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

Offering Contests with In-Game Promotions in West Virginia

Based on the provided context documents, it appears that offering contests that involve in-game promotions in West Virginia may require a license to be employed in the operation of racetrack table games [1.1]. To qualify for this license, the applicant must be an individual of good moral character, honesty, and integrity, and have been offered employment by the racetrack table games licensee contingent upon licensure pursuant to the provisions of this section [1.1]. Additionally, the commission may establish different specific requirements for each job classification that may be created by the commission to recognize the extent to which a particular job classification has the ability to impact the proper operation of West Virginia Lottery table games [1.1].

It is unclear from the provided context documents whether there are any specific requirements for offering contests that involve in-game promotions beyond the general requirements for obtaining a license to be employed in the operation of racetrack table games. However, there are other licenses available that may be relevant to offering contests with in-game promotions.

State Fair Raffle License

The West Virginia state fair board may apply annually to the Tax Commissioner for a state fair raffle license to provide for the conduct of raffle occasions at the state fair [2.1]. The license shall permit the state fair board to have one or more persons conduct raffle occasions at the state fair who have conducted raffle occasions on a regular basis for at least one year prior to the date of the state fair board’s application [2.1]. A license fee of $500 shall be paid to the Tax Commissioner for the state fair raffle license [2.1]. The provisions of sections eleven, twelve, fourteen, fifteen and twenty-six of this article do not apply to a state fair raffle license [2.1]. No state fair raffle license may be issued unless the application includes a copy of any lease or agreement entered into between the state fair board and the persons who are to conduct raffle occasions at the state fair [2.1]. The state fair board may adopt reasonable rules and regulations, not inconsistent with or in violation of the provisions of this article, to govern the holding of raffle occasions at the state fair [2.1].

Interactive Wagering Supplier License

The commission may issue a supplier license to a person to sell or lease interactive wagering equipment, systems, or other gaming items necessary to conduct interactive wagering, and offer services related to such equipment or other gaming items to a West Virginia Lottery interactive wagering licensee while the license is active [4.1]. The commission may establish the conditions under which the commission may issue provisional licenses, pending completion of final action on an application [4.1]. The commission may adopt rules establishing additional requirements for a West Virginia Lottery interactive wagering supplier and any system or other equipment utilized for wagering [4.1]. The commission may accept licensing by another jurisdiction, that it specifically determines to have similar licensing requirements, as evidence the applicant meets West Virginia Lottery interactive wagering supplier licensing requirements [4.1]. An applicant for a supplier license shall demonstrate that the equipment, system, or services that the applicant plans to offer to the interactive wagering licensee conform to standards established by the commission and applicable state law [4.1]. The commission may accept approval by another jurisdiction, that it specifically determines have similar equipment standards, as evidence the applicant meets the standards established by the commission and applicable state law [4.1]. Applicants shall pay to the commission a nonrefundable license and application fee in the amount of $10,000 [4.1]. After the initial one-year term, the commission shall renew supplier licenses annually thereafter. Renewal of a supplier license will be granted to any renewal applicant who has continued to comply with all applicable statutory and regulatory requirements, upon submission of the commission issued renewal form and payment of a $10,000 renewal fee [4.1]. A licensed interactive wagering supplier shall submit to the commission a list of all interactive wagering equipment and services sold, delivered to, or offered to a West Virginia Lottery interactive wagering licensee in this state, as required by the commission, all of which must be tested and approved by an independent testing laboratory approved by the commission [4.1]. An interactive wagering licensee may continue to use supplies acquired from a licensed interactive wagering supplier, even if a supplier’s license expires or is otherwise cancelled, unless the commission finds a defect in the supplies [4.1].

Conclusion

In conclusion, offering contests that involve in-game promotions in West Virginia may require a license to be employed in the operation of racetrack table games. However, there are other licenses available that may be relevant to offering contests with in-game promotions, such as the State Fair Raffle License and the Interactive Wagering Supplier License. It is recommended that you consult with a legal professional or contact the West Virginia Lottery commission for further guidance on this matter.

Source(s):
Jurisdiction

West Virginia