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This is a lawsuit against the parent of Big Fish Games (Churchill Downs*), alleging that the Big Fish Casino offers illegal gambling. The district court dismissed. (Here’s my post on that ruling: “Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute.”) The Ninth Circuit reverses.
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As alleged in the complaint, Big Fish offers free games, such as blackjack, poker, and slots. It gives new users some free chips so a player can play initially for free. After that, users can “earn” (through gameplay), transfer (but not sell), and purchase chips. The plaintiff lost over $1,000 of chips playing the app’s casino games and brought a putative class action asserting claims for Washington’s gambling statute, Washington’s Consumer Protection Act, and unjust enrichment.
The key question is whether Big Fish’s virtual chips are “a thing of value.” The gambling statute defines a “thing of value” as follows:
All persons losing money or anything of value at or on any illegal gambling games shall have a cause of action to recover from the dealer or player winning, or from the proprietor for whose benefit such game was played or dealt, or such money or things of value won, the amount of the money or the value of the thing so lost.
The Ninth Circuit holds that Big Fish’s virtual chips fit the definition because they are a “form of credit . . . involving extension of . . . entertainment or a privilege of playing [the game] without charge.”
Big Fish argued that the chips only enhance the game and do not merely extend it because users can keep playing with the chips they receive from gameplay. The court says the complaint alleges otherwise. The court considers the only Washington case (Bullseye Distributing) analyzing the gambling statute and finds that it supports plaintiff’s position. In Bullseye, the Washington appeals court concluded that “play points” players received were things of value because they extended gameplay. It did not matter whether these points were redeemable for money.
The parties also battled over a Washington gambling commission slideshow deck that Big Fish claimed support its position. The court says the deck did not constitute a definitive agency position so it’s of minimal authoritative value anyway.
The court distinguishes similar defense-favorable rulings due to the Washington statute’s broad definition of “thing of value”. Specifically, the court says that, unlike the plaintiff in Machine Zone, plaintiff can recover the value of virtual chips under the Washington statute. Big Fish, like all gaming platforms, makes an argument that the closed-loop nature of the system means that there are no “losses”. This argument fails. In a footnote, the court acknowledges that selling virtual chips on the “black market” is contrary to the Big Fish terms of service, so that isn’t the basis of its holding. The court interestingly distinguishes the ability to transfer (which apparently is allowed) from the right to sell (which is prohibited).
* Churchill Downs made a motion to substitute Big Fish Games, Inc. as the defendant on the basis that it transferred the Big Fish entity that operates the casino to a third party. The court rejects this request saying it’s only appropriate when a transfer has occurred, not when it is merely contemplated.
__
This is a noteworthy ruling.
As the court notes, numerous courts have rejected gambling lawsuits against gaming platforms that provide virtual currencies and games of chance. Although only resolving things at the pleading stage, this is a clear and emphatic ruling that plaintiffs may be able to take to the bank (literally).
Second, selling virtual currency is a big moneymaker for several gaming companies. If participants can recover their online gaming losses, it would drastically change the economics of a particular operation. One wonders whether this will lead to forum shopping by plaintiffs, and efforts to try to hold state operators to local (Washington) law.
It’s worth noting that this ruling only addresses things at the pleading stage. It’s a big hurdle to get over but one of many. I wondered why Big Fish didn’t try to push this dispute into arbitration. Perhaps that’s a battle the parties will fight down the road.
Eric’s Comment: You surely recall this classic scene from the movie Casablanca. The court says: “Churchill Downs, like Captain Renault in Casablanca, purports to be shocked— shocked!—to find that Big Fish Casino could constitute illegal gambling. We are not.” BURN!
Case citation: Kater v. Churchill Downs, No. 16-35010 (9th Cir. Mar. 28, 2017)
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Online games are getting increasingly addictive especially if they’re full of thrill. They increase your adrenaline levels and hook your attention, and one of these addictive games is Big fish casino.
The big fish casino is an online game that’s getting more popular in these last years and for a good reason. The players are searching for ways to level up and win real money.
But, the first question is, what is the Big Fish Casino?
The Big Fish Casino is the biggest online casino game of its kind since its launching in 2012. It gained wide popularity because of its fun cartoon appearance and bright colours ( blue and yellow). The logo of this game is represented by a green funny fish that portrays the humour of the game.
You get to play this game whether you have an Android or an iOS and whether you’re on your laptop online, desktop, phone, or tablet. You only need to check their game on your apple store or play store and download it for maximum fun.
If you’re on your laptop then there’s a software that enables you to play it comfortably.
What’s addictive about this game is its simplicity. You get to access the game through a simple basic menu which gives you the option to play it now (If you’re on your laptop then get ready to download the software) which opens instantly the play screen if you’re on your phone.
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This game is the first of its kind, the moment you open the game you get to feel a real-life casino experience because of all the slot machines in the background.
When you sign up to the game you get offered 100k free chips to play with. You get a lot of different possibilities and options of gaming such as poker games, slot games and table games. The thing to keep in mind is that the game is virtual and no real money is involved unless you want to buy additional chips.
There’s a useful guide on their website that will help you understand the rules of the games and play it correctly.
What is the Jackpot?
A jackpot in the big fish casino is the biggest win possible on a slot machine with a single spin.
The game offers almost 35k jackpots every single day to win from with a possibility to win up to 16 million chips with them.
There’s a possibility to win extra chips with the bonus wheel too if you get to play it so pray that you’ll be lucky.
When playing in tourneys, you can track your position live with the leaderboard so you can keep your eyes on the prizes when the draw is getting close.
How to win the Jackpot?
To win the jackpot you need to hit a combination of the designated symbols or wilds.
In other words, you need to hit on a single virtual bet five designated symbol or five wilds.
This, of course, can differ depending on the slot machine you’re playing on, so make sure to view the machine’s payout guide to be able to understand how to win the jackpot.
On older machines, it was important to bet the maximum amount of chips or lines to be able to win the jackpot, these older machines go by these names:
• Aztec Gold
• Midnight Luxe
• Big Win Safari
• Mystery of Marie Roget
• Candy Crane
• OMG LOL
• Enchanted Cavern
• One Armed Bandit-O
• Fate’s Fortune
• Pharaoh’s Flame
• Fruit Frenzy
• Rollin’ Rich
• Great Outdoors
• Secret Grove
• Gummy Drop! World Tour
• Sherlock Mysteries
• Haunted House Party
• Snow Day
• Hidden Forest
• Stars and Stripes
• Jade Horse
• Vineyard Getaway
• Mad Mouse
• Viva el Mariachi
But if you play on one of the newer machines then you’re not obliged to bet the maximum amount or all lines to be able to win, you get to design the number you want to be on with your chips plus the lines you want to virtually bet on.
But keep in mind, that the larger you bet, the larger your jackpot will be.
Hit jackpots on progressive slots
If you’ve ever had the chance to play on progressive slots, but it’s often advised the bet the maximum on them if you’re wondering why then here’s the answer:
While you’re playing on the slot, you might notice sometimes the large scrolling ticker that is positioned above the bank on these slot machines, after each game you might notice that the dollar amount and ticker are steadily rising and increasing.
That amount that is rising is the top jackpot that you’ll be able to win if you play these machines, as I’ve said before, the higher your bet, the larger and bigger your jackpot will be, so every time you place a bet, a percentage of the money goes to the jackpot and helps it get bigger and larger.
One other thing to keep in mind is, the amount you might win from these jackpots can reach millions and more, and the bigger the amount is, the smaller your odds are of winning, sometimes those odds are as minimal as those of lottery.
When everyone’s bets on these jackpots, that means that not all players will get the chance to win, it’s often advised to play the progressive slot machines if only you’re planning on betting the maximum amount available since they offer one of the largest prizes.
But that doesn’t mean you won’t be able to win, there’s still a slim possibility of you winning.
Level up in the Big Fish Casino
As a new player, it’s only normal to get limited access to the number of slots you get to play with, the more you unlock levels the more you progress and the more the numbers of slots machines get unlocked, but you’ll only get access to all non-VIP slot machines until you level up past the level 66.
So one other way to get access to a larger number of jackpots and to a larger one is to level up, although levelling up is a normal process in the game but it can be so slow.
And if your chips keep running out then you won’t be able nor to level up nor to participate in jackpots and win them. So how can you level up?
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You first need to know how levels are unlocked, you might have a slight misunderstanding of the process, but if you want to level up on this game you need to keep spinning.
Spinning enables you to gather a small amount of XP which will help you unlock the next levels.
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Now that you know this you need to understand the correct way of betting and spinning, just like I said before, if you’re not playing on progressive slots you might want to take it slow and bet the minimum, even though the jackpot and wins won’t be as attractive but you’ll be able to collect some XPs and some chips to help you level up.
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When you’re spinning, there’s a thing called “spamming”. This means hitting the spin button a lot as fast as you can. This process of interrupting spins will help you win more XPs in a much quicker way.
So that’s how you’ll be able to play more slot machines as you level up, and have higher chances of winning bigger jackpots that are more interesting.