It is legal to create a BetAmerica or FanEx Sports Account from ANYWHERE. The state of residence of the account holder does not determine whether or not it is legal to play.
State Restrictions regarding Race Wagering and Fantasy Games depend on the State where you log-in from. Use the chart below to see which states have restrictions regarding Race Wagering and Fantasy Games when users are logged in:
|State||Race Wagering Allowed?|
|State||Fantasy Sports Allowed?|
BAM Software and Services LLC maintains, supports and provides marketing services for BetAmerica.com, which offers individuals in designated jurisdictions the opportunity to fund accounts and place wagers on live horse and greyhound racing. Individuals establish an account, are authenticated for identity and age, deposit funds to their account, place wagers from the funds on deposit, watch live racing, and have winnings credited to their account, which they can then withdraw as they wish.
BetAmerica.com is a service of Lien Games Racing LLC, a licensed and regulated Service Provider by the North Dakota Racing Commission. All wagering is conducted in association with a licensed charity in North Dakota, which receives a percentage of every wager. All BetAmerica.com wagers are securely commingled into host track betting pools and winning wagers are paid at full track odds. Lien Games Racing LLC has signed simulcast agreements with every track offered by BetAmerica.com. Click here to view our current license issued by the North Dakota Gaming Commission.
While not licensed at the federal level in the United States, pari-mutuel account wagering has been acknowledged to be legal under Federal law. The Interstate Horseracing Act was originally passed in 1978 “in order to further the horseracing and legal off-track betting industries in the United States.” 15 U.S.C. §3001(b). It was clarified in 2000 to provide that pari-mutuel wagers “placed or transmitted by an individual in one State via telephone or other electronic media and accepted by an off-track betting system in the same or another State” was lawful, so long as wagering on horse racing wasn’t prohibited at the location where the individual was physically located. 15 U.S.C. § 3002(3). BetAmerica.com follows these federal requirements and does not accept pari-mutuel wagers from individuals in states which prohibit such wagering, such as Utah and Hawaii.
Fantasy Sports Legality
BAM Software and Services LLC maintains, supports and provides marketing services for BetAmerica.com, which offers individuals in designated jurisdictions the opportunity to fund accounts and enter fantasy-based contests based on the performance of individuals in real world events. Individuals establish an account, are authenticated for identity and age, deposit funds to their account, pay entry fees for fantasy-based games from the funds on deposit, and have prizes credited to their account, which they can then withdraw as they wish.
Playing fantasy games for real money is legal in the US and Canada. The Unlawful Internet Gaming Enforcement Act (UIGEA) of 2006 contained exemptions since it’s a game of skill. The only exceptions are in Arizona, Iowa, Louisiana, Montana, North Dakota, Oregon, Puerto Rico, Vermont and Washington, where we do not operate because of state law.
§ 5362. Definitions
In this subchapter:
- (1) BET OR WAGER. The term ‘bet or wager’–
- (A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;
- (B) includes the purchase of a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance);
- (C) includes any scheme of a type described in section 3702 of title 28;
- (D) includes any instructions or information pertaining to the establishment or movement of funds by the bettor or customer in, to, or from an account with the business of betting or wagering; and
- (E) does not include–
- (ix) participation in any fantasy or simulation sports game or educational game or contest in which (if the game or contest involves a team or teams) no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization (as those terms are defined in section 3701 of title 28) and that meets the following conditions:
- (I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
- (II) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
- (III) No winning outcome is based–
- (aa) on the score, pointspread, or any performance or performances of any single real world team or any combination of such teams; or
- (bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.
You can read the entire UIGEA here.