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Solicitation materials containing sweepstakes entry material cannot represent that the recipient is a winner or has already won a prize unless the recipient has in fact won a prize.
Any such representation is evaluated taking into account the context in which the representation is made for example, the print, size and presentation of the representation and any qualifying language.
This statement must be included in the solicitation materials in either the official rules or the entry form and must be in readily understandable terms.
If the statement is included in the official rules, it must be set out in a separate paragraph and be printed in capital letters in contrasting type.
The statement cannot be smaller than the largest type used in the official rules. The operator of the sweepstakes must treat entries that are not accompanied by orders the same as entries that are accompanied by orders.
That is, the operator cannot subject an entry that is not accompanied by an order to any disadvantage in the winner selection process that an entry accompanied by an order would not be subjected to.
In addition, the sweepstakes materials containing the entry materials cannot represent that an entry accompanied by an order may win or may win more prizes than an entry not accompanied by an order, and cannot represent that an entry not accompanied by an order will have a reduced chance of winning.
In the past, some sweepstakes have sought to solicit or sell "information-access services. Effective January 1, , it is unlawful for any person to sell or solicit an information-access service in any manner related to a sweepstakes.
Solicitations offering people in California the opportunity to participate in a sweepstakes must disclose the odds of receiving each prize offered.
The disclosure of odds must appear immediately adjacent to the first identification of the prize to which it relates, or in a separate section called "Official Rules" or "Consumer Disclosure.
Finally, any person who operates a sweepstakes in California through a "" or "" number must register with the Attorney General's office within 10 days after advertising the sweepstakes in this state.
These provisions also are enforceable by civil court actions which can be filed by private parties, district attorneys, city attorneys, county counsel, the Attorney General and other agencies of the State.
NOTICE: The Department of Consumer Affairs strives to make its legal guides accurate in every respect. However, this legal guide is only a guideline, and is not a definitive statement of the law.
Questions about the law's application to specific circumstances should be directed to an attorney. This document may be copied, if all of the following conditions are met: the meaning of the copied text is not changed; credit is given to the Department of Consumer Affairs; and all copies are distributed free of charge.
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Three California tribes have filed a lawsuit in federal court against the State of California for allowing some state-licensed cardrooms to illegally offer blackjack, baccarat and other house-banked games prohibited by law.
In a statement from Anthony Roberts, Yocha Dehe Tribal Chairman, he said "State law, the Constitution and our compacts are all very clear about our exclusive right to operate house-banked, casino-style card game".
The California Constitution prohibited all casino gambling until it was amended in following voter approval of Proposition 1A "Gambling on Tribal Lands Amendment.
It requires the tribes have a compact with the state a pay the state a percentage of their revenues. John Christman, Tribal Chairman of the Viejas Band, added, "Since , we have sought resolution through the agencies and individuals responsible for enforcing these laws and preventing illegal gambling activity in California.
Going to court is regrettably our last recourse, only because of the State's continued inaction against such blatant illegal activity.
If California enforced its current laws, we would not have filed this lawsuit. The three tribes that filled the lawsuit are the Yocha Dehe Wintun Nation, who owns the Cache Creek Casino in Northern California, the Viejas Band of Kumeyaay Indians, who owns the Viejas Casino in San Diego County and the Sycuan Band of the Kumeyaay Nation, owners of the Sycuan Casino in San Diego County.
Currently there is legal online poker in Nevada, New Jersey, and Delaware. The population of California is close to 40 million people.
A population that is larger than the three states combined. It is believed that if online poker could be legalized in California, it should be viable based on the state's population.
However, there are issues that prevent the legalization of online poker in California from happening. There is a large gaming industry in California.
The horse racing industry, card rooms, and tribal owned casinos would have to be in support of legislation that would approve online poker.
Under California state law, any legislative rule that has a tax implication must be approved by voters at a two-thirds majority vote. An initiative that was filed by a citizen has been approved by the California attorney general office that would legalize sports betting.
The initiative could be placed on the ballot if , signatures can be collected. The push for the legalization of sports betting in California is being headed by a lobbyist with a card room industry background.
The signatures must be collected by the start of next year to be allowed to be placed on the next ballot for voters to decide.
If approved by voters, other types of gaming could be allowed as well in addition to sports betting. On tribal owned land Native Americans with federal recognition could operate craps and roulette.
Licensed card rooms could operate sports betting and also other card games such as those found in Las Vegas. Sports betting could also take place on tribal land.
The initiative would make a constitutional amendment for California. Close to locations could begin to offer Las Vegas style games around the state.
Opposition for the initiative is coming from the Pechanga Band of Luiseno Indians. The Native American tribe has been active in blocking efforts for the legalization of online poker.
The tribe has been successful in this for over ten years. In order to obtain the number of signatures needed to have the initiative placed on the ballot, signature drives will need to take place.
This will require a large amount of resources and people to help manage the signature collection. Th recent ruling by the U. Supreme Court allows for states to begin offering sports betting.
The legalized game could be a pathway to also for card rooms, race tracks, and online casino websites to begin offering sports betting.
However, there are many Native American tribes in California that are preparing to take the state to court over the new game.
There are 78 casinos in California that are owned by Native American tribes. Those 78 casinos are owned by 71 tribes in the state. Additional casinos are also being planned.
In a law was proposed that would have allowed for a limited amount of games to be operated at card rooms and race tracks.
Host cities would have the right to determine if a full gaming casino would be permitted under the proposed Gaming Revenue Act of However, it was strongly opposed by the Native American tribes.
The vote was rejected at 76 to 24 percent. In a federal statue was passed named PASPA. This prevented local and state governments from forming laws or compacts that would give gaming rights, sponsor or promote, operate, or award gaming licenses to a gaming to allow sports betting.
Last week the decision was over turned. Now the future of tribes are concerned over the future of their casino industries.
The state is being proposed an amendment to the constitution that would help to earn at least half of that back in revenue to the state.
The tribes in California argue that they have exclusive gaming rights to sports betting since it is considered a game of chance.
The exclusivity was part of the agreements made under their gaming compacts with the state. They consider it a violation of the law if a non-tribal owned venue was given a license to operate sports betting.
PRESS RELEASE May 14, , Sacramento, CA CNIGA. CNIGA Chairman Steve Stallings Statement on the U. Supreme Court Allowing for Sports Wagering.
Today the U. Supreme Court overturned the Professional and Amateur Sports Protection Act PASPA also known as the Bradley Act, which prohibited all but four states from allowing sports wagering.
Moving forward it will take an amendment to the California Constitution to permit any form of sports wagering. In doing so, we would advise the state to move slowly and cautiously and examine all angles as it relates to sports betting.
As the state of California weighs the decision of whether to allow for the practice of sports wagering, we firmly ask that tribes have a place at the table in any and all discussions surrounding this issue.
We also want to make very clear that California voters have, on numerous occasions, confirmed the exclusive right of California tribal governments to operate casino-style games.
Legalization of sports betting should not become a back-door way to infringe upon that exclusivity. A strong, well-regulated gaming industry is of utmost importance to California's tribal governments and the public.