§ 23-118-102 — Definitions

As used in this chapter: (1) (A) "Esports" means any form of multiplayer competition in which competitors compete against each other using video gaming consoles, computers, or other electronic devices. (B) "Esports" includes the ability to compete or perform in front of an audience, and through an online platform, broadcast on television, or at an in-person event. (C) "Esports" does not include: (i) A house-banked game in which participants compete or play against the house, including without limitation an operator, rather than other participants; (ii) A casino-style gambling game or other gambling game customarily offered at a casino; (iii) A game based on or otherwise involving horse racing or dog racing; or (iv) Any electronic pull-tab game or similar traditional gambling game; (2) "Esports tournament competitor" means an individual or group of individuals who function as a team that competes in a paid or nonpaid esports tournament offered by an esports tournament organizer; (3) "Esports tournament organizer" means a person that: (A) Is engaged in the business of professionally conducting paid esports tournaments for cash prizes for esports tournament competitors; and (B) Requires cash or cash equivalent as an entry fee to be paid by a member of the general public who competes in a paid esports tournament; (4) "Nonpaid esports tournament" means any: (A) Esports event organized by an educational institution or charity, nonprofit, or other institution that awards nonmonetary prizes to esports tournament competitors; or (B) Event that does not require an entry or venue fee to compete in esports; (5) (A) "Paid esports tournament" means, and is limited to, any esports event facilitated by an esports tournament organizer for a cash prize or other monetary compensation if an esports tournament competitor is required to pay an entry or venue fee to compete. (B) "Paid esports tournament" includes any esports tournament or contest that meets the following conditions: (i) The values of all prizes and awards offered to winning esports tournament competitors in public contests, and the method through which prizing is determined, are established and made known to the esports tournament competitors in advance of the tournament or contest; (ii) All winning outcomes reflect the relative knowledge and skill of the esports tournament competitors and are determined by the results of the performance of esports tournament competitors; (iii) A winning outcome is determined by the results of fully completed contests or events and not merely a portion of a contest or event, except that an esports tournament competitor may be credited for results in a suspended or shortened contest or event that has been suspended or shortened by a decision of the esports tournament organizer on account of weather or other natural or unforeseen events; and (iv) (a) Each paid esports tournament competitor is required to pay an entry fee to compete. (b) Each nonpaid esports tournament competitor is exempted from the requirement to pay an entry fee to compete. (c) Payment under subdivision (5)(B)(iv) (a) of this section shall be with cash or a cash equivalent and is not gambling for the purposes of § 5-66-101 et seq.; and (6) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint stock company, joint venture, partnership, sole proprietorship, or other private legal entity.

Legislative History

Added by Act 2023, No. 439,§ 1, eff. 8/1/2023.