2019 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 18 - Consumer Protection
Part 16 - Fantasy Sports Act
§ 47-18-1602. Part definitions.
- For purposes of this part:
(1) “Athlete” means an individual whom a player selects for the player's imaginary teams for purposes of playing a fantasy sports contest;
(2) “Auto draft” means athlete selection offered by a fantasy sports operator that does not involve any input or control by a player;
(3) “Beginning player” means any player who has entered fewer than fifty-one (51) contests offered by a single fantasy sports operator;
(4) “Consumer” has the same meaning as defined in § 47-18-103;
(5) “Entry fee” means any valuable consideration, including, but not limited to, cash or a cash equivalent, that a fantasy sports operator requires in order to participate in a fantasy sports contest;
(6) “Fantasy sports contest”:
(A) Means an online simulated game:
(i) In which players are subject to an entry fee to assemble imaginary teams of athletes;
(ii) In which players are offered an award or prize made known to the players in advance of the online simulated game; and
(iii) The winning outcome of which reflects in part the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance or finishing position of athletes in underlying amateur or professional competitions; and
(B) Does not include:
(i) A contest in which the operator allows the players to auto draft athletes or to choose between pre-selected teams of athletes;
(ii) A contest that offers or awards a prize to the winner of, or athletes in, the underlying competition itself; or
(iii) A contest where the winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of teams or solely on any single performance of an athlete or participant in any single actual event;
(7) “Fantasy sports contest platform” means any online method by which access to a fantasy sports contest is provided;
(8) “Fantasy sports operator” means a person that offers fantasy sports contests through an online digital platform;
(9) “Fantasy sports operator contractor” means any person or entity who works pursuant to an independent contract with a fantasy sports operator and who has access to nonpublic portions of the fantasy sports operator's office, the fantasy sports operator's nonpublic computer network, or the fantasy sports operator's proprietary information that may affect how the fantasy sports contest is played;
(10) “Highly experienced player” means a person who has either:
(A) Entered more than five hundred (500) contests offered by a single fantasy sports operator; or
(B) Won more than five (5) fantasy sports prizes, and the total value of the prizes is two thousand five hundred dollars ($2,500) or more;
(11) “Knowingly” means to have known or should have known;
(12) “Minor” means any person under eighteen (18) years of age;
(13) “Person” has the same meaning as defined in § 47-18-103;
(14) “Player” means a natural person or individual who participates in a fantasy sports contest offered by a fantasy sports operator;
(15) “Private contest” means a fantasy sports contest established among players known to each other and the terms and any prize of which are not established by a fantasy sports operator;
(16) “Prize” means a prize, award, incentive, promotion, or anything of value, including, but not limited to, money, contest credits, merchandise, or admission to another fantasy sports contest;
(17) “Script” means a list of commands that a fantasy-sports-related computer program can execute and that is created by players, or by third parties for the use of players, to automate processes on a fantasy sports contest platform; and
(18) “Tennessee consumer” means a consumer located in this state at the time the person enters a fantasy sports contest.
