What is the name of your state? Pennsylvania
OK - I am currently attempting to run a business which entails online tournaments with cash prizes. The tournaments in question are of a popular online xBox game. These tournaments will be played online. This is a skilled based game, not luck. They will pay an entry fee to get in and then if they win, receive cash prizes.. the tournaments are set up NCAA Bracket style.
After reviewing another website which does the same exact thing as I am trying to do, I cite their ToS:
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1 Eligibility (United States)
To participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual
state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments
with prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and
Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1b Eligibility (Non-U.S.)
Be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account
registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees,
officers, and directors and any other person with access to non-public information regarding the operation of
any tournament offered on the Site.
2.3 Legality
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site
and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict
or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to
participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have
authority to make any such representations or warranties.
The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction
other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant
receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2
above.
So according to this, each state has its own laws in regards to this and they prohibit users from states which have questionable statutes from playing in their tournaments. This company is based out of Texas. Does this sound right to you guys? I of course will be talking to a Lawyer to get a similar ToS written up, but I just want to make sure I'm not wasting my time. Thanks so much.
-M
OK - I am currently attempting to run a business which entails online tournaments with cash prizes. The tournaments in question are of a popular online xBox game. These tournaments will be played online. This is a skilled based game, not luck. They will pay an entry fee to get in and then if they win, receive cash prizes.. the tournaments are set up NCAA Bracket style.
After reviewing another website which does the same exact thing as I am trying to do, I cite their ToS:
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1 Eligibility (United States)
To participate in any tournament offered on the Site, you must:
a) be a natural person, at least 18 years old;
b) be a U.S. citizen or resident alien with a U.S. address;
c) be physically located within the U.S.; and
d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual
state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments
with prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and
Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.1b Eligibility (Non-U.S.)
Be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account
registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees,
officers, and directors and any other person with access to non-public information regarding the operation of
any tournament offered on the Site.
2.3 Legality
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site
and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict
or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to
participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have
authority to make any such representations or warranties.
The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction
other than the U.S., or any jurisdiction in which participation is illegal or restricted. The Site may require any participant
receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2
above.
So according to this, each state has its own laws in regards to this and they prohibit users from states which have questionable statutes from playing in their tournaments. This company is based out of Texas. Does this sound right to you guys? I of course will be talking to a Lawyer to get a similar ToS written up, but I just want to make sure I'm not wasting my time. Thanks so much.
-M