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Can I offer contests that involve mobile apps in New Jersey? What are the requirements?
Based on the documents provided, it appears that offering contests that involve mobile apps in New Jersey is possible, but there are certain requirements that must be met.
Requirements for Contests of Skill
According to NJST 5:19-1, participation in contests of skill in which a participant pays an entry fee for the opportunity to win a monetary prize or something else of value shall not be considered a game of chance, shall not constitute unlawful gambling under the laws of this State, and shall not subject the participant or the sponsor of the contest of skill, or any officer, employee, or agent of the sponsor, to any civil or criminal liability under the laws of this State that prohibit gambling. However, a “contest of skill” shall not include any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance. Therefore, any contest involving mobile apps must be a contest of skill and not involve chance.
Certification Requirements
NJAC 13:3-1.4 states that no license shall be issued to authorize the holding, operation or conduct of any game not certified as permissible by the Legalized Games of Chance Control Commission pursuant to N.J.A.C. 13:3-7, Certification. Therefore, any contest involving mobile apps must be certified as permissible by the Legalized Games of Chance Control Commission.
Application for Certification
NJAC 13:3-7.2 outlines the application process for certification with respect to any game not already the subject of certification. The application must include information such as the name of the game, its type or kind, description of equipment used in its play, method and rules of play, method of determination of winner or winners, number of players who may participate, length of play of each game, extent of player participation, and whether the game is controllable by the operator. Additionally, every application for certification must be accompanied by a nonrefundable fee of $100.00 payable to the Legalized Games of Chance Control Commission.
Conclusion
To offer contests that involve mobile apps in New Jersey, the contest must be a contest of skill and not involve chance. Additionally, the contest must be certified as permissible by the Legalized Games of Chance Control Commission, and an application for certification must be submitted along with a nonrefundable fee of $100.00.
Jurisdiction
New Jersey