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

Here is your response:

Skill-based contests in Montana

Montana law allows skill-based contests, but they must comply with certain requirements. The Montana Code Annotated (MCA) defines a contest of skill as “a puzzle, game, competition, or other contest in which (a) the skill of the contestant in performing a physical or mental act is the predominant factor in determining the outcome of the contest; and (b) the contestant is not required to pay anything of value or purchase anything in order to participate in the contest” [MCA 23-5-112].

Requirements for skill-based contests

If you want to offer skill-based contests in Montana, you must comply with the following requirements:

1. The contest must be a game of skill, not chance. Chance-based contests are considered gambling and are illegal in Montana [MCA 23-5-112].
2. The contestant must not be required to pay anything of value or purchase anything to participate in the contest [MCA 23-5-112].
3. The outcome of the contest must be determined by the skill of the contestant, not by chance or luck [MCA 23-5-112].
4. The contest must not violate any other Montana laws or regulations [MCA 23-5-112].

In addition, if you plan to offer skill-based contests at a fair or carnival, you must submit the game to the Montana Department of Justice for review to ensure that winning is not contingent upon lot or chance and is based upon the skill of the player [MTAR 23.16.3801].

Conclusion

You can offer skill-based contests in Montana as long as they comply with the requirements outlined above. If you have any doubts about the legality of your contest, you should consult with a lawyer. If you plan to offer skill-based contests at a fair or carnival, you must submit the game to the Montana Department of Justice for review.

Jurisdiction

Montana

• Gaming