Guam § 64 - Use of Electronic Machine or Device to Conduct

§ 64. Use of Electronic Machine or Device to Conduct

Sweepstakes Illegal.

(a) Definitions. As used in this Section, unless the context

clearly requires otherwise, the following words shall have the

following meanings:

(1) (A) Electronic machine or device means a

mechanically, electrically or electronically operated

machine or device that is owned, leased, or otherwise

possessed, by a sweepstakes sponsor or promoter, or

any sponsors, promoters, partners, affiliates,

subsidiaries, or contractors thereof, that is intended to

be used by a sweepstakes entrant, that uses energy, and

that is capable of displaying information on a screen or

other mechanism. This Section is applicable to an

electronic machine or device whether or not it:

(i) is server-based;

(ii) uses a simulated game terminal as a

representation of the prizes associated with the

results of the sweepstakes entries;

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(iii) utilizes software such that the simulated

game influences or determines the winning or

value of the prize;

(iv) selects prizes from a predetermined finite

pool of entries;

(v) utilizes a mechanism that reveals the

content of a predetermined sweepstakes entry;

(vi) predetermines the prize results and stores

those results for delivery at the time the

sweepstakes entry results are revealed;

(vii) utilizes software to create a game result;

(viii) requires deposit of any money, coin, or

token, or the use of any credit card, debit card,

prepaid card, or any other method of payment to

activate the electronic machine or device;

(ix) requires direct payment into the

electronic machine or device, or remote activation

of the electronic machine or device;

(x) requires purchase of a related product

having legitimate value;

(xi) reveals the prize incrementally, even

though it may not influence whether or not a prize

is to be awarded or the value of any prize

awarded;

(xii) determines and associates the prize with

an entry or entries at the time the sweepstakes is

entered;

(xiii) is a slot machine or other form of

electrical, mechanical, or computer game.

(B) Electronic machine or device also includes

gambling devices as defined in § 64.20(b) of this

Chapter.

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(2) Enter or entry means the act or process by which a

person becomes eligible to receive any prize offered in a

sweepstakes.

(3) Entertaining display means any visual

information, capable of being seen by a sweepstakes

entrant, that takes the form of actual game play, or

simulated game play.

(4) Game play or simulated game play means any

game play whether actual or electronically simulated which

when played may return winnings (other than free games

not redeemable for cash) of value to the user based partially

or completely upon chance, which a user is required to

participate in prior to the reveal of a prize, or the receipt of

anything of value.

(5) Prize means any gift, award, gratuity, good,

service, credit, or anything else of value, which may be

transferred to a person, whether possession of the prize is

actually transferred, or placed on an account or other record

as evidence of the intent to transfer the prize.

(6) Sweepstakes means any game, advertising scheme

or plan, or other promotion, which uses an electronic

machine or device as defined in this Section, with or

without payment of any consideration, that a person may

enter to win or become eligible to receive any prize, the

determination of which is based partially or completely

upon chance.

(b) It shall be unlawful for any person to operate or

knowingly possess with the intent to operate, or place into

operation, an electronic machine or device to:

(1) conduct a sweepstakes through the use of an

entertaining display, including the entry process or the

reveal of a prize; or

(2) promote a sweepstakes that is conducted through

the use of an entertaining display, including the entry

process or the reveal of a prize.

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(c) Nothing in this Section shall be construed to make

illegal any activity which is lawfully conducted pursuant to Title

9 GCA, Chapter 64, Article 2.