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This entry was published on 2016-08-05
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SECTION 1401
Definitions
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 14
§ 1401. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Authorized player" shall mean an individual located in New York
state, who is not a prohibited player, that participates in an
interactive fantasy sports contest offered by a registrant.

2. "Collegiate sport or athletic event" shall mean a sport or athletic
event offered or sponsored by or played in connection with a public or
private institution that offers education services beyond the secondary
level.

3. "Commission" shall mean the New York state gaming commission.

4. "Entry fee" shall mean cash or cash equivalent that is paid by an
authorized player to an operator or registrant to participate in an
interactive fantasy sports contest offered by such operator or
registrant.

5. "High school sport or athletic event" shall mean a sport or
athletic event offered or sponsored by or played in connection with a
public or private institution that offers education services at the
secondary level.

6. "Highly experienced player" shall mean an authorized player who
has:

(a) entered more than one thousand contests offered by a single
operator or registrant; or

(b) won more than three prizes valued at one thousand dollars each or
more from a single operator or registrant.

7. "Horse racing event" shall mean any sport or athletic event
conducted in New York state subject to the provisions of articles two,
three, four, five, six, nine, ten and eleven of this chapter, or any
sport or athletic event conducted outside of New York state, which if
conducted in New York state would be subject to the provisions of this
chapter.

8. "Interactive fantasy sports contest" or "contest" shall mean a game
of skill wherein one or more contestants compete against each other by
using their knowledge and understanding of athletic events and athletes
to select and manage rosters of simulated players whose performance
directly corresponds with the actual performance of human competitors on
sports teams and in sports events.

9. "Interactive fantasy sports gross revenue" shall mean the amount
equal to the total of all entry fees not attributable to New York state
prohibited sports events that a registrant collects from all players,
less the total of all sums not attributable to New York state prohibited
sports events paid out as winnings to all players, multiplied by the
resident percentage for New York state; provided, however, that the
total of all sums paid out as winnings to players shall not include the
cash equivalent value of any merchandise or thing of value awarded as a
prize.

10. "Interactive fantasy sports operator" or "operator" shall mean any
person or entity that offers any interactive fantasy sports contest to
any authorized player through any interactive fantasy sports platform.

11. "Interactive fantasy sports platform" or "platform" shall mean the
combination of hardware, software, and data networks used to manage,
administer, or control contests and any associated entry fees.

12. "Interactive fantasy sports registrant" or "registrant" shall mean
an operator that is registered by the commission. A registrant may
utilize multiple interactive fantasy sports platforms and offer multiple
contests, provided that each platform and each contest has been reviewed
and approved by the commission.

13. "Minor" shall mean any person under the age of eighteen years.

14. "Prohibited player" shall mean:

(a) any member, officer, employee or agent of an operator or
registrant;

(b) any spouse, child, brother, sister or parent residing as a member
of the same household in the principal place of abode of any member,
officer, employee or agent of an operator or registrant;

(c) any individual with access to non-public confidential information
about contests;

(d) any amateur or professional athlete whose performance may be used
to determine the outcome of a contest;

(e) any sports agent, team employee, referee, or league official
associated with any sport or athletic event on which contests are based;

(f) any individual located in a state where the conduct of contests is
expressly prohibited; or

(g) any minor.

15. "Prohibited sports event" shall mean any collegiate sport or
athletic event, any high school sport or athletic event or any horse
racing event.

16. "Resident percentage" shall mean, for each interactive fantasy
sports contest, the percentage, rounded to the nearest tenth of a
percent, of the total entry fees collected from players located in New
York state, divided by the total entry fees collected from all players
in interactive fantasy sports contests not prohibited in New York state.

17. "Sports event" shall mean any amateur or professional sport or
athletic event, except a prohibited sports event.