1 vs. 100 prizes unavailable in certain states and Quebec
There's going to be some drama when folks really start to catch on, so let's get it out of the way now: residents of Connecticut, Iowa, Maryland, Vermont, and the great province of Quebec, are not eligible for Xbox Live Primetime's 1 vs.100 prizes. This isn't spite on Microsoft's part, because, according to the company there are laws.
The statement from Microsoft's lawyers is that "due to gaming laws, which vary from state to state, '1 vs 100 skill-based prizes' cannot be offered in every state." The response neglects to provide any concrete reasoning why those four states and Quebec were unique, but does mention that players can participate through a sweepstakes.
We contacted Joystiq's Law of the Game columnist, Mark Methenitis, to see if he could give us a clearer explanation regarding the exclusions. The attorney -- who just happens to have gambling law as one of his practice areas -- explained, "When you see restrictions like these, it's either because Microsoft's legal department or the contest administrator isn't comfortable with some aspect of the state law. Taking Iowa as an example, their laws are such that many scholars believe participation in a game for any property of value would be illegal gambling. There's also a provision that if, for a fee, anything of value is delivered, and given that this is limited to Xbox Live Gold members, it may be the wording of the statute that leads them to believe the paid membership plus the game may be problematic."
Methenitis expresses that it's difficult to conclude why Microsoft chose those particular locales, but that it's "the direct result of the patchwork legislation among the states." If this seems unfair, then might we suggest contacting your congressman or, um, member of parliament? Something spooked Microsoft's lawyers into excluding those particular states. Find the full statements from Microsoft and Methenitis after the break.
[Thanks, Justin F]
Microsoft:
"Due to gaming laws, which vary from state to state, "1 vs 100 skill-based prizes" cannot be offered in every state. Residents of the excluded states can earn Sweepstakes entries by participating in "1 vs 100 on Xbox LIVE," or offline via mail by sending in 3x5 postcards to the Sweepstakes Administrator. Always check the Official Rules for full details regarding entry methods and limits."
Mark Methenitis:
"When it comes to gambling laws in the United States, 'mess' is almost too kind a term. Gambling is left to the jurisdiction of the states rather than the federal government in all respects, from online gambling to land-based casinos to sweepstakes. While there are some proposals to change the laws with regard to internet gambling, those are all still yet to pass Congress. So, when you see restrictions like these, it's either because Microsoft's legal department or the contest administrator isn't comfortable with some aspect of the state law. Taking Iowa as an example, their laws are such that many scholars believe participation in a game for any property of value would be illegal gambling. There's also a provision that if, for a fee, anything of value is delivered, and given that this is limited to Xbox Live Gold members, it may be the wording of the statute that leads them to believe the paid membership plus the game may be problematic. It's difficult to say what exact provisions are giving the legal team heartburn in these jurisdictions, but the picking and choosing is certainly the direct result of the patchwork legislation among the states.
The statement from Microsoft's lawyers is that "due to gaming laws, which vary from state to state, '1 vs 100 skill-based prizes' cannot be offered in every state." The response neglects to provide any concrete reasoning why those four states and Quebec were unique, but does mention that players can participate through a sweepstakes.
We contacted Joystiq's Law of the Game columnist, Mark Methenitis, to see if he could give us a clearer explanation regarding the exclusions. The attorney -- who just happens to have gambling law as one of his practice areas -- explained, "When you see restrictions like these, it's either because Microsoft's legal department or the contest administrator isn't comfortable with some aspect of the state law. Taking Iowa as an example, their laws are such that many scholars believe participation in a game for any property of value would be illegal gambling. There's also a provision that if, for a fee, anything of value is delivered, and given that this is limited to Xbox Live Gold members, it may be the wording of the statute that leads them to believe the paid membership plus the game may be problematic."
Methenitis expresses that it's difficult to conclude why Microsoft chose those particular locales, but that it's "the direct result of the patchwork legislation among the states." If this seems unfair, then might we suggest contacting your congressman or, um, member of parliament? Something spooked Microsoft's lawyers into excluding those particular states. Find the full statements from Microsoft and Methenitis after the break.
[Thanks, Justin F]
Microsoft:
"Due to gaming laws, which vary from state to state, "1 vs 100 skill-based prizes" cannot be offered in every state. Residents of the excluded states can earn Sweepstakes entries by participating in "1 vs 100 on Xbox LIVE," or offline via mail by sending in 3x5 postcards to the Sweepstakes Administrator. Always check the Official Rules for full details regarding entry methods and limits."
Mark Methenitis:
"When it comes to gambling laws in the United States, 'mess' is almost too kind a term. Gambling is left to the jurisdiction of the states rather than the federal government in all respects, from online gambling to land-based casinos to sweepstakes. While there are some proposals to change the laws with regard to internet gambling, those are all still yet to pass Congress. So, when you see restrictions like these, it's either because Microsoft's legal department or the contest administrator isn't comfortable with some aspect of the state law. Taking Iowa as an example, their laws are such that many scholars believe participation in a game for any property of value would be illegal gambling. There's also a provision that if, for a fee, anything of value is delivered, and given that this is limited to Xbox Live Gold members, it may be the wording of the statute that leads them to believe the paid membership plus the game may be problematic. It's difficult to say what exact provisions are giving the legal team heartburn in these jurisdictions, but the picking and choosing is certainly the direct result of the patchwork legislation among the states.














Reader Comments (Page 1 of 2)
Captain Planet @ Jun 17th 2009 4:05PM
Gotta love dem' lawyers.
Smoke_me_a_Kipper @ Jun 18th 2009 8:26AM
Same lawyers work here too.
"Contest is open to anyone in the 50 States, 18 or older! Sorry, we don't make this rule (we hate excluding anyone), so be mad at our lawyers and contest laws if you have to be mad."
LaughingTarget @ Jun 17th 2009 4:08PM
It used to be worse, there was a time where some states actually had laws on the books that any contest held in that state needed to have a winner in that state.
MystileArmor @ Jun 17th 2009 4:09PM
I hope some of the 20 people that are always in the top spots are living in those states...
I like playing 1 vs. 100, but when I see the same people in the top all the time it makes me wonder. Not only do they seem to know all the answers, but they're the fastest as well? Not just once, but like every single time. Yeah.. right.
? @ Jun 17th 2009 4:44PM
Im with you on this one.. that is horse shit.. but hey.. im learning something new everytime I play this game. I just hope thay stop asking science questions man.. one bold guy is always on the top. he has a pink collart shrit. im sure you seen his ass on top all the time..
MystileArmor @ Jun 17th 2009 4:50PM
It's not that I don't know all the questions, I have an accuracy of around 70%, that's not the problem. It's that these people are ALSO the fastest ones to answer.
I just don't believe it. I can understand you're smart and educated enough to know almost all the answers, if all. Or perhaps you're sitting there with 10 college buddies every night, fine. But to have them all correct AND be the fastest person to answer? Well bullshit.
I wish MS would randomize the 1 and the mob, instead of picking the most accurate, fastest etc.
Dirty @ Jun 17th 2009 4:56PM
My College buddies weren't all that smart.
Petebot330 @ Jun 17th 2009 5:02PM
I'm wondering if they aren't MS plants to test certain things out during the Beta. I have no idea what that would be. But I know once real prizes are on the line, if that shit keeps happening, no one will play.
Ghoti @ Jun 17th 2009 6:11PM
They *do* randomize at least the mob. Or at least they did this weekend. A friend of mine came in to play for his first time Saturday night and got picked for the mob 3rd game in.
Me on the other hand, I've never gotten picked for either. :-( Sucks to be me...
Strike Man @ Jun 18th 2009 2:21AM
Someone playing a game like this doesn't stand a chance of being a top ranked player unless they answer FAST, and you answer ACCURATELY. Failure on either part, even for just one or two questions, will easily put you in the the middle section of the bell curve. There's nothing wrong with being "average", but claiming there's a sort of systemic bias due to the fact that other players have a higher score than your own is pushing things just a little.
Do people seriously doubt that there are people on XBOX Live with both an education and a knowledge of useless pop culture trivia out of the tens of thousands of players at any given time?
Mayor @ Jun 17th 2009 4:09PM
4 less states to worry about + odds = win for me
jayeffaar @ Jun 17th 2009 11:59PM
Actually, not really. People from those states can still play. But if they win, they get nothing.
b trumpet @ Jun 17th 2009 4:11PM
So...where can we get a lits of uneligable states?
Storm Eagle @ Jun 17th 2009 4:12PM
Really? Really?
aristokrat @ Jun 17th 2009 4:16PM
Based on your spelling prowess, I don't think you really need to worry about anything.
Paul @ Jun 17th 2009 4:22PM
fail
MystileArmor @ Jun 17th 2009 4:22PM
Would you like the mob to help you on this question, Trumpet?
RandomZero @ Jun 17th 2009 5:40PM
Ok...with your powers combined, you all made me laugh out loud at work. Ya jerks. :-p Upvoting commence!
KirbyMeister @ Jun 17th 2009 4:11PM
I'm surprised New York hasn't got laws on the books to kill this. Or for that matter, Nevada. Their gaming laws scream 'regulatory capture' at the top of their metaphorical lungs.
NukeAssault @ Jun 17th 2009 4:23PM
I was just thinking this.
brad77 @ Jun 17th 2009 4:51PM
No need to worry about Nevada:
http://www.theonion.com/content/news/nevada_to_phase_out_laws
Storm Eagle @ Jun 17th 2009 4:11PM
Maryland resident here. Mad? You bet I am. How is it gambling? What do I have to lose? Other than my dignity when I don't know the answer to an extremely easy question.
Heimbachae @ Jun 18th 2009 7:29AM
i just moved here and i feel the same way. i guess i'll just have to make weekend trips back to pa so i can be in the runnings for some of the sweet sweet winnings
Reboot @ Jun 18th 2009 10:51AM
I just moved to MD a few months ago, too... Guess this means I don't need to bother playing! Too bad, because I was enjoying it! If Microsoft could clarify what game law got them spooked, I'd be happy to contact my congressman about getting it lifted or eased.
Oh well...
soccerboy7217 @ Jul 18th 2009 12:55AM
Hell ya brother I'm in md and I won braid. I have a way to get past the dumbass law. If you have a relative or friend in diff state not banned change your contact info to there's and have it shipped to them. Thn pick it up
Mychas @ Jun 17th 2009 4:14PM
I'm guessing Quebec is excluded because no one at Microsoft can speak French.
Avez-vous parle francais?
Non....
aristokrat @ Jun 17th 2009 4:19PM
...mais je peux parler francais maintenant.
Prof_Chaos @ Jun 17th 2009 4:20PM
ca c'est pas la raison.
Viridium @ Jun 17th 2009 4:24PM
No, it's to do with Québec's contest laws. And were you going for "Parlez-vous Français?"?
Mychas @ Jun 17th 2009 4:28PM
Yes Vidirum, I was going for what you wrote. (Parlez-tu Francais)
4 years of mandatory french class and that is the best I can do...
Prox @ Jun 17th 2009 4:40PM
I feel ya, Mychas. I took 4 years of Spanish and all I know is, "¿Donde es la biblioteca?"
Scott @ Jun 17th 2009 4:42PM
No, actually, it's because Quebec has weird contest laws (10% of prize value must go to the government...or something like that)
Christ-ian @ Jun 17th 2009 4:45PM
Yo tengo el gato en los pantalones
Petebot330 @ Jun 17th 2009 4:58PM
Je nais pas parle francais.
Young_Nastyman @ Jun 17th 2009 5:30PM
Dōmo arigatō, Mr. Roboto?
crsh @ Jun 17th 2009 5:55PM
Two things; contests need to be explicitely registered with the games and lottery authority, which in turn demands a % of the prize value as "commission".
Second, language laws mean everything about a contest must be translated in French, and also it must allow people to participate in French.
While I understand what language laws are for, I can only imagine how it is a major hassle for companies/promoters and it's just easier to skip a place like Quebec entirely (sucks for us here, really).
aristokrat @ Jun 17th 2009 6:08PM
My response reminded me of the SImpson's episode where they have the Planet of the Apes musical:
"Can I play the piano anymore?"
"Well of course you can."
"But I couldn't before!"
*piano solo*
I love legitimate theatre...
TheKarmaPolice @ Jun 18th 2009 10:19AM
I think it has more to do with Loto Quebec and it being a total dick
man...fuck Loto Quebec
Prof_Chaos @ Jun 17th 2009 4:14PM
Quebec gets this all the time. Just about any contest in Canada, even if it's a McDonald's one, players in Quebec are ineligible.
Petebot330 @ Jun 17th 2009 4:57PM
You know what they call a quarter pounder in Quebec?
LordToastington @ Jun 17th 2009 11:04PM
Royale with cheese. Fucking mayo on the fries, too. Or is that Holland?
Chad Vanderbilt (Moptimus in Disguise) @ Jun 17th 2009 4:18PM
SUCK IT TREBEK!
whoops, wrong game show
Young_Nastyman @ Jun 17th 2009 5:33PM
You think you're pretty smart, don't you, Trebek? What with your Diego mustache and your greasy hair!
RandomZero @ Jun 17th 2009 5:42PM
Do you kiss your mother with that mouth?
No, but I kiss YOURS, Trebek!
ChapmanTheFool @ Jun 17th 2009 4:19PM
Us Vermonters don't need your game...*sniff sniff*....we got our cows...
Morgon @ Jun 17th 2009 4:19PM
Also a MD guy here.
The weird part is that this is the first time I've EVER seen Maryland in a restriction list for a game. However, doing a search online mentioned some 'online tournament' sites that exclude Maryland. HOWEVER, the list of excluded states is much greater than the 1 vs 100 list, which therefore brings me back to 'WTF?'
Perhaps MD's law (which I couldn't actually *find*) is worded similarly to Iowa's, but since I can't actually locate the appropriate law, I couldn't even bring this up with a Congressman if I tried.
aristokrat @ Jun 17th 2009 4:22PM
Maybe once (and if) this thing gets big, news coverage will cause the MD legislature to work out a deal with MS. This is probably the future of games shows, and I'm sure they don't want to miss out on it.
Though, I guess you could look at it as karma for the way your police ruthlessly hunt down out-of-state drivers for ticketing. Those bastards...
Pantsparty @ Jun 17th 2009 5:50PM
I live in MD too. This sucks. I'm not sure if Martin O'Malley had anything to do with it but it's his fault.
rtabor724 @ Jun 17th 2009 5:58PM
I think this has been a Maryland rule for a long time unfortunately. I play fantasy baseball, football, basketball, and hockey on CBSSports.com. I've been doing it for almost a decade now. I think I'm pretty good at it, but unfortunately, I always have to play in the free leagues because, you guessed it, Maryland residents are not eligible to claim any money they might win in a money league. There used to be a list of 8 or 9 states where the winners couldn't actually get anything, but maybe it's down to just these 4 now, plus Quebec. this blows.
Heimbachae @ Jun 18th 2009 7:31AM
are carnivals outlawed in marylard to? like if some kid throws a dart at a board and wins a pretty picture do cops come over, cuff her, rip the head off her teddy bear and take her away??