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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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We know that daily fantasy websites are legal because it is

Customer Question

We know that daily fantasy websites are legal because it is considered a game of skill not a game of chance as they say.
And is legal in app stores such as android and apple
If I created a contest game to win by skill ( non sports.... Football, basketball etc ) would it be legal under the UIGEA
Unlawful Internet Gambling Enforcement Act
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Interesting question. The answer to the question is (typical lawyer answer), that it will depend on the exact specs and parameters of the game. You need to be able to definitely show that the game is a game of skill. If you can show that is is skill based and not chance based, it will be legal to conduct in view of the UIGEA.

You may have to limit yourself or the application in some states, which have more stringent laws than the UIGEA. However, otherwise, as long as you can put forth evidence of skill, then you should be good to go.

Understand that this is a changing dynamic. There are bills being drafted in congress to address the fantasy sites right now. Keep abreast of those changes while you are in the process to avoid later problems.

Let me know if you have any other questions. Please also rate my answer positively.

Customer: replied 1 year ago.
The game for example would be in a room of 25 contestants or more. Everyone will start in a game like pac man ( certain size ). More you eat your opponent the bigger you get. Last one standing wins. The skill would be you would have to maneuver around other contestants without being eating and losing.
Expert:  Delta-Lawyer replied 1 year ago.

I think that would be fine under applicable federal laws. That said, you need to be aware of some state laws, like Nevada and California that can be more restrictive.

Customer: replied 1 year ago.
Do you wait until the cease and desist.
Expert:  Delta-Lawyer replied 1 year ago.

I would simply have a disclaimer that people that live in those states cannot participate.

Customer: replied 1 year ago.
Do those states not allow games of skill?
Expert:  Delta-Lawyer replied 1 year ago.

They have more restrictive laws relative to these types of activities (Nevada to avoid out of state competition). It would be worth it to look at every state's laws on the issue out of an abundance of caution before you drop $10-30K to develop and market this app.

Customer: replied 1 year ago.
What do I look for under there laws
Expert:  Delta-Lawyer replied 1 year ago.

Restrictions on interstate and/or on-line gaming when it is a game of chance. This does not fall into gambling per se. However, some states may deem or categorize this as gambling anyway.

Customer: replied 1 year ago.
How much would you charge if you looks into the states for me.
Expert:  Delta-Lawyer replied 1 year ago.

That, unfortunately, would be an expensive deal because that is a lot of statutory review. I actually don't have the excess time to perform that search. I would think most attorneys with work in this area of the law would probably charge a minimum of $500-1,000 for the research and resulting report on the legal landscape for such an endeavor.

Expert:  Delta-Lawyer replied 1 year ago.

Was going to let you know that the State of New York banned participation in fantasy leagues yesterday. Thought that might be useful information. Let me know if you have any other questions or comments. Best!