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Can I offer contests that involve chance-based games in Maine? What are the requirements?

To offer contests that involve chance-based games in Maine, you must comply with the Rules Relating to Games of Chance outlined in Chapter 32 of the Maine Revised Statutes [2.1].

Here are the requirements you need to meet:

  1. You must apply for a license or registration to conduct or operate a game of chance at least 10 business days prior to the first date desired to operate and no earlier than 90 days prior to the first date desired to operate. The application must be submitted to the Department of Public Safety Gambling Control Unit.
  2. You must ensure that all equipment used in the game of chance is owned absolutely.
  3. You must not permit any disorderly or visibly intoxicated person to enter or remain within the room or area where any games of chance are being offered.
  4. You must operate a game of chance only in a building or area approved for public use by state and local officials, including the State Fire Marshal’s Office.
  5. You must not permit person(s) involved in the conduct of a game of chance and their immediate family members to participate in the game of chance.
  6. You must develop and post rules of play for the game(s) of chance conducted.
  7. You must comply with advertising standards, including prohibiting advertising of any obscene or indecent nature, false, misleading and deceptive advertising, depictions of the use of alcohol and tobacco, depictions of persons under the age of 18 engaged in games of chance, guarantees of success, riches or games of chance winnings, and including a disclaimer that persons under 18 years of age are prohibited unless authorized under 17 M.R.S. §1835-A(4).
  8. You must post or provide at each entrance or in a conspicuous place where games of chance are conducted, written materials concerning the nature and symptoms of problem gambling and the Maine 211 number or free brochures from the Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention that provide information and referral services for problem gamblers.
  9. You must ensure that all prizes are designated, announced, posted or indicated to the players prior to the start of each game.
  10. You must ensure at the conclusion of each game of chance, winners are determined and the prize(s) awarded.
  11. You must ensure that when more than one player is found to be the winner in the same game, the designated prize is divided as equally as possible.
  12. You must maintain an accounting of each serial-numbered game for 3 years on form MGCU-5475 which must be submitted to the unit by the 10th of each month for the previous month.
  13. You must submit an application on form MGCU-5425 at least 10 business days prior to the start of the event to conduct a raffle that is required to be registered with the Gambling Control Unit.
  14. You must include a complete list of prizes to be awarded along with the fair market value of those prizes and provide rules for the raffle that include as a minimum; payment method, date, time and location of drawing, and whether winners have to be present or not.
  15. You must not permit the extension of credit to purchase a raffle chance or ticket.
  16. You must not permit providing payment by mail.
  17. You must ensure that a person who purchases a raffle chance or ticket is at least 18 years of age.
  18. You must include geolocation technology to prevent a person from purchasing a raffle chance or ticket while the person is physically located in a state where the purchase of that raffle chance or ticket would not be legal under the laws of that state.
  19. You must provide for the immediate refund of the organization discovering that a person was under 18 years of age at the time of purchase or was physically located in a state where the raffle being conducted is not legally permitted at the time of purchase.
  20. You must provide adequate measures to protect the privacy and security of payment information by persons who purchase raffle chances or tickets.
  21. You must enable the eligible organization to satisfy the record-keeping and reporting requirements in §1837-c, subsection 6.
  22. You must ensure that a game promotion is not a game of chance if no entry fee, payment, donation, or proof of purchase is required as a condition of entering to win or becoming eligible to receive a prize.

If you meet these requirements, you can offer contests that involve chance-based games in Maine.

Source(s):
Jurisdiction

Maine