Christy presented "Promotional Gaming" at the NAPABA Central Regional Conference on April 5, 2014. The presentation examined forms of gaming, sources of authority, and the specifics of internet and promotional gaming.

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Promotional Gaming
Christy A. Prince
NAPABA Central Regional Conference
April 5, 2014

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Some Forms of Gaming
+ Casino gaming and lotteries
+ Charitable gaming
+ Sports betting
+ Horse and dog racing
+ Internet gaming
+ Promotional gaming

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Sources of authority
+ Federal sources
+ Legislation – Wire Act, UIGEA, etc.
+ Agencies – Nat’l Indian Gaming Comm., FTC, FCC
+ State sources
+ Most gaming is controlled on a state by state level
+ Changes to laws typically happen on a state by state basis,
such as the roll out of online gaming

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Internet gaming
+ Wire Act prohibited the wagers using interstate
transmissions or interstate commerce
+ DOJ issued a memo in December 2011 stating that
the Wire Act prohibited only sports betting
+ This allows states to establish internet gaming as
long as only that state’s residents participate

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Internet Gaming
+ States permitting some form of internet gaming:
+ New Jersey
+ Delaware
+ Nevada
+ States moving toward internet gaming:
+ Illinois, California

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Promotional Gaming
+ Increases customer engagement
+ Generates buzz
+ Promotes non-gaming business or purpose
+ May be restricted by federal law and state law
+ Gambling laws – restrictions on wagers
+ Consumer protection laws

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Promotional Gaming
+ Elements of gambling
+ Participants give consideration
+ Outcome is determined 51% or more by chance
+ Possibility of a prize
+ If you remove at least one element, it is not gambling

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Promotional Gaming
+ Remove the consideration
+ Sweepstakes – no purchase necessary
+ Mobile apps that have chance & prize, but no cost
+ Warren Buffett’s March Madness challenge
+ Remove the chance
+ Skill-based contests
+ “Most votes wins,” essay contest, some PVP games
+ Remove the possibility of a prize

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Questions?
+ Christy A. Prince
+ 65 East State Street, Columbus, Ohio 43215
+ cprince@keglerbrown.com
+ (614) 462-5444
+ www.ohiogaminglaw.com