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No Kmart coupon code needed at checkout. Get Deal. Other stuff? Before setting off in an RCZ R you need to check your shoes. The answer sometimes is written in statutes controlling sweepstakes: The law often requires that the free game be only used as a promotion to sell another product or service. Since many of these casino Web sites do not offer anything other than games, they do not meet the requirements of the law and would be considered gambling.

Many jurisdictions do not put in the extra requirement that the no-purchasenecessary sweepstakes be used only as a commercial promotion of another product or service. In that case, the court has to decide whether this game is legitimate. Do players entering for free have the same chances of winning as players playing for money? The answer almost always is no, players using credit cards can buy more chips and greatly increase their chances of winning.

It should also be noted that most states have passed statutes specifically covering casino-style gambling games, even with free alternative means of entry. In those states, if any player pays money to play, the game becomes an illegal form of gambling.

Chance Even if a game costs money to enter and therefore has consideration, and the winner will receive a thing of value, a prize, the contest is technically not 42 See Jennifer L Collins Internet Sweepstakes: Marketing Tool or Minefield? This test is stated in different ways by different courts. Where does skill stop, and chance begin? The deciding factor lies in the individual bettor s participation in the event and control over the results. The less input and control a bettor has over the outcome of the contest, the higher the likelihood it is a game of chance.

In a true game of skill, moreover, there is no house participating as a player, and no third party can place a wager on a contest between actual participants. Most jurisdictions hold that the element of chance is supplied if luck enters in at any point as a substantial factor in determining the outcome.

As the official commentator to the New York anti-gambling laws put it: Gambling is not defined purely in terms of betting or risking something of value upon a contest of chance. The point may be illustrated by considering a chess game between A and B, with A and B betting against each other and X and Y making a side bet. Despite the character of the game itself as one of pure skill, X and Y are gambling because, from their standpoints, the outcome depends upon chance in the sense that neither has any control or influence over it.

The same is not true of A and B, who are pitting their skills against each other; they, therefore, are not gambling. It is this feature that requires the definition of gambling to embrace not only a person who wagers or stakes something upon a game of chance but also one who wagers on a future contingent event [whether involving chance or skill] not under his control or influence.

Therefore the operators of a crooked gambling scheme, while clearly fraudulent, could not be prosecuted for gambling, as the element of chance had been removed. Every activity imaginable fits somewhere between the two points. For games played on-line, roulette would seem to be a game entirely on the chance end, with chess, especially tournament chess, on the skill end.

Of course every game requires some skill. There are millions of Americans who cannot play roulette at an Internet casino because they cannot figure out 43 A game has been defined as a contest for success or superiority in a trial of chance, skill, or endurance. When used in connection with gambling, a game is anything that is used as a means of playing for money or other stakes, with the result depending more on chance than on skill.

Wisconsin players were enticed to bet on horse races in Arkansas, not knowing the races had already run, but the operators had private phone and radio links for inside information. The fact that the race results had already been determined, if not announced, by the time the bets were made, persuaded the Court that the element of chance was not involved.

See U. Bergland, F. And roulette allows some choices, including one wager 46 which offers different odds from other wagers. The noted mathematician, Dr. Edward O. Thorp, showed that a skillful player can increase his chances of winning at a real-world roulette wheel, even if the wheel is not off-balance, because the croupiers, being human, tend to spin the wheel with an identical amount of force, spin after spin.

There are undoubtedly players who have figured out ways to beat the simulated roulette of an Internet casino, perhaps by deconstructing the algorithms. Of course, these players are not publicizing their successes. Chess would appear to be entirely skill, since there are no hidden pieces, no chance factor such as a roll of dice.

But if chess were just a matter of skill, the most skilled player should always win. Chess contains so much skill that it can have rankings. But even ignoring random factors like whether a player has a head cold, chess is an activity involving human beings and human interactions and is thus unpredictable. It should be noted that all human activities, even those not involving psychology, involve some luck.

Farming, subject to the vagaries of the weather and commodities prices, involves individuals risking time and money in an effort to obtain more money. But farming will never be outlawed as a form of gambling. No court requires that every player be able to beat the game. But simply because a very few players can win does not turn a game into a game of skill, otherwise blackjack would qualify. The toughest standard requires that the average player be able to win under average circumstances.

Most courts, especially trial courts, are more lenient, and will declare games to be predominantly skill if chance really plays a minor role. Courts have developed various tests to determine whether a game is one of skill or luck. Some of the major characteristics of a game of skill are as follows: 1. A skillful player will win more than an unskillful one.

The Oregon Supreme Court gave an example: Take, for instance, the great American game of poker; we have no doubt, if a couple of gamblers sat down to play this game against a couple of ministers, who presumably do not indulge in it, that the ministers would soon be destitute of chips and the gamblers pile augment accordingly Skill can be learned from experience, from real or mock play. Play improves with experience. All the experience in the world cannot help a slot machine or lottery player.

Randall, P. This is particularly true of games played with cards and dice, but applies to almost all other games. Backgammon has been a consistently difficult game to categorize since a skillful player will win over time, but a lucky player may win in the short run. Skill games require psychological skill. This is obviously limited to games involving play against other human beings.

A player must know how to read people and how to predict or influence the actions of others. Player participation changes the result. The Ohio legislature created separate statutory prohibitions on games of chance and scheme of chance, explicitly including a lottery. The Ohio Supreme Court analyzed the difference in terms of the control, however nebulous, the participant has. Skill can be learned from reading. In determining that the card game of bridge was a game of skill and not a game of chance the Supreme Court of California pointed to the large body of books and periodicals discussing strategy for playing the game.

The existence of such a large amount of literature designed to increase the player s skill is a persuasive indication that bridge is not predominantly a game of chance The opinion of the community. Common sense tells us that some games require skill. Someone who knows virtually nothing about the game might be willing to buy lottery tickets every day for a year, and no one would criticize him for his poor plays.

But we would all think that same person was crazy if he took an identical amount of money and without knowing the game played against a professional poker player. An amateur can buy a lottery ticket, and might even win. But the amateur will lose, even in the short run, against an experienced and knowledgeable poker player. It is possible that even sports betting could be run as a skill game, if the chance element can be factored out.

This usually requires that the game be conducted as a tournament. A lucky bettor might win a single bet. But by keeping records, it is possible to show that chance drops out over time and skillful players win tournaments. For the Internet, the easiest way to run a skill game is to have a tournament, where chance equalizes out over time. Players play only against other players, never the house, with a guaranteed prize to the winner.

Interesting and fun skill games are difficult to design, especially when players cannot be penalized simply because they have slow modems. The amount of luck or skill involved in any game has always been important in determining whether or not the game is a form of gambling.

Some courts have gone further and looked at the amount of skill and luck to determine 48 In re Allen, 27 Cal. Federal law has adopted the pure chance rule, meaning a game with virtually no skill is a lottery. This does not mean that a game with some skill is legal, just that it is not a lottery. The federal antilottery laws are not the only prohibitions on gambling enacted by the United States Congress.

No federal court should find an on-line bookie, accepting regular bets on sports events, is running a lottery. Gambling schemes where winning depends on skill or judgment are not like a lottery in which success is determined by pure chance and is thus specially attractive to the inexperienced and the ignorant.

The Missouri Supreme Court ruled that slot machines and bingo were lotteries and could not be played on the state s riverboat casinos, due to a state constitutional prohibition on lotteries. Blackjack was allowed, because, although it was still predominantly chance and therefore gambling, it did not fall under the prohibitions on lotteries.

Backers of the riverboats reacted by getting the voters to amend the state constitution. Most states do not draw the line between lotteries and other forms of gambling by looking at the amount of skill involved. Instead, they look at factors such as whether players have to go to a particular place and participate in the play of a game, or merely buy a ticket and wait for a drawing.

A few states have begun regulating contests of skill, to ensure the games give fair notice, are not rigged, and the winner is paid. California is typical. C Governor of State of Delaware, Supp Del. Coats, Or. Keller, 18 Cal. Many laws regulating contests of skill, including California s, are stated in the negative: that is illegal not to do certain acts, like give adequate notice.

Because these laws are written as reactions to specific problems that occurred, they often contain language that talks about mailings or puzzles. A The maximum number of puzzles or games which may be necessary B The maximum amount of money, including the maximum cost of any postage and handling fees, which a participant may be asked to pay C That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle.

D The date or dates on or before which the contest will terminate E The method of determining prize winners if a tie remains F All rules, regulations, terms, and conditions of the contest. B Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free There are also detailed rules requiring record keeping, refunding entry fees under some circumstances, and making available names of all winners.

Disney s partner, Skillgames, was supposed to officially launch its Web site, Skillgames. This particular project may have evaporated into the vaporweb because no longer exists. But the question remains, is Disney gambling on gambling? Disney executives say, No.

A visit to the Web site in May showed they are probably right. Play was suspended when the site went into its Beta Launch and never returned. The details are bound to change. But the interesting question is how can Disney be thinking about operating games for money at all? The answer is they plan to offer only games of skill, not of chance.

The trick is to create a game that is both playable, with an outcome that depends more on skill than luck. The law requires that it must be possible for a skillful player to win under normal playing conditions. Of course, with a true game of skill, the first skillful player could break the bank. So, Skillgames. A player who had won an amount equal to a game s top prize could never play that game again. Disney did tip a toe into the legal gambling waters a few years ago, when it announced it would start a lottery TV show.

Viewers in states with state lotteries could play over the air; a no-purchase-necessary sweepstakes would be available for non-gamblers. The reaction of the press and public was so immediate, negative, and intense that Disney canceled its plans the next day.

Having learned its lesson, that people do not want to see their children gambling, Skillgames. Disney is still taking a risk, but you don t make billions of dollars by playing it safe. Its major problem is designing an interesting game site that meets the standards of the law, when the law is decades or even centuries out of date.

What happens when you mix a law passed in with Internet technology developed in the twenty-first century? Disney has to worry not only about being accused of gambling, but meeting the standards some states have imposed on games of skill. The company s lawyers put in a lot of time, and came up with the following limitations: Players must reside in one of the 50 states or the District of Columbia and be at least 18 years old, except in Nebraska and Alabama, where they must be at least 19, and Mississippi, where the minimum age is Players may not be residents of Arizona, Connecticut, or Vermont.

Why these states? Arizona has a very low limit on prizes. Connecticut has a higher limit, but until recently made it difficult to advertise games of skill. As for Vermont, in the state legislature passed a law, which is still on the books: A person who pays money or other valuable thing lost at a game or sport or horse race may recover the value thereof of the person to whom it was paid in a civil action, if commenced within one month from the time of payment.

In the only two reported cases involving this ancient law, in and , the Supreme Court of Vermont said the law does not apply to gambling wagers, but anyone who loses money at a game of skill can sue and get his or her money back. A rival site, WorldWinner.

Why the difference? In part, it is because the lawyers for the two companies came to different conclusions about the laws of the various states. But also WorldWinner runs tournaments only; with Skillgames, you had to beat the site s computer, not other players. They may both be wrong. In Nevada, for example, the state Supreme Court. The Court indicated tournaments cannot offer prizes created out of the entry fees of players.

And the Nevada Attorney General is one law enforcement official who would love to go after anything that smacks of illegal gambling on the Internet. Prize If no prize can be won, the activity in question is classified as an amusement game, not gambling. When machines give free replays for high scores, are these replays of value and therefore prizes?

The overwhelming majority of jurisdictions differentiate between a free replay and a credit which can be redeemed for cash or merchandise. There is virtually no danger of violating any federal or state law for on-line games, even gambling style games, in which the prizes are merely free replays. There are no cases on record of an Internet operator being accused of violating an anti-gambling law, when players can only win more game time or another round of the game. This is true even if players are paying to participate and the outcome of the game is determined by chance.

However, if players can turn in free replays for cash or merchandise, then the replays are generally held to be credits, and a prize of value. For Nevada Casinos a Non-wager Is a Wager Just about every jurisdiction in the world agrees with the above analysis, that gambling requires the three elements of consideration, chance and prize.

This applies both on and off the Internet. The one significant exception is Nevada the only state in the United States, and probably the only government in the world, to conclude that players are making wagers when they are not making wagers. The Attorney General of Nevada has declared that betting nothing for something can be an illegal wager. Attorneys from the Board and Attorney General s office had meetings and conference calls with representatives of MGM and the game designers, Silicon Gaming and its subsidiary, WagerWorks.

Frankie Sue Del Papa, as Attorney 55 The arrangements for tracking and recording free plays are, by extension, often dispositive of whether they are actually part of gambling transactions. Sixteen Electronic Gambling Machines, F. The A. Opinion explicitly held that instant incentives, which entitle Web site patrons to receive randomly awarded prizes or sweepstakes tickets, are not gambling. MGM can also offer redeemable casino points, based on time spent at the site.

But the Opinion declares that it is a wagering activity if prizes are given to winners of free, for-fun casino games on-line, like virtual blackjack, roulette or some other traditional casino game. The Attorney General justified the rather startling idea that a player can be making a wager without the possibility of losing anything by pointing to a act of the state legislature.

Nevada lawmakers, in response to some tax and bankruptcy cases, amended the statutory definition of wager. A wager now includes risking not only money, but also a representative of value. A representative of value was defined to mean any instrumentality used by a patron in a game whether or not the instrumentality may be redeemed for cash ; which would include gaming chips. The legislature and casino lobbyists were probably thinking of chips that were redeemable for merchandise, but not for cash.

Also, the change enabled casinos to deduct jackpots awarded on free-play slot promotions as losses when they calculated gross gaming revenue for taxes. And it helped to ensure that casinos would not have to pay back money they had received from a person who then declares bankruptcy. But the Attorney General has now extended the statute to the Internet.

Which means that Nevada licensees, meaning casinos, are the only entities in the civilized world which can run no-purchase-necessary lotteries but not no-purchasenecessary casino games. Free Dollars on Internet Casinos Gambling operators want to demonstrate their games to potential players. They often offer new players the opportunity to try out the games for free. First time visitors are given demo money or chips. Since these players are spending nothing, other than their time, there is no consideration and thus no gambling, even if valuable prizes can be won.

But other operators are offering incentives which look like free demo money, knowing that many will want to then play for real money. To attract customers in an increasingly competitive market many on-line casinos offer bonus dollars for signing up. Since these ghost dollars can be used to make actual winning bets requiring actual money payoffs and thus are capable of turning in a win, they clearly do not fit in the demo category.

All lotteries are gambling, but not all forms of gambling are lotteries. The same holds true for gaming and wagering. The distinctions are based on historic accidents: precedent, tradition, the moral sentiments of the time, and political currents. What follows is a description of each format and its development in both U. Lotteries The concept of pooling wagers, betting on a winning number or token, to be drawn by chance, dates from remote antiquity and retains its appeal today.

We deal here with lotteries separately because of their unique legal position as state approved and sponsored entities. In their current form, lotteries are classified by the method used to determine a winner. Essentially there are two types: instant scratcher-type and so-called on-line. This does not refer to the Internet, but to the statewide circuit of ticket machines which feed the ticket purchase data to the central database. A particular lottery program or business can, and usually does, offer both types.

Usually no other types of games are offered, although this can vary. American Lottery Development Lotteries were outlawed in the U. Many states still have laws dating from the Louisiana Lottery Scandal in the s on their books that outlaw not only lottery operations in state suitably modified, of course, to permit the indigenous action but possession of out-of-state lottery tickets mainly unenforced. Mississippi Constitution of A number of states do not specifically ban any form of gambling other than lotteries, as a result of lottery scandals in the s and s.

LAWS ; N. It is worth noting that while sale, and even possession, of out-of-state lottery tickets is banned in a number of jurisdictions in this fashion, it is unheard of for a liquor store or gas station to refuse an out-of-state traveler the right to buy tickets to the local lottery!

Most grant licenses to private operators. Lotteries and the Internet: Expansion vs. Jurisdictional Holds At present no state lottery in the U. The line between Internet marketing and Internet playing, however, is becoming increasingly blurred. The Georgia House of Representatives voted overwhelmingly in favor of a bill which would allow anyone in the state to set up a Georgia Peach Account to allow on-line purchases of state lottery tickets by debit and credit cards.

The bill still needs, as of this writing, to pass the State Senate, before Georgia becomes the first state in the U. Indirect Participation Each state lottery has a Web page, and uses it to post results of daily and weekly drawings, press releases, and so on.

There are, additionally, the for fun games actually tutorials on how to play the real ones. And the Web pages can be used to help lottery play more directly. In , Indiana s state lottery sponsored second chance drawings for its three- and four-number draws, and these could be entered by previous ticket purchasers only via the Internet. This was merely a continuation of the telephone entry programs offered by such states as California and Massachusetts in the s.

Any player in the state with a losing paper lottery ticket could enter by calling an or number. A number of other lotteries use their Web pages in a semi-interactive mode, to post second and even third chance drawings for tickets which contained one or more, but not all of the latest lucky numbers. The number games are legally not gambling at least that part of the game which requires only a toll-free telephone call but the number games were true lotteries, because players could bet more, by dialing the number, for the chance of winning more.

Copyright , all rights reserved worldwide. Internet Sweepstakes, Contests and Games Article contributed. Storefront commercial business sale. Risky Business Simone, Paula, and Randy meet in the library every. Model Regulation Service - January These Guidelines have been prepared for use by state insurance department personnel who may be presented with questions or concerns regarding charitable gifts of.

Please note although. Review of American gaming law B. Review of Canadian gaming law C. Fitzgerald, Esq. Wesley Strickland FACT: This is an urban myth. All modern slot machines are state-of-the-art and controlled.

A Consumer s Guide to Sweepstakes and Lotteries A Consumer s Guide to Sweepstakes and Lotteries Direct mail sweepstakes promotions offer consumers the chance to win money and prizes in return for opening. Advice on non-commercial and private gaming and betting November Contents 1 Introduction 3 2 Defining non-commercial and private gaming and betting 3 3 Non-commercial prize gaming 4 4 Non-commercial.

FAQ: What is a sweepstakes? Michigan law does not define the term sweepstakes. By common definition, sweepstakes are advertising or promotional devices by which items of value prizes are awarded to participating. With COLI, the employer is generally the applicant,. Alabama any other person called upon to render aid to any child ALA. CODE a paid employees of domestic violence and sexual assault programs, and crisis intervention and.

Alabama does not adopt the Code on a regular basis but instead specifically incorporates only. Portfolio Media. Alabama Ala. Code Bond only required where licensee does not submit evidence of net worth. Loan originators may be covered by Alaska 25, Alaska Stat. Section Can I hold a race night, casino night or poker night?

Click here for printer-friendly version Can I hold a race night or casino night to raise funds for charity? You should read all of the information. Gambling Act and the Gambling Commission The questions, answers and notes below attempt to address potential concerns that may arise from the change in legislation. A great deal of the details of. Neither the seller. Putting Telephone Scams You pay some money to the house. Then a random event is observed; it may be the roll of some dice, the draw of some cards, or the.

Definitions In this chapter, unless the context otherwise requires: 1. Understanding the Federal Courts There are three levels of Federal courts that hear tax cases. At the bottom of the hierarchy,. The net. Lotto Master Formula v. Introduction This book is designed to provide you with all of the knowledge that you will need to be a consistent winner in your local lottery.

Tract, Esq. Guidelines on sales promotion measures when providing gambling Contents 1 Introduction Ticket Requirements


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