Posts Tagged: Games of Skill

Daily Fantasy Sports Update: From Skill v. Chance to Legislative Dance

Sports have given us the Icky Shuffle, the Mark Gastineau sack dance and George “Twinkle Toes” Selkirk.  Perhaps the greatest dance of all has been the state legislatures side-stepping the skill v. chance issue.

I really thought we’d get practical guidance from the Daily Fantasy Sports skill v. chance debate for marketing lawyers to help advise on typical promotional games.  The New York State lawsuits between the NY Attorney General and DraftKings and FanDuel provided just the battleground.  But, alas, it was not meant to be.  Was politics the poison or the antidote?

Since the New York DFS lawsuits began in November 2015, fifteen states have passed laws legalizing DFS – including New York in August 2016.  For those keeping track, DFS is now legal in AK, CO, DE, IN, KS, ME, MD, MA, MS, MO, NH, NJ, NY, PA, TN, VA, VT. (more…)

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Playing for Keeps: Daily Fantasy Football 2016

When the last online fantasy football game was played, the attorneys general of New York, Nevada and Illinois were throwing penalty flags, state legislators was huddling to set the next play, and the daily fantasy sports leagues were taking it on the chin.

Where are we now? Here’s a 50 state survey:

DFS expressly allowed: CO, IN, KS, MD, MA, MS, MO, NY, RI, TN, WV, VA

Contested: AL, DE, GA, HI, ID, IL, NV, SD, TX

Banned: AZ, IO, LA, MT, WA

Proposed legislation: CA, CT, FL, KY, MI, MN, NE, NJ, NM, OK, PA, SC, WI

No legislation: AS, AK, ME, NH, NC, ND, OH, OR, UT, WY

How about this stat: leading up to the 2015 NFL season, daily fantasy sports leagues spent over $750 million in ads – more than the entire beer industry. In 2015, the top two companies had recorded a combined $3 billion in player entry fees. (more…)

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Another One Bites the Dust – Daily Fantasy Sports Update

On Wednesday, the Illinois Attorney General declared daily fantasy sports illegal under Illinois gambling law.  The AG Lisa Madigan gave her opinion in response to a request from two legislators who are pushing to legalize this activity.  Interestingly, the AG believed the issue of whether it is a game of chance or a game of skill is irrelevant because any game played for money under Illinois law is illegal gambling.

The AG sent a letter to counsel for FanDuel and DraftKings expecting them to amend their Terms of Service to include Illinois as a prohibited state.

For now, Illinois joins New York, Arizona, Iowa, Louisiana, Montana, Nevada and Washington as states prohibiting daily fantasy sports. More to follow?

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Upcoming Webinar: “What All Lawyers Must Know About Fantasy Sports Gambling”

On January 20, from 1:00 – 2:30 PM, Rob Laplaca will present a Lorman webinar titled “What All Lawyers Must Know About Fantasy Sports Gambling.” The program will answer the questions on everyone’s minds concerning fantasy sports leagues and attendees will learn the legal basis for the operation of these leagues, as well as the basics concerning the differences between games of chance and games of skill to help understand the crux of the current debate on whether these leagues are operating legally. Attendees will also be kept abreast of the latest developments in this rapidly changing field and learn different options for operating legal fantasy sports leagues.

Information about this webinar is available on the Lorman website. Anyone registering for this webinar via the link provided here will receive a 50% discount on the registration fee for this event.

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What You Need to Know About Sweepstakes and Contests

Sweepstakes

A sweepstakes is a chance promotion where the winners are selected randomly, such as random drawings, giveaways, and instant win games.

There must be no purchase necessary to enter a sweepstakes. Entries with a purchase are permitted, but there must also be a free alternative method of entry for everyone, which provides for equal limitations, equal quantity, equal time and equal prizes. Free entry methods include online and mail-in. But watch out for any hidden costs. For example, text messaging is not a “free” method of entry, because of the possible message and data rates that may apply.

For promotions with prizes over $5000 there are registration and bonding requirements in New York and Florida. (more…)

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