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

Yes, you can offer contests that involve chance-based games in Washington, but there are specific requirements that you must follow.

Requirements for Promotional Contests of Chance

According to [WAAC 315-06-095][1.1], the director has the authority to conduct promotional contests of chance for the enhancement of ticket sales.

[WARC 9.46.0356][3.1] authorizes businesses to conduct promotional contests of chance in which the elements of prize and chance are present but in which the element of consideration is not present. Promotional contests of chance under this section are not gambling as defined in RCW 9.46.0237. Promotional contests of chance shall be conducted as advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business.

Requirements for Promotional Contests of Chance Similar to Bingo

[WAAC 230-18-010][2.1] allows businesses to offer a promotional contest of chance (PCOC) that is similar to bingo, commonly referred to as “no fee bingo.” However, there are specific requirements that businesses must follow:

  • A business must not charge participants a direct or indirect fee to participate in the PCOC. Indirect fees include, but are not limited to, cover charges.
  • A business must operate the PCOC for no more than a total of three hours per day, twice per week.
  • Participants must receive a bingo card immediately before the start of each game.
  • A business must award only merchandise items, such as food, nonalcoholic beverages, hats, shirts, or other promotional items valued at less than twenty-five dollars each.
  • The business must not substitute cash prizes for merchandise prizes.
  • The business must not award prizes worth more than one hundred dollars per week or five thousand dollars per year.
  • The business must record the names of winners and prize(s) won for each game.
  • The business must use recreational bingo cards that are not used in authorized bingo games.

Requirements for Promotional Game Cards

[WAAC 230-18-015][2.2] allows businesses to use promotional game cards similar to pull-tabs as part of a promotional contest of chance (PCOC) if the game cards meet specific requirements:

  • The game cards must be readily distinguishable from other pull-tabs sold in the state of Washington.
  • The game cards must be designed and manufactured for a specific PCOC.
  • The game cards must clearly display the name of the sponsoring business or the promoted product(s).
  • The game cards must have no price per play on the card.
  • The game cards must have the official rules of play, including “no purchase necessary,” printed on the back.

Restrictions on Alcohol as Prizes

[WAAC 230-06-020][4.1] prohibits licensees from offering or awarding beverages that contain alcohol as a prize or in place of a prize for any gambling activity except for dice or coin contests for music, food, or beverage payment as authorized by RCW 9.46.0305 and members-only raffles authorized by RCW 9.46.0315, but only if the liquor control board granted the appropriate permit, and other gambling activities where the liquor control board has authorized alcohol as a prize.

Attended Amusement Game Requirements

[WAAC 230-13-105][6.1] requires attendants of amusement games to collect payment from the player(s), give equipment or components to the player(s) to participate in the game, and award merchandise prize(s) to any winners. Attendants must not materially assist players or participate in the game.

Conclusion

In summary, you can offer contests that involve chance-based games in Washington, but you must follow specific requirements depending on the type of contest. For promotional contests of chance, you must conduct them solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business. For promotional contests of chance similar to bingo, you must follow specific requirements such as not charging participants a fee to participate and awarding only merchandise items as prizes. Additionally, you cannot offer alcohol as a prize except for specific authorized activities.

Source(s):
Jurisdiction

Washington