Do not classify them as the same product—but do not rely on the word “free” to distinguish them. New York’s statute addresses a defined dual-currency model involving cash or cash-equivalent opportunities. Maine’s regulator similarly identifies internet availability, dual currency and simulated casino-style gaming as elements of its new prohibition. These definitions require examination of the actual product rather than its marketing label. (nysenate.gov)
For this desk, a demo-only procurement brief means playable content with no real-money stake, no redeemable winnings and no prize entitlement. That is our working research boundary, not a nationwide legal exemption.
What should the classification record contain?
Use the following as a recommended due-diligence worksheet:
| Component | Evidence to request | Escalation trigger |
|---|---|---|
| Game session | Currency descriptions, purchase options, redemption rules and screenshots. | Credits can be bought, transferred, redeemed or used for prize eligibility. |
| Publisher wrapper | Page copy, buttons, banners, comparison tables and registration prompts. | A demo page also promotes a prize-bearing or wagering proposition. |
| Outbound journey | Destination domains, redirects, tracking parameters and territorial rules. | The final destination differs from the destination approved during procurement. |
| Supplier configuration | Written confirmation of the endpoint and permitted presentation. | The supplier can introduce promotional overlays or change game mode without approval. |
| Audience | Intended age group, territorial targeting and available audience evidence. | Child-directed presentation, known younger users or unreviewed states. |
Buyer conclusion: ask counsel to assess the configuration you will actually publish. A legal assessment of a standalone game should not be treated as approval of a different page, monetisation model or referral journey.