Whilst prize competitions and free draws are exempt from Gambling Commission regulation under the 2005 Gambling Act, the legislation fails to establish precisely which kinds of games qualify for these categories. Interpreting the Act has thus proved problematic, in particular for premium rate phone-in television competitions. The potential for unregulated and generally lawful games of skill to compete with regulated or prohibited games of chance is topical in many gambling jurisdictions around the world.
The crux of the issue is typically the borderline area between what constitutes a game of skill and what constitutes a game of chance. Debate in this arena often centres on the very nature of the game itself, such as poker.
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