DraftKings (DKNG): what its 10-K says it depends on

Suppliers

Amazon Web Services (AWS)

depends onnamed as a risk

We host certain of our product offerings and support our operations using Amazon Web Services (“AWS”), a third-party provider of cloud infrastructure services, along with other service providers.Risk factors (Item 1A)

Also named by AAON, ABNB, ADSK, AIOT, BLK, CARR, CG, COF and 56 more

Third-party payment processors

depends onnamed as a risk

We rely on a limited number of third-party payment processors to process deposits and withdrawals made by our users.Risk factors (Item 1A)

Also named by CART, COST, EBAY, EXPE, GDDY, KR, RBLX, TOST

Wedbush Securities Inc.

depends onnamed as a risk

We rely on third-party market infrastructure providers, including Wedbush Securities Inc. (“Wedbush”) in its capacity as our futures commission merchant (“FCM”) and Chicago Mercantile Exchange Inc. (“CME”) and Crypto.com | Derivatives North America (“CDNA”), each in their capacities as the DCMs on which our prediction markets are listed and derivatives clearing organizations (“DCO”) that clear and settle such contracts.Risk factors (Item 1A)

Sportradar

depends onnamed as a risk

We rely on third-party sports data providers, such as SportRadar and Genius Sports, among others, to obtain accurate information regarding schedules, results, performance and outcomes of sporting events for our Sportsbook and DFS products.Risk factors (Item 1A)

Genius Sports

depends onnamed as a risk

We rely on third-party sports data providers, such as SportRadar and Genius Sports, among others, to obtain accurate information regarding schedules, results, performance and outcomes of sporting events for our Sportsbook and DFS products.Risk factors (Item 1A)

Third-party geolocation and identity verification providers

depends onnamed as a risk

We rely on our geolocation and identity verification systems to ensure we are in compliance with certain applicable laws and regulations, and any service disruption to those systems would prohibit us from operating our product offerings and would adversely affect our business.Risk factors (Item 1A)

International Gaming Technology

depends on

Our iGaming product offering consists of a combination of games that we have built in-house and licensed content from suppliers such as International Gaming Technology, Light & Wonder Inc., Spin and Evolution for live dealer services.Business (Item 1)

Light & Wonder Inc.

depends on

Our iGaming product offering consists of a combination of games that we have built in-house and licensed content from suppliers such as International Gaming Technology, Light & Wonder Inc., Spin and Evolution for live dealer services.Business (Item 1)

Evolution

depends on

Our iGaming product offering consists of a combination of games that we have built in-house and licensed content from suppliers such as International Gaming Technology, Light & Wonder Inc., Spin and Evolution for live dealer services.Business (Item 1)

Partners and platforms

Apple App Store

depends onnamed as a risk

We derive nearly all of our revenue through product offerings distributed via the Apple App Store, Google Play Store and via traditional websites.Business (Item 1)

Also named by APP, COIN, INTU, MELI, RBLX, SIRI, U, UBER and 2 more

Google Play Store

depends onnamed as a risk

The Google Play Store and Apple App Store are global application distribution platforms and the main distribution channels for our apps.Risk factors (Item 1A)

Also named by APP, COIN, INTU, RBLX, U

Chicago Mercantile Exchange Inc. (CME)

depends onnamed as a risk

Because our prediction markets offering relies on a limited number of key third-party providers for FCM, exchange, clearing and market-making services, we are exposed to significant third-party and concentration risk.Risk factors (Item 1A)

Crypto.com | Derivatives North America (CDNA)

depends onnamed as a risk

We also rely upon CME’s and CDNA’s market makers that provide liquidity in certain of our prediction markets.Risk factors (Item 1A)

Casino, tribal and racetrack market access partners (skins)

depends onnamed as a risk

In most of the jurisdictions in which we offer Sportsbook and iGaming, we currently rely on a casino, tribe or track in order to get a “skin.”Risk factors (Item 1A)

ESPN

DraftKings is the official sportsbook and odds provider of ESPN, working with that network to responsibly promote DraftKings verticals across Disney properties.Business (Item 1)

Also named by FWONA, SPHR, TKO

Other companies

National Basketball Association (NBA)

concentrated innamed as a risk

As such, our historical revenues generally have been highest in the fourth quarter primarily due to the overlapping time frame of the NFL and NBA seasons.Risk factors (Item 1A)

Also named by CMCSA, LLYVA, MSGS, OWL, SPHR, TTWO

National Football League (NFL)

concentrated innamed as a risk

A majority of our current Sportsbook and DFS handle and entry fees are and will continue to be generated from bets placed on, or contests relating to, the NFL and the NBA.Risk factors (Item 1A)

Also named by CMCSA, DIS, EXTR

Railbird Exchange, LLC

subject tonamed as a risk

If DraftKings Predictions fails to maintain its required capital or if Railbird fails to maintain its required financial resources, they may be subject to suspension or revocation of their registration by regulatory authorities and suspension or expulsion by these regulators could lead to the liquidation of each entity.Business (Item 1)

Places

Israel

operates innamed as a risk

For example, we have offices in Ukraine and Israel, and the military conflict between Russia and Ukraine and conflicts or geopolitical instability in the Middle East and any business interruptions or other spillover effects from such conflicts could adversely affect our operations.Risk factors (Item 1A)

Also named by AIOT, AKAM, AMAT, AMGN, APP, ASTS, AVY, BSX and 31 more

Ukraine

operates innamed as a risk

For example, we have offices in Ukraine and Israel, and the military conflict between Russia and Ukraine and conflicts or geopolitical instability in the Middle East and any business interruptions or other spillover effects from such conflicts could adversely affect our operations.Risk factors (Item 1A)

Also named by C, CL, JLL, LKQ, LSTR, MDLZ, MSFT, NUE and 4 more

Ontario

operates in

Additionally, DraftKings operates its online sports betting product offering in the Canadian province of Ontario pursuant to a registration approved by the Alcohol and Gaming Commission of Ontario.Business (Item 1)

Also named by BWXT, DRVN, ENB, MYRG, OHI, TAP

Regulators

Internal Revenue Service (IRS)

subject to · 0.25%named as a risk

Based on these positions, the IRS has asserted that our DFS entry fees are subject to a federal wagering excise tax at a rate of 0.25%, certain customer winnings should have been reported as wagering income on IRS Form W-2G, we are liable for related withholding obligations, including backup withholding in certain circumstances, and wagering winnings earned by non-U.S. participants may constitute U.S.-source income subject to U.S. withholding tax.Risk factors (Item 1A)

Also named by AAPL, ABNB, ADI, AJG, AMGN, BBSI, BMNR, BRO and 39 more

U.S. Commodity Futures Trading Commission (CFTC)

subject tonamed as a risk

In June 2024, the CFTC proposed a rule amendment, which was withdrawn in February 2026 that would have prohibited us from offering election, sporting and award show event contracts in the future.Risk factors (Item 1A)

Also named by AB, ADM, AGNC, AMG, BAC, BGC, BMNR, C and 35 more

State Attorneys General (DFS legal opinions)

subject tonamed as a risk

In the event that one of those Attorneys General decides to take action on the opinion from their office, we may have to withdraw our paid DFS operations from such state, which could have a material adverse effect on our business, financial condition and results of operations.Risk factors (Item 1A)

Also named by AFRM, MAR, OMF, RBLX

National Futures Association (NFA)

subject to

DraftKings Predictions is registered with the CFTC as an introducing broker (“IB”) and is a member of the National Futures Association (the “NFA”).Business (Item 1)

Also named by SCHW

New Jersey Division of Gaming Enforcement

subject to

As of February 10, 2026, we operate our DraftKings-branded iGaming product offering in New Jersey pursuant to a license granted by the New Jersey Division of Gaming Enforcement, in Connecticut pursuant to a license granted by the State of Connecticut Department of Consumer Protection, in Michigan pursuant to a license granted by the Michigan Gaming Control Board, in the Canadian Province of Ontario pursuant to a license granted by the Alcohol and Gaming Commission of Ontario, in Pennsylvania pursuant to a license granted by the Pennsylvania Gaming Control Board and in West Virginia pursuant to a license granted by the West Virginia Lottery.Business (Item 1)

Also named by HOOD

Michigan Gaming Control Board

subject to

In addition, we operate our GNOG-branded iGaming product offering in Michigan, New Jersey, Pennsylvania, West Virginia, and Ontario, Canada subject to licenses issued by the Michigan Gaming Control Board, the New Jersey Division of Gaming Enforcement, Pennsylvania Gaming Control Board, the West Virginia Lottery and the Alcohol and Gaming Commission of Ontario, respectively.Business (Item 1)

Pennsylvania Gaming Control Board

subject to

In addition, we operate our GNOG-branded iGaming product offering in Michigan, New Jersey, Pennsylvania, West Virginia, and Ontario, Canada subject to licenses issued by the Michigan Gaming Control Board, the New Jersey Division of Gaming Enforcement, Pennsylvania Gaming Control Board, the West Virginia Lottery and the Alcohol and Gaming Commission of Ontario, respectively.Business (Item 1)

Laws and programs

U.S. federal wagering excise tax

subject to · 25 basis pointsnamed as a risk

States also impose substantial tax rates on online sports betting and iGaming revenue in addition to, in the case of online sports betting, the federal excise tax of 25 basis points on the amount of each wager.Risk factors (Item 1A)

General Data Protection Regulation (GDPR)

subject tonamed as a risk

In the context of our European Union ("EU") operations, we may be subject to specific compliance obligations under the GDPR and associated laws and regulations in different EU member states in which we operate.Risk factors (Item 1A)

Also named by A, AB, ABNB, ADBE, ADP, AGX, AIOT, AJG and 100 more

California Consumer Privacy Act

subject tonamed as a risk

We may also face similar compliance risks in connection with requirements under North American privacy and data protection laws, including the California Consumer Privacy Act and its implementing regulations, Virginia’s Consumer Data Protection Act and certain other privacy and data protections laws enacted by other jurisdictions from time to time.Risk factors (Item 1A)

Also named by AAP, AIOT, AKAM, ALL, APP, AYI, BAC, BBSI and 69 more

OECD Pillar Two global minimum tax

subject tonamed as a risk

For example, changes include the enactment of the One Big Beautiful Bill Act (“OBBBA”) and implementation by certain jurisdictions of the Base Erosion and Profit Shifting 2.0 Pillar Two global minimum tax (“GMT”) developed by the Organisation for Economic Co-operation and Development (“OECD”).Risk factors (Item 1A)

Also named by ABNB, ACN, ADI, ADM, ADSK, AKAM, ALB, AMAT and 70 more

Commodity Exchange Act

subject tonamed as a risk

For instance, there are currently numerous lawsuits challenging the CFTC’s exclusive jurisdiction over event contracts under the CEA, with a specific focus on sports event contracts.Business (Item 1)

Also named by CME, HOOD

Wire Act of 1961

subject to

Although there was previous litigation in the First Circuit as to whether the Wire Act applied beyond sports betting, on January 20, 2021, the United States Court of Appeals for the First Circuit held, among other things, that the Wire Act’s prohibitions are limited to bets or wagers on sporting events or contests.Business (Item 1)

Unlawful Internet Gambling Enforcement Act (UIGEA)

subject to

These enforcement laws include the Unlawful Internet Gambling Enforcement Act (the “UIGEA”), the Illegal Gambling Business Act and the Travel Act.Business (Item 1)

Professional and Amateur Sports Protection Act (PASPA)

In striking down PASPA, the U.S. Supreme Court opened the potential for state-by-state authorization of sports betting.Business (Item 1)