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Can I offer contests that involve merchandise prizes in Ohio? What are the requirements?
Yes, you can offer contests that involve merchandise prizes in Ohio. The requirements for such contests depend on the type of contest being offered.
To offer a player against player contest involving merchandise prizes, the casino operator must follow the rules outlined in OHAC Rule 3772-14-01. The rules require that the contest be conducted using commission-approved electronic gaming equipment, table games, and table game equipment, and that the contest be conducted in a separate room or area segregated within the gaming floor, unless otherwise approved by the executive director. The casino operator must also provide written, dated rules that contain specific information about the contest, including the date(s) on which the contest will be held, required entry fee or other consideration to be paid in order to participate, formula to be used to calculate the rake, participant eligibility requirements, minimum and maximum number of participants, a description of the contest, including the program, structure, equipment, guidelines, time limits, any material conditions or limiting factors, and criteria for entry and determination of winners, the prize structure, including amounts or percentages, or both, for prize levels, and procedures for event cancellation, including timely notification to entrants and refunding of entry fees or other consideration collected [1.1].
To offer non-cash prizes in an instant bingo game, the organization must follow the rules outlined in OHAC Rule 109:1-4-16. The organization must record the value of the prize as the amount actually expended by the organization for the purchase of the non-cash prize, including the actual cost of the non-cash prize and any sales tax actually expended by the organization for the purchase of the non-cash prize. The organization must attach a copy of the itemized receipt for the purchase of the non-cash prize to the corresponding invoice for the purchase of the deal of instant bingo tickets for which the non-cash prize is awarded. The organization must pay for the purchase of non-cash prizes by check or electronic fund transfers drawn from the checking account devoted exclusively to the bingo session or game [3.1].
To offer prizes in a lottery game, the organization must follow the rules outlined in OHAC Rule 3770:1-8-01. Every ticket which is duly sold or is deemed to be duly sold in accordance with these rules and regulations will be valid unless otherwise made void in accordance with the rules. Tickets are bearer instruments and only the holder of a valid winning ticket will be entitled to the lottery prize award if such winning ticket is fully validated and the prize is claimed and presented for payment within the established redemption period. The organization must keep a complete record of the names of all entrants, all prizes awarded, and prize winners for each lottery game [4.1].
For fantasy contests, the operator must obtain a license under fantasy contest law and follow the general fantasy contest licensing requirements outlined in OHAC Rule 3772-74-06. The applicant must submit the completed application in the manner prescribed by the executive director. The executive director may request additional information not prescribed in the application. The applicant shall provide all information, documents, materials, and certifications at the applicant’s sole expense and cost. The executive director may recommend to the commission that it deny any application, or limit, condition, restrict, suspend, or revoke any license or impose any fine or other penalty upon any licensee or other person in accordance with fantasy contest law. No person may re-apply for a license under fantasy contest law for three years from the date the person’s application for licensure was denied or license was revoked. Fantasy contest operators shall draft written internal procedures, which shall, at a minimum, include procedures for ensuring compliance with all applicable state and federal requirements, as well as industry-standard procedures, to protect the privacy and online security of fantasy contest players and their accounts, including procedures preventing unauthorized withdrawals from fantasy contest player accounts [2.1][2.2].
In summary, to offer contests that involve merchandise prizes in Ohio, the casino operator must follow the rules outlined in OHAC Rule 3772-14-01. To offer non-cash prizes in an instant bingo game, the organization must follow the rules outlined in OHAC Rule 109:1-4-16. To offer prizes in a lottery game, the organization must follow the rules outlined in OHAC Rule 3770:1-8-01. For fantasy contests, the operator must obtain a license under fantasy contest law and follow the general fantasy contest licensing requirements outlined in OHAC Rule 3772-74-06 and draft written internal procedures [1.1][2.1][3.1][4.1][2.2].
Source(s):
- [1.1] Player against player contests.
- [2.1] General fantasy contest licensing requirements.
- [3.1] Instant bingo non-cash prizes.
- [4.1] Persons entitled to receive prizes.
- [2.2] Prohibited activities.
Jurisdiction
Ohio