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New Jersey’s Proposed Bill to Regulate Sweepstakes Gaming

New Jersey's proposed bill A5196 seeks to regulate and tax sweepstakes gaming, aligning it with the state's online sports betting and casino markets. The bill includes strict licensing, oversight, and penalties for noncompliance, while also facing industry challenges and opposition.
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Branimir Ivanov | Senior News Contributor

Updated: Jan 27, 2025

NJ Focuses on Taxes

New Jersey is considering significant changes to its sweepstakes gaming industry with the introduction of a new bill aimed at regulating and taxing the sector. Assemblyman Clinton Calabrese introduced A5196, which seeks to eliminate the gray area surrounding sweepstakes gaming and bring it under the state’s established gambling regulations. This move aims to create a more transparent and regulated environment for sweepstakes operators, aligning them with existing online sports betting and casino markets.

 

A Push for Regulation and Oversight

The proposed bill includes a set of strict requirements for sweepstakes operators, including the need to obtain a casino service industry enterprise license and an internet gaming permit. Operators will also need to partner with a licensed casino in the state to offer their services. The Division of Gaming Enforcement (DGE) will oversee compliance, conducting bi-annual audits, third-party reviews, and ensuring age-verification systems are in place. The bill mandates a minimum age of 21 for players to participate in sweepstakes gaming, in line with New Jersey’s regulations for other forms of online gambling.

In terms of taxation, the bill applies New Jersey’s existing gaming tax rates, which are 13% for online sports betting and 15% for online casinos. It also outlines penalties for operators who fail to comply with the new regulations. Noncompliant operators could face fines of $1,000 per player per day, advertising violations could incur fines of $10,000, and telecommunications providers may restrict services to violators.

The bill has been met with cautious optimism by some in the sweepstakes gaming industry. The Social and Promotional Games Association (SPGA), which represents several large sweepstakes companies, has expressed support for the legislation. SPGA spokesperson Randi Brown highlighted the bill’s focus on clear regulations, which would reinforce the legality and legitimacy of sweepstakes games. According to Brown, these games are enjoyed by millions of American adults and the bill helps solidify their standing within the broader gaming landscape.

However, the sweepstakes gaming model, which uses a dual-currency system, presents complexities. Players can use virtual coins for non-cash rewards, but they can also purchase “sweeps coins” that can be redeemed for real money or prizes. This dual-currency model has placed the industry in a gray area of legality, with companies like Chumba Casino, Pulsz Casino, and LuckyLand Slots becoming major players in the market. While some view these operations as a legitimate form of gaming, others have raised concerns about their proximity to traditional gambling.

 

Challenges Ahead

Despite the potential benefits, the bill’s passage is not guaranteed. One significant challenge is the resistance from established New Jersey casinos, which may view the inclusion of sweepstakes operators as direct competition. These casinos, already operating under strict regulations, may be hesitant to open their doors to a new class of operators. Furthermore, groups like the American Gaming Association (AGA) have voiced opposition to the bill, calling for more stringent controls over the sweepstakes model. Their concerns could lead to delays or revisions to the bill as it moves through the legislative process.

If the bill passes, New Jersey could position itself as a leader in sweepstakes gaming regulation. The state’s experience with integrating new forms of gambling into its regulated markets could serve as a model for other states seeking to address the growth of sweepstakes gaming. However, achieving a balance between regulatory oversight and fostering innovation in the industry will be a critical challenge for lawmakers.

 

The bill aligns with our core objective of reinforcing the well-established legality and legitimacy of social sweepstakes games, which millions of American adults enjoy.

 

Conclusion

Assemblyman Calabrese’s proposed bill represents a significant step forward in New Jersey’s approach to gaming regulation. By bringing sweepstakes gaming under the state’s formal regulatory framework, the bill aims to eliminate ambiguity in the market while ensuring operators are held accountable. However, the bill’s success will depend on garnering support from various stakeholders, including established casino operators and industry advocacy groups. As the legislation progresses, its impact on both the state’s gaming landscape and the broader sweepstakes gaming industry will become clearer.

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