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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34386
Experience:  Retired (mostly)
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I have a question about the NJ Legalized Games of Chance Control

Customer Question

I have a question about the NJ Legalized Games of Chance Control Commission. I have put together a local phone # XXXXX can be set up to receive phone calls and count them as they come in. The system can be set up to notify the " designated caller" whether it is set for caller number 20,50, etc.. There is no cost/fee for participation to enter the contest besides the cost of the call. I was trying to confirm how this game/come is classified whether it be a instant raffle , amusement game or what? Also if you would be able to tell me what license I should apply for, that would be great. thanks
Submitted: 2 years ago.
Category: Business Law
Expert:  socrateaser replied 2 years ago.
It's not clear to me from your question what the "game" is.

Please explain:

1. how the game is played.
2. the cost to enter
3. what is received by a winner.
4. who receives payment for the call-in charge.

Thanks in advance.
Customer: replied 2 years ago.


1. how the game is played.- 1. people call in to a local phone # provided. 2. when the call in number is set (eg. caller #30) the 30th caller is the winner. The system notifies the caller via text message.
2. the cost to enter - there is no cost to enter.
3. what is received by a winner. - a prize valued $0 - 250 or so.
4. who receives payment for the call-in charge.- I do unless you count the cellphone charges from the individual for calling the local phone number.
Expert:  socrateaser replied 2 years ago.
Your game is a "lottery," under NJSA 2C:37-1(h): "'Lottery' means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value."

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
I answered #4 incorrectly in the previously. I do not receive nor ask for any payment what so ever.

So this would not be considered a raffle? or instant raffle?
Expert:  socrateaser replied 2 years ago.
NJR 13:47-1.1 "Non-draw raffle" means a raffle conducted by means other than drawing from a container having therein the counterparts of all tickets or rights to participate, that is, any wheel or game approved by the Control Commission to be licensed as an allotment of a prize(s) by chance.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Expert:  socrateaser replied 2 years ago.
Note: See NJA 13:47-5A.1. All "electronic games" must be expressly approved and tested by the commission.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
So what would be the process to obtain a license application wise? I'm still not sure if I would be classified as amusement or raffle
Expert:  socrateaser replied 2 years ago.
Based on your alleged facts, if you receive no payment or other consideration in exchange for the opportunity to play, then you don't need a license, because you game is not "gambling" as defined under NJSA 2C:37-1(c): "'Gambling' means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor's control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome."

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
I have gone to www.igt.com because I was curious how to the game systems they have are regulated for the state of New Jersey. I would think that my game would be the same in theory being we are both games of chance. So is there a difference besides the casinos games?
Expert:  socrateaser replied 2 years ago.
I don't see that your particular game is special as to its basic premise. It's just a lottery (though not illegal, because you are not charging anything to play). However, there is no way for me to stand in the shoes of the state regulators. The only way to know if your game will be certified is to apply and see what happens.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
I think I have one more question about my contest concerns. If I should seek legal help about my contest what kind of legal representation should I ask for? What kind of attorney/lawyer?
Expert:  socrateaser replied 2 years ago.
There are law firms that emphasize practice in the area of contests, marketing promotion and gaming law. That's what you want.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question (“To Socrateaser”), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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