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Can I offer contests that involve skill-based games in Georgia? What are the requirements?

To offer contests that involve skill-based games in Georgia, certain requirements must be met.

Lawful Promotional and Giveaway Contests

According to GACO 16-12-36, a promotional or giveaway contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393 shall not be a lottery.

Licensing Qualifications

GARR Rule 92-2-.13 outlines the licensing qualifications for bingo games, which include requirements for the organization’s business experience, financial standing, reputation, and criminal history of members, employees, or officers. While this rule specifically applies to bingo games, it may provide some guidance for other types of games as well.

Registration and Licensing Requirements

Nonprofit tax-exempt organizations must submit a license application to the Georgia Bureau of Investigation before being licensed to operate bingo games. The application must include an annual fee of $100, a determination letter from the Internal Revenue Service certifying that the applicant is an exempt organization under Federal Income Tax Law, a determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under income tax laws of the State of Georgia, and a certified copy of the current incorporation papers, charter, and other such documents indicating the date the organization originated. Additionally, the organization must provide a statement as to the location where the applicant will conduct bingo games, a copy of the purchase or lease contract for the bingo equipment to be used by the applicant, or a statement of ownership of the equipment, a current financial statement of the applicant organization as of the date of application, and a statement of the source of funds to be used in the initial development of the bingo operation and if any improvements are made on the premises where the bingo operation is to be conducted, the source of those funds. The organization must also provide a photograph, a fingerprint card, and personal history and background statement on forms provided by the Georgia Bureau of Investigation of all persons who are establishing, or will be promoting, advertising, or operating the bingo games, and if the applicant is a corporation, association, or other similar legal entity, the names and home addresses, a photograph, a fingerprint card, and a personal history and background statement on the aforementioned forms of all the directors/officers of the organization and any other person associated in any way with the applicant’s bingo operation. A statement showing the convictions, pleas of guilty, and nolo contendere, if any, for criminal offenses, other than minor traffic offenses, for all directors/officers of the organization and for all persons establishing, promoting, advertising, or operating the bingo game must also be provided [2.1].

Therefore, it is recommended that you consult with a legal professional to ensure that your skill-based game contest meets all necessary requirements in Georgia.

[2.1][1.2][1.4]

Source(s):
Jurisdiction

Georgia, Georgia