038-4 Wyo. Code R. §§ 4-2 - Skill Based Amusement Game Qualifiers

(a) When the Commission is making a determination regarding whether a specific game meets the definition of a skill based amusement game, it will consider the following requirements, as well as the physical operation of the game by a player of reasonable skill. Skill based amusement games are only played on a fixed, commercial electrical gaming device.

(b) A game is not considered a skill based amusement game if one or more of the following apply:

(i) The game does not allow a player to exercise skill or strategy over the game;

(ii) The ability of any player to succeed at the game is impacted by:

(A) The number or ratio of prior wins to prior losses of players playing the game, more commonly referred to as utilizing a compensating algorithm;

(B) The ability of any person to set a specified win-loss ratio for the game or by the game having a predetermined win-loss percentage;

(C) Game features not visible or known to a reasonable player; or

(D) The exercise of a skill that no reasonable player could exercise.

(iii) Any award is not based solely on the player achieving the object of the game or the player's score;

(iv) The ability of any player to succeed at the game requires the exercise of skill that no reasonable player could possess or improve upon;

(v) The primary determination of the award amount is the presentation or generation of a particular puzzle or group of symbols dealt to the player and the player does not have control over the puzzle or group of symbols presented; or

(vi) The player is able to choose a game mode where the outcome is solely determined by chance.

(c) When reviewing a game, the following factors are not, by themselves, sufficient indications that the game is a skill based amusement game:

(i) Whether a comprehensive list of prizes or outcomes is offered to the player or whether all outcomes are drawn from a finite pool of predetermined outcomes or starting positions;

(ii) Whether a player can increase his or her chance of winning based on knowledge of probabilities in general or the probabilities of any particular prize or outcome in a game or on a skill based amusement game;

(iii) Whether a player can simply choose not to play before committing money or credits; or

(iv) A game task consisting solely of moving a symbol up or down, replacing one (1) symbol with another, or any similar action, with or without a timer.

Notes

038-4 Wyo. Code R. §§ 4-2

Adopted, Eff. 2/22/2023.