Gambling Key issues In October 2021, the ASA created a a game that involves an element new resource page and published of chance that can be eliminated new guidance specifically aimed at by superlative skill influencers running prize promotions a game that is presented as online. The guidance reminds involving an element of chance. influencers that prize promotions are a form of advertising and so the wider It doesn’t matter whether a player rules on advertising apply too. laers, or even against a computer. The prize Gaming – pyg g can either be money, or money’s of chance for a prize worth, and can either be stake money In addition to consideration of the contributed by the players, or a prize risks of being considered a lottery, fund contributed by the organiser. certain games need to be mindful not It also doesn’t matter whether the to stray into the territory of ‘gaming’. player risks losing anything by playing The GA has so far predominantly or doesn’t pay any fee to play, been used as an enforcement tool provided that the player acquires on games and products that involve a chance to win a prize with real wagering money to protect players money value. from losing money and to promote Clearly, the definition of ‘gaming’ is responsible gambling (primarily broad as many types of game satisfy betting and lotteries). However, it also the requisite elements of chance and prohibits ‘gaming’. Section 6 of the GA a prize (unless the prize is truly virtual defines ‘gaming’ as playing a ‘game in nature and cannot be converted of chance for a prize’. The definition of or cashed out). Often the question a ‘game of chance’ is not exhaustive. comes down to the nature of the It expressly excludes a sport, but it game itself. Notwithstanding this, the can include any of the following: definition of ‘gaming’ doesn’t appear a game that involves both an to have been widely tested yet and, element of chance and an element at best, we are reliant on outdated of skill case law. Only with the proliferation 147