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Can I offer contests that involve both skill and chance in Delaware? What are the requirements?
Offering Contests that Involve Both Skill and Chance in Delaware
Yes, it is possible to offer contests that involve both skill and chance in Delaware. However, the requirements for offering such contests depend on the type of contest being offered.
Interactive Fantasy Sports Contests
Interactive fantasy sports contests registered and conducted pursuant to the provisions of the Delaware Interactive Fantasy Contests Act are authorized [1.2]. To offer such contests, an operator must register with the Director of the Delaware Division of Gaming Enforcement pursuant to § 4864 of Title 29 of the Delaware Code [1.3]. The registration process includes the submission of an application and the payment of a fee, and the registration issued by the Director remains in effect for 3 years [1.3]. The Director shall promulgate regulations to implement the provisions of this subchapter, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include responsible protections with regard to compulsive play and safeguards for fair play [1.3][1.7].
Interactive fantasy sports contests offered by a registrant in accordance with the provisions of this subchapter shall not constitute gambling as defined in §§ 1401-1431 of Title 11 [1.3][1.6]. The contests must be based on the skill and knowledge of the participants and not based on the current membership of an actual team that is a member of an amateur or professional sports organization [1.6]. The outcome of any fantasy sports contest does not correspond to the outcome of any 1 sporting event. Instead, the outcome depends on how the performances of participants’ fantasy roster choices compare to the performance of others’ roster choices [1.6].
Other Contests
For other contests that involve both skill and chance, the requirements depend on the specific type of contest being offered. It is recommended to consult with an attorney to ensure compliance with all applicable laws and regulations.
Conclusion
To offer contests that involve both skill and chance in Delaware, an operator must register with the Director pursuant to § 4864 of Title 29 of the Delaware Code for interactive fantasy sports contests, ensure that the contests are based on the skill and knowledge of the participants, and comply with the regulations established by the Director to safeguard the integrity of the games and participants to ensure accountability and the public trust. For other types of contests, it is recommended to consult with an attorney to ensure compliance with all applicable laws and regulations.
Source(s):
- [1.2] Contests authorized.
- [1.3] Registration.
- [1.6] Legislative findings and purpose.
- [1.7] Powers and duties of the Director.
Jurisdiction
Delaware