Correct, my question is how exactly does my idea falls under a game of chance? When It seems to me that it would falls under a contest of speed and skill?
The following part of your business is what would be considered chance and not skill:
"This means the $10 winners from Monday through Friday all compete against each other for free on Saturday for the Task Master's Crown and to win triple (3) their task element. (Instead of winning $10, the Saturday winners would win $30. $10 x 3 = $30). Let's say that this particular Saturday Winner's Circle task also included an 8 gig IPod Touch as the hidden perk. This means that our scenario user won a total of $40 and an 8 gig IPod Touch from utilizing 3 out of the 10 task points purchased for $8.99. "
Based on what you have written, winning triple and winning the prize is complete chance, unless you have left out what they need to have done to triple their "earnings" and win the prize.
I am sorry, I am still a little lost, because the task on Saturday is for the winners of the week and it does not cost them anything. They will still be competing agianst each other in an undisclose task that would require speed and skill to win.
I guess with my site, since I am offering a service with task competitions, people are purchasing task points to enter into any fun task compettions of their choosing, none of the fun task are by lot or chance like at a casino, but they all require speed and skill to accomplish, which to me is well within the gambling laws of Idaho.
In order to avoid being considered gambling, you would need to focus on the actual skills that would be required. It cannot be a token task, for example. If you focus on that, instead of the prizes, then you may be able to make the business fit within the law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).