Why Is the Deal Or No Deal Lucky Case Game Prohibited In Georgia?

Answer 1

GEORGIA CODE Copyright 2007 by The State of Georgia All rights reserved. *** Current through the 2007 Regular Session *** TITLE 16. CRIMES AND OFFENSES CHAPTER 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS ARTICLE 2. GAMBLING AND RELATED OFFENSES PART 1. GAMBLING O.C.G.A. § 16-12-20 (2007) § 16-12-20. Definitions
As used in this part, the term: (1) "Bet" means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not include: (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance; or (B) An offer of a prize, award, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in such contest. (2) "Gambling device" means: (A) Any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance; (B) Any slot machine or any simulation or variation thereof; (C) Any matchup or lineup game machine or device, operated for any consideration, in which two or more numerals, symbols, letters, or icons align in a winning combination on one or more lines vertically, horizontally, diagonally, or otherwise, without assistance by the player. Use of skill stops shall not be considered assistance by the player; or (D) Any video game machine or device, operated for any consideration, for the play of poker, blackjack, any other card game, or keno or any simulation or variation of any of the foregoing, including, but not limited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an equivalent or substitute for cards in the conduct of such game. Any item described in subparagraph (B), (C), or (D) of this paragraph shall be a prohibited gambling device subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this state. (3) "Gambling place" means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the principal uses of which is the making or settling of bets; the receiving, holding, recording, or forwarding of bets or offers to bet; or the conducting of a lottery or the playing of gambling devices. (4) "Lottery" means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a: (A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393; (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions: (i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and (ii) No person to be eligible to receive such prize shall be required to: (I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (II) Purchase any goods, wares, merchandise, or anything of value from such business; or (III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or (C) Raffle authorized under Code Section 16-12-22.1. By JASON SCHOSSLER, Andrews Publications Correspondent

Four Georgia women have filed a proposed class action alleging that a text-message game featured on NBC's "Deal or No Deal" is a form of illegal gambling. The lawsuit claims that NBC Universal and its production partners are violating California business law and other statutes by letting the show's viewers win prizes by paying 99 cents to send text messages from their cell phones.

Broadcast out of Los Angeles, "Deal or No Deal," offers one in-studio contestant the chance to win up to $1 million through a series of decisions involving 26 briefcases that are opened throughout the show. During the program, the show's producers also run the "Lucky Case Game," which is a game of chance offered to home viewers. At a predetermined time during each broadcast, six gold briefcases, which differ from the in-studio contestant's cases, are displayed on air. An announcer then invites the viewers to participate in the promotion by submitting via text message the number they believe corresponds to the winning gold briefcase. According to the lawsuit, home viewers who wish to enter the Lucky Case Game pay standard text-messaging rates plus a premium charge of 99 cents for each entry. Every correct guess gives the players one entry into that episode's random grand-prize drawing for up to $100,000 and an entry into a bonus-prize drawing, the lawsuit says. Contestants may also enter the Lucky Case Game for free on the Internet, according to the lawsuit filed in the U.S. District Court for the Central District of California. The plaintiffs - Karen Herbert, Judy Schenker, Jodi Eberhart and Cheryl Bentley - say that because they had to pay 99 cents to enter the promotion, the Lucky Case Game is a form of illegal gambling. They say the game involves the three elements of illegal gambling: consideration, chance and prize. The lawsuit also invokes Massachusetts law because the bonus-prize drawing allegedly occurs in the state. The plaintiffs are seeking unspecified damages. They also are asking for a permanent injunction barring the Lucky Case Game promotion. To comment, ask questions or contribute articles, contact West.Andrews.Editor@Thomson.com

Answer 2

The Deal Or No Deal Lucky Case Game is prohibited in Georgia because it is considered a form of gambling, which is illegal in the state. Georgia has strict laws against any form of gambling that involves the exchange of money or prizes based on chance.