23-116-102. Definitions.

23-116-102. Definitions. As used in this chapter: (1) “Game operator” means a person who: (A) Is engaged in the business of professionally conducting paid fantasy sports games for cash prizes for members of the general public; and (B) Requires cash or a cash equivalent as an entry fee to be paid by a member of the general public who participates in a paid fantasy sports game; (2) “Game participant” means an individual who participates in a paid fantasy sports game offered by a game operator; (3) “Gross paid fantasy sports game revenues” means the amount equal to the total of all entry fees that a game operator collects from all game participants, less the total of all sums paid out as prizes to all game participants, multiplied by the location percentage for this state; (4) “Location percentage” means, for each paid fantasy sports game, the percentage rounded to the nearest tenth of a percent of the total of entry fees collected from game participants located in this state, divided by the total of entry fees collected from all game participants in paid fantasy sports games; (5) “Paid fantasy sports game” means any fantasy sports game or contest that meets the following conditions: (A) The values of all prizes and awards offered to winning game participants in public contests are established and made known to the game participants in advance of the game or contest; (B) All winning outcomes reflect the relative knowledge and skill of the game participants and are determined predominantly by accumulated statistical results of the performance of individual athletes in actual sporting events; (C) A winning outcome is not based on the score, point spread, or performance or performances of any single team or combination of teams or solely on any single performance of an individual athlete or player in any single event; (D) The statistical results of the performance of individuals under subdivision (5)(B) of this section are not based on college or high school sports or on horse racing or greyhound racing; (E) A paid fantasy sports game participant is not permitted to select an athlete through an automatic draft that does not involve any input or control by the paid fantasy sports game participant or to choose preselected teams of athletes; (F) A winning outcome is determined by accumulated statistical results of fully completed contests or events and not merely a portion of a contest or event, except that a paid fantasy sports game participant may be credited for statistical results accumulated in a suspended or shortened contest or event that has been suspended or shortened on account of weather or other natural or unforeseen event; and (G)(i) Each paid fantasy sports game participant is required to pay an entry fee to participate. (ii) Payment under subdivision (5)(G)(i) of this section shall be with cash or a cash equivalent and is not gambling for the purposes of § 5-66-101 et seq.; and (6) “Person” means any association, corporation, limited liability company, fiduciary, individual, joint stock company, joint venture, partnership, sole proprietorship, or other private legal entity.