N.J. Admin. Code § 13:69E-1.28Y - Skill-based games

(a) For purposes of this subsection the term "identifier" means any specific and verifiable fact, used by a slot machine or skill-based game, concerning a player or group of players that is based upon objective criteria relating to the player or group of players, including, without limitation:

1. The frequency, value, or extent of predefined commercial activity;

2. The subscription to or enrollment in particular services;

3. The use of a particular technology concurrent with the play;

4. The skill of the player;

5. The skill of the player relative to the skill of any other player participating in the same game; and/or

6. The degree of skill required by the game.

(b) Skill-based games mean any Division-approved casino or online game where the theoretical return to player (RTP) cannot be determined by a precise mathematical model based on chance, but is instead determined by player's physical dexterity and/or mental ability. Such games are not required to achieve a minimum theoretical RTP. Skill-based games are distinct from slot machine games that are expected to achieve a theoretical RTP of 83 percent.

(c) Skill-based games approved pursuant to this section shall be clearly identified through the use of a Division-approved logo that inform the patron that the game is a skill-based game, is not a slot machine, and does not offer a minimum RTP. The logo shall be continuously visible and either is affixed to the game or incorporated in the game software. The logo shall contain the following language: "This game is a skill-based game and the outcome and payouts for this game are directly determined by your level of skill. For more information regarding how this game operates and how payouts are determined, please review the help screens."

(d) All skill-based games shall display in a readily available, accurate, and non-misleading manner:

1. The rules of play;

2. The amount required to wager on the game;

3. The amount to be paid on winning wagers;

4. Any rake or fee charged to play the game;

5. The total amount wagered by the player;

6. That the outcome of the game is affected by player skill; and

7. Such additional information sufficient for the player to reasonably understand the game.

(e) Except as otherwise disclosed to the player, once a game containing a skill-based feature is initiated, no aspect or function of the gaming device may be altered during the play of the game based on the skill of the patron to make an event more or less likely to occur.

(f) Skill-based games may contain a feature allowing patrons to gain an advantage over other patrons, provided that all patrons are advised of that feature. Such features may include, but are not limited to, patron purchased enhancements, randomly awarded enhancements, or other advantages.

(g) Skill-based games offering a feature that allows patrons to gain an advantage over other patrons shall:

1. Clearly describe to all patrons that the feature is available and the benefit it gives to patrons;

2. Disclose the method for obtaining the feature; and

3. Provide patrons with sufficient information to make an informed decision, prior to game play, as to whether or not to compete against a patron who possesses such a feature.

(h) All possible game outcomes that are displayed to the patron of a skill-based game shall be available prior to the initiation of each play of a game upon which a player makes a wager or initiates play.

(i) Skill-based games may use an identifier to determine which game features or levels are available for selection by a player. Identifiers may not be used to increase the difficulty of a game without informing the player and cannot disqualify a player from playing a game.

(j) Skill-based games may offer patrons the opportunity to compete against a computerized or skilled house-sponsored opponent provided that the licensee or electronic game:

1. Clearly and conspicuously discloses when a computerized or skilled house-sponsored opponent is participating;

2. Provides the patron with the ability to elect whether or not to play against a computerized or house-sponsored opponent; and

3. Prevents the computerized or house-sponsored opponent from having access to information that is otherwise unavailable to a patron (that is, the opponent's hole cards or upcoming events).

(k) Peer-to-peer skill-based gaming shall be monitored for collusion and money laundering activity using an automated feature, or in accordance with the internal controls of the casino licensee.

(l) A skill-based game may provide an adaptive feature to increase the payback percentage in order to improve the actual RTP.

Notes

N.J. Admin. Code § 13:69E-1.28Y

Adopted by 56 N.J.R. 1182(b), effective 7/1/2024