[GA—WITHDRAWN] Regulating Games Of Chance And Skill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, Coauthor: 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 hosts must disclose 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:
  • 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,
  • Disposable as something that is designed to be used once and then thrown away,
  • 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 describe to potential participants:
  • Eligibility criteria, including age restrictions, residency requirements, entry deadline, and other qualifications to participate,
  • The nature of the contest,
  • 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 display to potential participants the odds of winning (and if those odds may change due to participant elimination or other factors);

4. Decrees that a host must:
  • Follow all rules/regulations that they choose to implement within their game of skill/chance,
  • Adhere to national and WA human rights laws when treating participants during and in preparation for the promotion,
  • Allow participants to withdraw their entries at any time as easily as they could make a new entry,
  • Ensure that all participants:
    • In a game of chance, regardless of entry method or choice of whether or not to partake in PII collection/marketing research, 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 participant 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,
  • 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 something that the host may already provide by law, or
  • Be monetarily valueless or disposable; and
6. Grants participants the rights to:
  • Request and receive the monetary value of the prize as defined by the purchase cost of the prize, or
  • 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
0711
 
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Against

I find "requires that games of chance clearly display to potential participants the odds of winning" to be highly unusual; I don't understand what is meant by "follow all rules/regulations that they choose to implement", since there is no requirement for such "rules/regulations" to be fair nor is it made clear that these "rules/regulations" are the same as those disclosed to participants; a data protection act appears to have been mistakenly amalgamated into clause 4; several of the regulations (prizes, logistics, etc.) seem excessively specific and somewhat odd; apparent thesaurus syndrome in the active clauses' verbs, which undermines some of their validity.

I'm not typically one for NatSov, but an argument along those lines is justification enough for me in this case, especially when the regulations are so minutely specific whilst applying so broadly, and the other issues above.

(IFV?)
 
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I declined a couple of times for requests from Walfo to give feedback largely because I don't have the time to do it (and because I would have requested a fairly comprehensive rewrite).
 
nvxl:
I don't understand what is meant by "follow all rules/regulations that they choose to implement", since there is no requirement for such "rules/regulations" to be fair nor is it made clear that these "rules/regulations" are the same as those disclosed to participants
Click to expand...
The rules/regulations that a host must follow are the same as those disclosed to participants as stated in 2f. By ensuring hosts share their rules (which must be followed) they are discouraged from promoting "unfair games" that the viewing public would not want to participate in.
 
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