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Can I offer contests that involve in-game promotions in Washington? What are the requirements?

Yes, you can offer contests that involve in-game promotions in Washington, but there are specific requirements that must be met.

Requirements for Promotional Contests of Chance

According to WAAC 230-18-015, a business may use promotional game cards similar to pull-tabs as part of a promotional contest of chance (PCOC) if the game cards:

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

Additionally, WAAC 315-06-095 states that the director has the authority to conduct promotional contests of chance for the enhancement of ticket sales.

Restrictions and Conditions for Gambling Promotions

WAAC 230-06-030 outlines the restrictions and conditions for gambling promotions in Washington. Licensees may conduct gambling promotions to encourage players to participate in the gambling activity they are licensed to conduct without review or approval under these restrictions and conditions:

  • You must establish rules and restrictions to determine how you will give promotional prizes and items to players;
  • You must comply with all applicable federal, state, and tribal laws and rules;
  • You must display all rules and restrictions clearly in the gambling area and include them on promotional materials or advertisements;
  • You must give all players eligible for the promotion an equal opportunity to participate;
  • Except for members-only progressive raffles conducted as authorized in WAC 230-11-091, you must not give another chance to participate in a gambling activity we regulate as a promotional item;
  • As part of a gambling promotion, you may add additional merchandise or cash prizes, including increasing payouts for gambling activities you are licensed to conduct;
  • Licensed manufacturers, distributors, and service suppliers may give cash or merchandise items to licensed operators to be used as promotional prizes as long as:
  • The cash or merchandise is offered to all licensed operators;
  • The gambling promotion is approved by the director or director’s designee when cash or merchandise provided to a licensed operator for a single promotion is over twenty-five thousand dollars;
  • In order for a licensed manufacturer, distributor, and service supplier to receive approval, the plan for the gambling promotion must be submitted to the director at least ninety days in advance of the intended start date. The promotion must include sufficient information for the director’s approval, comply with all applicable federal and state laws, and include:
  • The gambling promotion rules and restrictions;
  • How the operator will safeguard the prizes;
  • How the prizes will be given away;
  • The beginning and ending dates for the gambling promotion;
  • A detailed prize winner’s record to be filled out upon completion of the promotion that includes the winner’s name, prizes paid out, date the prize was awarded;
  • Any other information we request;
  • You must not give promotional prizes or items based on additional elements of chance except that:
  • Licensed bingo operators are authorized to give promotional prizes or items as part of a bingo game;
  • Licensed card rooms are authorized to give promotional prizes or items as part of a physical drawing, spinning a wheel, or selecting from a group of concealed items;
  • You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356.

Additional Information

WAAC 230-18-010 allows businesses to offer a promotional contest of chance (PCOC) that is similar to bingo, commonly referred to as “no fee bingo.” The business must not charge participants a direct or indirect fee to participate in the PCOC, and 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. The 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, and 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, and use recreational bingo cards that are not used in authorized bingo games.

WAAC 230-13-105 outlines the requirements for attendants of amusement games. Attendants must 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.

WAAC 230-13-010 outlines the approval process for new amusement games. Operators may introduce new games that meet the standards of an authorized group 1 through 11 amusement game without approval of the director as long as they provide the director or his or her designee with a description of the game, the rules of play, and the group number of the game with an explanation of why that group was chosen at least sixty days before introducing the game. The following procedures apply to all group 12 amusement games. Games approved before the effective date of this rule must be submitted for testing, including the application and deposit, by May 1, 2016.

In summary, you can offer contests that involve in-game promotions in Washington, but there are specific requirements that must be met. Promotional game cards similar to pull-tabs may be used as part of a promotional contest of chance if they meet certain criteria. Additionally, there are restrictions and conditions for gambling promotions that must be followed, including establishing rules and restrictions for giving promotional prizes and complying with all applicable laws and regulations.

Jurisdiction

Washington