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Can I offer contests that involve a single game or event in Ohio? What are the requirements?
Offering Contests in Ohio
Yes, you can offer contests that involve a single game or event in Ohio, but it must be conducted as a “player against player contest” as defined in OHAC Rule 3772-14-01.
Here are the requirements for offering a player against player contest in Ohio:
- The contest must be conducted using only commission-approved electronic gaming equipment, table games, and table game equipment unless otherwise approved by the executive director.
- The contest must be conducted in a separate room or area segregated within the gaming floor, unless otherwise approved by the executive director.
- The contest must be described in written, dated rules that must contain, at a minimum, the following information:
- The date(s) on which the contest will be held or its designation as a perpetual event;
- Required entry fee or other consideration to be paid in order to participate;
- Formula to be used to calculate the rake;
- Participant eligibility requirements;
- Minimum and maximum number of participants;
- A description of the contest, including the program, structure, equipment, guidelines, time limits, any material conditions or limiting factors, and criteria for entry and determination of winners;
- The prize structure, including amounts or percentages, or both, for prize levels; and
- Procedures for event cancellation, including timely notification to entrants and refunding of entry fees or other consideration collected.
- The contest rules shall be made immediately available to the public and the commission upon request.
- A complete record of the names of all entrants, all prizes awarded, and prize winners for each contest must be kept, unless it was designated as a perpetual event.
Note that player against player contests are not subject to the requirements prescribed in Chapters 3772-9 and 3772-11 of the Administrative Code, except for rules 3772-11-05 and 3772-11-28 of the Administrative Code, and to the extent necessary to ensure compliance with the above requirements. [1.1]
Fantasy Contest Licensing Requirements
If you are offering a fantasy contest, you must obtain a license under fantasy contest law. The licensing requirements are outlined in OHAC Rule 3772-74-06. Applicants for a license under fantasy contest law must submit a completed application in the manner prescribed by the executive director. The executive director may request additional information not prescribed in the application. The applicant shall provide all information, documents, materials, and certifications at the applicant’s sole expense and cost. [2.1]
Fantasy Contest Operator Licensure
If you are a fantasy contest operator seeking to obtain or renew a license, you must apply for licensure, designate at least one key employee, comply with all instructions, and pay a non-refundable fee in the applicable amount. The fees are as follows: [2.3]
- Thirty thousand dollars for a fantasy contest operator who has at least fifteen thousand fantasy contest players in the state of Ohio who paid at least one entry fee in the twelve months prior to the current application for licensure;
- Fifteen thousand dollars for a fantasy contest operator who has less than fifteen thousand but at least ten thousand fantasy contest players in the state of Ohio who paid at least one entry fee in the twelve months prior to the current application for licensure;
- Nine thousand dollars for a fantasy contest operator who has less than ten thousand but at least five thousand fantasy contest players in the state of Ohio who paid at least one entry fee in the twelve months prior to the current application for licensure; or
- Three thousand dollars for a fantasy contest operator who has less than five thousand fantasy contest players in the state of Ohio who paid at least one entry fee in the twelve months prior to the current application for licensure.
All fees may be paid in equal annual installments, if a fantasy contest operator so elects on the application. [2.3]
Advertising
If you are advertising your fantasy contest, you must comply with OHAC Rule 3772-74-16. Your advertisements must accurately depict any representations made concerning the fantasy contest player’s chances of winning, the average number or percent of fantasy contest players who win, and the average net winnings of fantasy contest players. Your advertisements must also include information on playing responsibly and seeking assistance for compulsive behavior or shall direct consumers to a reputable source for such information. If an advertisement is not of sufficient size or duration to reasonably permit inclusion of such information, that advertisement shall refer to a website or application that does prominently include such information. [2.7]
Source(s):
- [1.1] Player against player contests.
- [2.1] General fantasy contest licensing requirements.
- [2.3] Fantasy contest operator licensure.
- [2.7] Advertising.
Jurisdiction
Ohio