(a) The General Assembly hereby finds and declares that: (1) Interactive fantasy sports are not games of chance because they consist of fantasy sports games or contests in which the fantasy sports teams are selected based upon the skill and knowledge of the participants and not based on the current membership of an actual team that is a member of an amateur or professional sports organization; (2) Interactive fantasy sports contests are not wagers on future contingent events and are not under the contestants' control or influence because contestants have control over which players they choose and the outcome of each contest is not dependent upon the performance of any 1 player or any 1 actual team. The outcome of any fantasy sports contest does not correspond to the outcome of any 1 sporting event. Instead, the outcome depends on how the performances of participants' fantasy roster choices compare to the performance of others' roster choices. (b) Based on the findings in subsection (a) of this section, the General Assembly declares that interactive fantasy sports do not constitute gambling in Delaware within the meaning of §§ 1401-1431 of Title 11. (c) The General Assembly further finds that as the Internet has become an integral part of society, and interactive fantasy sports a major form of entertainment for many consumers, any interactive fantasy sports enforcement and regulatory structure must begin from the bedrock premise that participation is lawful and licensed interactive fantasy sports industry is a privilege and not a right, and that regulatory oversight is intended to safeguard the integrity of the games and participants to ensure accountability and the public trust. Interactive fantasy sports should continue to be enjoyed broadly and offered by licensed interactive fantasy sports operators in the state and not exclusively by any single brick and mortar casino.
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