(1) "Consumer" means the same as that term is defined in Section 76-10-1230.

(2) (a) "Fringe gambling" means any gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service. (b) "Fringe gambling" does not include a promotional activity that is clearly ancillary to the primary activity of a business.

(a) "Fringe gambling" means any gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service.

(b) "Fringe gambling" does not include a promotional activity that is clearly ancillary to the primary activity of a business.

(3) (a) "Fringe gaming device" means a device that provides the user: (i) a card, token, credit, or product in exchange for anything of value; and (ii) along with the card, token, credit, or product, the opportunity to participate in a contest, game, gaming scheme, or sweepstakes with a potential return of money or something of value that is based on an element of chance and not substantially affected by a person's skill, knowledge, or dexterity. (b) "Fringe gaming device" does not include a device that provides the user a card, token, credit, or product in exchange for only the user's name, birthdate, or contact information.

(a) "Fringe gaming device" means a device that provides the user: (i) a card, token, credit, or product in exchange for anything of value; and (ii) along with the card, token, credit, or product, the opportunity to participate in a contest, game, gaming scheme, or sweepstakes with a potential return of money or something of value that is based on an element of chance and not substantially affected by a person's skill, knowledge, or dexterity.

(i) a card, token, credit, or product in exchange for anything of value; and

(ii) along with the card, token, credit, or product, the opportunity to participate in a contest, game, gaming scheme, or sweepstakes with a potential return of money or something of value that is based on an element of chance and not substantially affected by a person's skill, knowledge, or dexterity.

(b) "Fringe gaming device" does not include a device that provides the user a card, token, credit, or product in exchange for only the user's name, birthdate, or contact information.

(4) (a) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome: (i) is based on an element of chance, regardless of the existence of a preview or pre-reveal feature in the device, contest, or game; and (ii) is in accord with an agreement or understanding that someone will receive anything of value in the event of a certain outcome. (b) "Gambling" includes a lottery. (c) "Gambling" does not include: (i) a lawful business transaction; or (ii) playing an amusement device that confers: (A) only an immediate and unrecorded right of replay not exchangeable for value; or (B) as a reward for playing, a toy or novelty with a value of less than $10.

(a) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome: (i) is based on an element of chance, regardless of the existence of a preview or pre-reveal feature in the device, contest, or game; and (ii) is in accord with an agreement or understanding that someone will receive anything of value in the event of a certain outcome.

(i) is based on an element of chance, regardless of the existence of a preview or pre-reveal feature in the device, contest, or game; and

(ii) is in accord with an agreement or understanding that someone will receive anything of value in the event of a certain outcome.

(b) "Gambling" includes a lottery.

(c) "Gambling" does not include: (i) a lawful business transaction; or (ii) playing an amusement device that confers: (A) only an immediate and unrecorded right of replay not exchangeable for value; or (B) as a reward for playing, a toy or novelty with a value of less than $10.

(i) a lawful business transaction; or

(ii) playing an amusement device that confers: (A) only an immediate and unrecorded right of replay not exchangeable for value; or (B) as a reward for playing, a toy or novelty with a value of less than $10.

(A) only an immediate and unrecorded right of replay not exchangeable for value; or

(B) as a reward for playing, a toy or novelty with a value of less than $10.

(5) "Gambling bet" means money, checks, credit, or any other representation of value.

(6) "Gambling device or record" means anything specifically designed for use in gambling or fringe gambling or used primarily for gambling or fringe gambling.

(7) "Gambling proceeds" means anything of value used in gambling or fringe gambling.

(8) "Internet gambling" or "online gambling" means gambling, fringe gambling, or gaming by use of: (a) the Internet; or (b) any mobile electronic device that allows access to data and information.

(a) the Internet; or

(b) any mobile electronic device that allows access to data and information.

(9) "Internet service provider" means a person engaged in the business of providing Internet access service, with the intent of making a profit, to consumers in Utah.

(10) "Lottery" means any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining property, or portion of it, or for any share or any interest in property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name it is known.

(11) "Promotional activity that is clearly ancillary to the primary activity of a business" means that the promotional activity: (a) continues for a limited period of time; (b) is related to a good or service provided by the business or the marketing or advertisement of a good or service provided by the business; (c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity; and (d) promotes the good or service being promoted for purchase by the business on terms that are commercially reasonable.

(a) continues for a limited period of time;

(b) is related to a good or service provided by the business or the marketing or advertisement of a good or service provided by the business;

(c) does not require a person to purchase a good or service from the business in consideration for participation or an advantage in the promotional activity or any other contest, game, gaming scheme, sweepstakes, or promotional activity; and

(d) promotes the good or service being promoted for purchase by the business on terms that are commercially reasonable.

(12) "Video gaming device" means any device that possesses all of the following characteristics: (a) a video display and computer mechanism for playing a game; (b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player; (c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining; (d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits: (i) does not significantly extend the length of play time of any single game; and (ii) provides for a chance of greater return of credits, games, or money; and (e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than solely the user's name, birthdate, or contact information.

(a) a video display and computer mechanism for playing a game;

(b) the length of play of any single game is not substantially affected by the skill, knowledge, or dexterity of the player;

(c) a meter, tracking, or recording mechanism that records or tracks any money, tokens, games, or credits accumulated or remaining;

(d) a play option that permits a player to spend or risk varying amounts of money, tokens, or credits during a single game, in which the spending or risking of a greater amount of money, tokens, or credits: (i) does not significantly extend the length of play time of any single game; and (ii) provides for a chance of greater return of credits, games, or money; and

(i) does not significantly extend the length of play time of any single game; and

(ii) provides for a chance of greater return of credits, games, or money; and

(e) an operating mechanism that, in order to function, requires inserting money, tokens, or other valuable consideration other than solely the user's name, birthdate, or contact information.