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

Digital sports-betting company DraftKings advertises that it operates in all 50 states — even though it withdrew its pending sports wagering licenses in Nevada in November.

The Boston-based company ran numerous television ads over the weekend during Little League World Series broadcasts touting operations in every state. While the company doesn’t have a sportsbook or an online presence in the state, its website says it considers itself an operator of “DraftKings Predictions” in Nevada and 47 other states, including Hawaii and Utah. Those states say all forms of gambling are illegal within their borders.

In addition to its Predictions product, DraftKings operates legal “free to play” contests within Nevada.

The Review-Journal was unsuccessful in reaching a DraftKings representative for further comment.

“DraftKings Predictions” is a predictions market the company launched in December that operates the same way as market leader Kalshi, a competitor with which the Gaming Control Board has been engaged in legal battles since March 2025.

The state’s battle with Kalshi is fresh in regulators’ minds, as the 9th Circuit Court of Appeals on Friday affirmed that Nevada gaming regulators can oversee the platform. The court also said the oversight of companies like Kalshi is the domain of the Commodity Futures Trading Commission.

The Friday 9th Circuit ruling contradicts a 3rd U.S. Circuit Court of Appeals ruling in Philadelphia on April 6, which said in a split decision that New Jersey can’t regulate Kalshi’s platform. The case could take another turn later this week since New Jersey has until Thursday to appeal the 3rd Circuit ruling.

Gaming industry analysts are convinced that the matter ultimately would go to the U.S. Supreme Court for final adjudication.

While the Control Board granted DraftKings’ withdrawal of its applications tied to sports wagering in Nevada, the board said it has been made clear that “DraftKings intends to engage in unlawful activities related to sports event contracts. This conduct is incompatible with their ability to participate in Nevada’s gaming industry.”

Control Board Chairman Mike Dreitzer issued a notice to Nevada licensees on Nov. 12 that DraftKings as well as Flutter Entertainment PLC and DraftKings rival FanDuel all withdrew their applications from Nevada.

“The board considers offering sports event contracts to constitute wagering activity under NRS 463.0193 and 463.01962,” Dreitzer’s memorandum said.

“Wagering occurs whether the contract is listed on an exchange regulated by the Commodity Futures Trading Commission or elsewhere,” the memo said. “Examples of event contracts that the board specifically considers to be wagering subject to its jurisdiction include event contracts based on the outcome, in whole or in part, of any sporting event, or any other event, such as the Super Bowl, the World Series of Poker, the Oscars, Esports, and political elections. Offerings for these events may be conducted in Nevada only if the offering entity possesses a nonrestricted gaming license with sports pool approval in Nevada and meets the other requirements for sports wagering including, without limitation, wagering accounts and sports book systems.”

Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on X.