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Sweepstakes casino platforms like VGW have ramped up their lobbying efforts in state capitals after suffering numerous operational setbacks in recent years.
Through the passing of laws banning dual-currency sweepstakes games or by cease-and-desist orders, VGW has exited numerous states and limited where sweeps coins, which can be bought and gambled for real money, are available.
Chumba Casino, VGW’s flagship brand, says in its Sept. 16 updated terms and conditions that the platform is not available in California, Connecticut, Delaware, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, Nevada, New Jersey, New York, Tennessee, Washington, and West Virginia.
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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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Top non-lottery activities during the period included scratchcards (13%), betting (10%) and online instant win games (8%).
Betting skewed male, with 16% of men gambling on betting compared to 4% of women. Age-wise, overall gambling participation peaked among 45- to 64-year-olds (56%-59%), when excluding lotteries the highest participation was among 35- to 44-year-olds (35%).
Respondents cited motivations predominantly as seeking large winnings and entertainment, while 42% reported positive feelings about their most recent gambling expenditure.