[GA—AT VOTE—AGAINST] Regulating Games Of Chance And Skill

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Regulating Games Of Chance And Skill
Category: Regulation | Area of Effect: Consumer Protection
Proposed by: Walfo, Co-author: Starkindler | Onsite Topic​
The World Assembly,

Recognizing the ability of games of chance/skill in helping individuals, businesses, and organizations grow their audience, strengthen their brand, and drive future sales,

Appalled by individuals, businesses, and organizations using games of chance/skill to gather personally identifiable information and other personal data about participants without their knowledge,

Believing that a host must disclose basic information about their contest with potential and current participants,

Concerned by the amount of waste generated by the prizes of games of chance/skill and the process of marketing/operating the game itself,

Seeking to make all games of chance/skill fair for all participants,

Also seeking to set a minimum standard for what a prize can be,

Hereby,

  1. Defines for the purpose of this resolution:
    • Promotion as a publicization of a product, organization, or venture to increase sales or public awareness for that product, organization, or venture,
    • Game/s of chance as a promotion in which participants can enter to win a prize with value and the winner is purported to be or would appear to an objective unbiased member of the public to be randomly chosen,
    • Game/s of skill as a type of promotion where participants' entries are skill-based and winners of the prize with value are chosen on merit or skill,
    • Host as an individual, business, or organization that runs a game of chance or game of skill,
    • Participant (or Participants) as an individual/s, business/es, or organization/s that enters a game of chance or game of skill,
    • Personally Identifiable Information (PII) as information (or representation of information) that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means, and
    • Prize as the item that a participant wins in a game of chance or game of skill;
  2. Requires that games of chance/skill clearly and publicly disclose:
    • Eligibility criteria, including age restrictions, residency requirements, entry deadline, and other qualifications to participate,
    • The nature of the contest such as the type of game the promotion entails,
    • The prize details,
    • The winner selection process,
    • Potential taxes and other legal requirements, and
    • Any other rules the host may choose to implement;
  3. Additionally requires that games of chance clearly and publicly display the odds of winning (and if those odds may change due to participant elimination or other factors);
  4. Decrees that a host must:
    • Allow participants to withdraw their entries at any time as easily as they could make a new entry,
    • Ensure that all entries:
      • In a game of chance, regardless of entry method or choice of whether or not to partake in PII collection/marketing, have an equal chance of winning,
      • In a game of skill are judged equally and only on the skill on which the promotion is based,
      • In a game that qualifies as a game of chance and a game of skill have the instances in which chance is applied specified (with the guarantee that such instances give the entry an equal chance of winning), have equal chances given equal situations of skill, and are judged equally and only on the skill the promotion is based upon;
    • Not gather PII or other personal data about participants that enable the use of their data for direct marketing purposes without their prior consent while allowing any participant to withdraw their aforementioned consent,
    • Ensure that all PII and other personal data gathered about participants is processed securely (and deleted irrecoverably after the game of chance/skill concludes) in compliance with national and WA privacy protections,
    • Not reject or disqualify entries as a result of a participant's lack (or withdrawal) of consent to PII research,
    • Pay for the cost of waste collection and recycling of items used to market and operate the game of chance/skill once the event concludes in compliance with WA and national sanitation laws, and
    • Deliver the prizes as promised within a timely manner to winning participants;
  5. Declares that prizes cannot be monetarily valueless or something that the host must already provide by law; and
  6. Grants participants the right to donate their prize to an individual, business, or organization.
Click to expand...

Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
ForAgainstAbstainPresent
0910
 
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Overview
This proposal seeks to regulate chances of game and skill, specifically the extent to which they can be used in advertising, use participant data, and how their rules must be defined and disclosed.

Recommendation
While protecting consumers in this regard is admirable, we worry this resolution is at times too broad and at others too specific. Most troubling is the burden this resolution would place on small charities and non-profits, which often use raffles and "games of skill" for advertising purposes but would be unnecessarily restricted in the event they choose to pursue a raffle or other game event.

For this reason, we recommend a vote AGAINST Regulating Games Of Chance And Skill.

This IFV Recommendation was written by Vapid in collaboration with the Ministry of World Assembly Affairs.
 
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[Non-WA]

Per the last thread, and noting how little has changed in terms of substance, I'm going to have to be solidly against this time.
forum.thenorthpacific.org

[GA—WITHDRAWN] Regulating Games Of Chance And Skill

Regulating Games Of Chance And Skill Category: Regulation | Area of Effect: Consumer Protection Proposed by: Walfo, Coauthor: Starkindler | Onsite Topic The World Assembly, Recognizing the ability of games of chance/skill in helping individuals, businesses, and organizations grow their...
forum.thenorthpacific.org forum.thenorthpacific.org
 
Jinkies:
[Non-WA]

Per the last thread, and noting how little has changed in terms of substance, I'm going to have to be solidly against this time.
forum.thenorthpacific.org

[GA—WITHDRAWN] Regulating Games Of Chance And Skill

Regulating Games Of Chance And Skill Category: Regulation | Area of Effect: Consumer Protection Proposed by: Walfo, Coauthor: Starkindler | Onsite Topic The World Assembly, Recognizing the ability of games of chance/skill in helping individuals, businesses, and organizations grow their...
forum.thenorthpacific.org forum.thenorthpacific.org
Click to expand...
To clarify, many important changes have been implemented:

1. There is no more "receive the purchase cost of the price" as it was too sticky and contained some loopholes that were not brought up.
2. Clause 4b is now "all entries" instead of "all participants" to patch the multiple entries from one person hole.
3. 5a is now "the host must already"
4. Perhaps the biggest and most important change, promotion has been defined. This will prevent this resolution from accidentally regulating playground games and other small "games" that would have been included by accident.

These changes, among a couple of other small ones, address the concerns raised on TNP forums on the previous draft.
 
WalfoPacificCommunication:
To clarify, many important changes have been implemented:

1. There is no more "receive the purchase cost of the price" as it was too sticky and contained some loopholes that were not brought up.
2. Clause 4b is now "all entries" instead of "all participants" to patch the multiple entries from one person hole.
3. 5a is now "the host must already"
4. Perhaps the biggest and most important change, promotion has been defined. This will prevent this resolution from accidentally regulating playground games and other small "games" that would have been included by accident.

These changes, among a couple of other small ones, address the concerns raised on TNP forums on the previous draft.
Click to expand...
The main concerns still unaddressed in my view, which are more egregious, are the lack of boundaries around rules & regulations of the game and the encroachment of this resolution on many aspects of both national sovereignty to regulate lotteries and the power of small groups to regulate them. Your redefinition of promotion, notably, does not actually do much to change this--I can imagine many cases where small charity games, for example, would be used for publicization of the charity and would therefore be bogged down unnecessarily or charities may be forced to forgo any kind of games of chance/skill at all.
 
Jinkies:
I can imagine many cases where small charity games, for example, would be used for publicization of the charity and would therefore be bogged down unnecessarily.
Click to expand...
How so? IRL small charities are already required by law to disclose their requirements for the event. I'm creating an NS international standard where the required disclosures are basic and easy for any organization to discover and disclose. Besides, hosts are already incentivized to advertise many of these requirements as they give their game credibility and now they will be required to do so. This will help both consumers and producers.
 
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