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Blue Sky LOSES in Florida Court

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***BLUE SKY LOSES COURT CASE IN FLORIDA***

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A three-judge panel of the 1st District Court of Appeal (1DCA) upheld the revised decision, emphasizing that the “element of chance is inherent in [the game], given that it has a preset win/loss ratio … and that the game outcomes are determined by the machine by chance, via a random number generator.


When the first game is played, the outcome of the next game is automatically generated by the RNG and is stored in memory, and that outcome is displayed when the player presses preview for the next game,” it continued.


“There is nothing a player can do to change the outcome that is randomly generated by the machine from among millions of potential outcomes,” the ruling summarized.


Supporters of the Blue Sky games, which also are known as Version 67, have contended that the machines are legal because they include a “preview” feature that advises players of the outcome of the games.


But regulators and other critics have argued the preview feature doesn’t matter because the “random number generator” used to create the games equates to the definition of slot machines, which are games of “chance,” under state law.


Also, a key issue has been whether the slot-machine law applies to playing a single game or a series of games. While the outcome of the first “pre-reveal” game is known in advance, a player at the outset does not know the results of subsequent games.


The ruling, quoting a section of state law, said the determination of whether the games are illegal slot machines “turns on whether the user may receive something of value ‘by reason of any element of chance or any other outcome unpredictable by the user.’ 


The element of chance or unpredictability must be inherent in the machine itself.”

“We hold that the trial court was correct in determining that Blue Sky's Version 67 is a slot machine *because the element of chance is inherent* in it given that it has a preset win/loss ratio … and that the game outcomes are determined by the machine by chance, via an RNG (random number generator), and there is nothing the user can do to affect the outcomes,” said the ruling, written by appeals-court Judge Joseph Lewis and joined by judges James Wolf and Stephanie Ray. 


“Furthermore, Version 67 is a slot machine for the additional and independent reason that also inherent in it is an outcome unpredictable by the user. While it is true that the user is advised of the outcome of the game at hand ahead of time through the preview feature, the user cannot predict that outcome until it is randomly generated and then displayed by the machine. Nor can the user predict the outcome of Game 2 while playing Game 1.”


Fortune * NO CHANCE GAMES™ / PREVIEW PLAY GAMES™ *  eliminates chance and does NOT use a random number generator.  


Fortune games eliminates the element of chance via preview play that shows the next 3 game play results in advance. 


Fortune games and Fish games are backed by attorneys in NC, Florida and Alabama


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* What constitutes gambling law?


 Three elements of gambling:


1.  Consideration, 

money


2.  chance


3.  prize


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* Definition of bet:


Used figuratively in such phrases as 


all bets are off

 

to stress the uncertainty of a chance outcome



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* Definition of wager:


Money bet on an unpredictable, chance event


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* Definition of gamble: 


The playing of a game of chance for stakes


 To play a game for money or property


  with an unpredictable, uncertain, chance outcome


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Letter of the law is the only interpretation


By eliminating chance, there is no gambling


Fortune * NO CHANCE GAMES™ / PREVIEW PLAY GAMES™ *  eliminates chance and does NOT use a random number generator.  


Fortune games eliminates the element of chance via preview play that shows the next 3 game play results in advance. 


Fortune games and Fish games are backed by attorneys in NC, Florida and Alabama


CALL NOW 


702.444.9100


No Chance Games™


OUR Attorney backed BMM Certified Preview Play Promoting Services Inc. and Best Promoting Inc. No Chance Game Software for Florida, Alabama and all US states does NOT use a random number generator
 


DISCLAIMER:  To avoid any doubts, all companies operating PSI and BPI games and software in all various forms and configurations confirm and agree that PSI / Promoting Services Inc. and BPI / Best Promoting Inc. is merely a software provider and is not, and may not be in any way involved in Operator's promotions, operations, promises, sweepstakes, gaming or lottery.
 

Operators and distributors further confirm, agree and acknowledge that the operation of PSI's and BPI's games and software meet all the legal requirements set forth by local law enforcement and government agencies wherever the operators and distributors operates PSI's and BPI's games and software in all its games and software forms.
 

Operators and distributors will keep current all business licenses and pay all related taxes, fees, start up costs, business licenses and install quality compatible computer hardware. Operators and distributors also abide by "The Unlawful Gaming Act" , Title VIII of The Act of Congress of The United States of America known as Security And Accountability for Every Port Act of 2006, known also as The Unlawful Internet Gambling Enforcement Act of 2006. CLICK & READ MORE


Therefore,


Operators and distributors further confirm and agree that PSI / Promoting services Inc. and BPI / Best Promoting Inc. bears no responsibility and no liability as a gaming/gambling operator, i.e. for the operation of the games and software and product toward third parties, state or public authorities or pursuant to other regulatory agencies according to the legal regulations in any specific jurisdictions.
 
 

PSI and BPI is unaware of any consequential damages that may be incurred by anyone. The Operator / Distributor declares that if any rights of the Operator's or Distributor's customers or third parties are affected or infringed through specific regulations while they are using PSI's and BPI's games and software/products, or the rights of The Operator's Clients or Distributor's clients are affected or infringed by moral turpitude in connection with the commercial use/operation of the games/software/product.
 

Therefore, the Operator / Distributor shall bear the full responsibility and liability for such infringement and moral turpitude.  The Operator / Distributor shall personally compensate Promoting Services Inc. and BPI / Best Promoting Inc. for any and all damages caused by said infringement and moral turpitude and indemnify and hold PSI / Promoting Services Inc. and BPI / Best Promoting Inc. harmless.
 

LEGAL DEFINITION OF MORAL TURPITUDE by Merriam Webster:  CLICK
 

SEE  *OLD DISCLAIMER* posted on The WayBack Machine October 25th, 2016 CLICK


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