No, betting on a race is a game of chance. Anything where you simply pick the winner of a contest/game and win based on a set of pre-determined odds is always going to be a game of chance.
No, there's a pretty clear delineation in the Act if you've actually read it.
Single game betting is basically constructed (on a macro level) to be a game of chance. Hence the point spread, which is setup to get half the people to pick one side and half to pick the other.
I guess Poker would be similar to DFS if you could construct your own hand of cards from the deck and compete against others based on those cards competing in some real life game??
You don't "place bets" in DFS. There are no odds and you don't compete against a "house." It's two or more people putting money in a pool and a certain % of people winning money based on a constructed lineup of players in real life sports. There's no chance involved. Everyone could theoretically pick the same exact lineup.
The Unlawful Internet Gambling Enforcement Act of 2006, which was an amendment to the larger and unrelated SAFE Port Act, included "carve out" language that clarified the legality of fantasy sports. It was signed into law on October 13, 2006 by President George W. Bush. The act makes transactions from banks or similar institutions to online gambling sites illegal, with the notable exceptions of fantasy sports, online lotteries and horse/harness racing.
The bill specifically exempts fantasy sports games, educational games, and other online contests that meet certain conditions. A participant's team (if any) must not be "based on the current membership of an actual team." Outcomes must "reflect the relative knowledge and skill of the participants and [be] determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events." All prizing must be determined in advance of the competition and can not be influenced by the fees or number of participants.
It's really not that hard to understand nor to find anything that sums it up. it was legislation to rule on transfer of funds online for illegal gambling, except for the industries that had powerful enough lobbies to gain statute exemptions, that being state lotteries, horse racing, and DFS. Congress/Senate does not have enough Barney Franks to get the same treatment for poker.
The UIGEA does not say DFS is not gambling, along with horse racing and lotteries. It's just saying its allowed to be gambled on as long as certain conditions are met.
Games of skill can be gambling. If two people wagered money on chess, that is still a bet. No one is bothering to run Chessduel though because its just not big, and under the UIGEA that would then be considered illegal despite being a game of skill.
DFS, h2h, two people pick the exact same team, they still lose money because of the house rake.
I can see a difference between skill basked gambling and pure luck gambling though.
Skilled
-DFS
-Horse racing
-Poker
-Moneylines
Pure luck
-Roulette
-Video slot machines
-Bingo
The UIGEA can carve out whatever language they want to exclude DFS but at its essence, it still falls under the definition of gambling that the whole world adheres to. It's legal gambling, or what most distinctly call gaming.
the wagering of money or something of material value (referred to as "the stakes") on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods.
It's not even hard to go to rotogrinders and find agreement from the whole community that they admit the same too.