Gift Surplus, LLC v. State ex rel. Cooper
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The Supreme Court held that chance predominated over skill in Plaintiffs' new video game and, therefore, this game was a game of chance that violated N.C. Gen. Stat. 14-306.4, which prohibits the operation of sweepstakes conducted through video games of chance.
Plaintiffs sued Governor Roy Cooper and certain state law enforcement officials seeking a declaratory judgment that Defendants' operation of a sweepstakes through video game kiosks does not violate N.C. Gen. Stat. 14-306.4, which criminalizes certain video sweepstakes. The trial court held that the sweepstakes game was lawful, but the court of appeals reversed. The Supreme Court modified and affirmed, holding that Plaintiffs' new game was a video game of chance prohibited by section 14-306.4.
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