participation as stated above have been violated. Some of DK’s terms of use are rather ambiguous but that’s not the case this time IMO. Curious to see how this plays out.

  • MikeMineo

    @blenderhd said...

    An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;

    I’m guessing that in legalese they will claim “any daily fantasy site” refers to only the likes of Fanduel/Draftkings/etc and not the tout sites or “fantasy games” where player salaries aren’t involved. DK’s lawyer would probably argue that “FantasySpin” bears no resemblance to their Draftkings product (while using Fanduel and FantasyDraft and Yahoo as examples of actual “daily fantasy sites” that do), and thus isn’t a “daily fantasy site.”

    his shoddy-looking site/app “FantasySpin” isn’t a daily fantasy site, per say — it’s a “patented mobile fantasy sports game.” The word “daily” isn’t in their patent or product description. If he did refer to it as a “daily fantasy sports” platform at any point, he’ll just deem it a mistake and replace any mention of that with “mobile fantasy game” or something. It looks like a casino game or something akin to ESPN’s “Beat the Streak” more than a daily fantasy sports platform, undoubtedly.

    so he’s entirely eligible. it’s just employees of actual DFS sites that are not eligible, aka Ethan Haskell, Aguilar, etc. if you saw them entered in a public DK contest, then yeah — they would have broken their TOS. but DK is serious about that stuff.

    Rotogrinders and employees of every other tout site don’t fall under the “daily fantasy site” umbrella, I presume, since they aren’t in possession of any advantageous information and their service is limited to optimizers and written content, instead of an actual DFS service.

    these TOS have been intensely vetted by a team of lawyers who go under each and every aspect of wording and phrasing. nothing’s coming from this.

  • MRCOOKONUTS

    @Roma315 said...

    I thought it only applied to people who work for DK or FD. I may be wrong.

    Also Quick question do you check all the top finishes and background check them?

    It would be awesome if he did..

  • mister42

    @Roma315 said...

    I thought it only applied to people who work for DK or FD. I may be wrong.

    Also Quick question do you check all the top finishes and background check them?

    I don’t. I just saw this guy because Aguilar retweeted him.

  • mister42

    He has clearly been alerted of the language of “daily fantasy” in his app’s description on the Google Play store in regards to this violation because it has now been updated and omitted

  • RikkiDee

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    this is more of a non issue than players kneeling for the anthem

  • Gqinxs

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    @RikkiDee said...

    this is more of a non issue than players kneeling for the anthem

  • markoeasylb

    interesting

  • Zieg30

    @RikkiDee said...

    this is more of a non issue than players kneeling for the anthem

    Seems like a lot of sour grapes to me. Just be happy for the guy. Even if his mobile site may stray into the land of daily fantasy, he’s a nothing player in the world and certainly not the type of daily fantasy site employee the T&S is targeted at.

    That someone would actually care about this, or take the time to try and get this guy’s big life-changing win withheld on a possible technicality, is really sad to see. It’s mean more than anything.

  • hendry

    @Zieg30 said...

    technicality

    isn’t any rules violation a technicality by definition?

  • joonbae

    • Blogger of the Month

    @Zieg30 said...

    Seems like a lot of sour grapes to me. Just be happy for the guy. Even if his mobile site may stray into the land of daily fantasy, he’s a nothing player in the world and certainly not the type of daily fantasy site employee the T&S is targeted at.

    That someone would actually care about this, or take the time to try and get this guy’s big life-changing win withheld on a possible technicality, is really sad to see. It’s mean more than anything.

    What a strange argument or counter. So, let’s see … the point is to … Forget about rules. If a 12 yr old sneaks into a casino and pulls a slot machine and wins the progressive jackpot, let’s just give him the prize since we don’t want to be accused of having sour grapes and it’s life changing money. And, let’s remember that the DFS T&S in spirit certainly did not mean what it spelled out in plain English. Instead, it was intended really for employees of their own and other third party sites that had more than $100M in daily transactional value plus 13.5 employees, and located in the top ten metro areas.

    Geez …

  • WidumBoise

  • mister42

    @Zieg30 said...

    Seems like a lot of sour grapes to me. Just be happy for the guy. Even if his mobile site may stray into the land of daily fantasy, he’s a nothing player in the world and certainly not the type of daily fantasy site employee the T&S is targeted at.

    That someone would actually care about this, or take the time to try and get this guy’s big life-changing win withheld on a possible technicality, is really sad to see. It’s mean more than anything.

    Rules are rules and if they’re not there to be enforced, then what are they there for?

  • mister42

    After not receiving a reply to 3 support emails, I clicked the button to escalate it to a higher level team member and told them I could either email with them, or I could email the media… then I got this reply:

    https://i.imgur.com/PtYUYOh.png

    I replied demanding transparency because rule breaking is a matter of public interest and it is owed to those who follow the rules, or I would go to the media. It didn’t work when people wanted papagates/chipotleaddict investigated but oh well. I don’t care if it is petty; I want the rules enforced.

  • slicktornewman

    @mister42 said...

    Rules are rules and if they’re not there to be enforced, then what are they there for?

    Apparently in the DFS world rules are in place for DFS sites to reference them only when they actually want to enforce something.

  • noddy

    Oh geez now they’ll have to raise the rake again

  • Shipmymoney

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    @mister42 said...

    After not receiving a reply to 3 support emails, I clicked the button to escalate it to a higher level team member and told them I could either email with them, or I could email the media… then I got this reply:

    https://i.imgur.com/PtYUYOh.png

    I replied demanding transparency because rule breaking is a matter of public interest and it is owed to those who follow the rules, or I would go to the media. It didn’t work when people wanted papagates/chipotleaddict investigated but oh well. I don’t care if it is petty; I want the rules enforced.

    You cannot be serious. This guy doesn’t operate a fantasy sports site. He created a slot machine style app that features NFL players. There are no salaries or roster construction, outside of locking in players the same way you hold cards in video poker. There is no possible edge that could be gained by him playing on DK or someone from DK playing his app.

  • NTCNDelight

    Don’t see anything in their TOS that notates there must be salaries or roster construction or an edge gained as the below quote is verbatim of their TOS. (Please feel free to show me where it says salaries???)

    “An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person”

    The person a few posts up made a MUCH BETTER argument then you just have that they could challenge is it a “Daily Fantasy Site” and

    Also to your inaccurate point, so DK pickem contests no salaries, no roster construction, hmmm sounds similar.

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