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Section 17 of chapter 271 makes it illegal to keep or be found in any place with "apparatus, books or any device, for registering bets, or buying or selling pools, upon the result of a . contest of skill . upon the result of a game . the statute prohibits two different kinds of conduct. first, it is illegal to hold or participate in a deuces wild poker tournament if players or spectators bet money or anything else of value on hands or games. there is no exception to this prohibition. under massachusetts law, a player bets if he or she has a chance of winning and losing money or something of value, and whether he or she wins or loses is dependent on the outcome of a hand or game.3 second, it is illegal for tournaments to pool the proceeds collected from players and use those proceeds for the prizes awarded. even if only a portion of the proceeds collected go to the winner s ; , it may still represent an illegal pool under massachusetts law.4 poker tournaments must be structured to avoid the restrictions on bets and pools. for example, a tournament may be lawfully operated if: players pay a pre-determined entry fee that entitles them to play in the tournament. so long as the entry fee is pre-determined, is the same for all players in the game, and is not tied to how the players fare during the game, it does not constitute betting. of course, requiring players to pay an entry fee would turn the tournament into a lottery. the tournament would then have to be sponsored by a qualifying non-profit organization that has been issued a bazaar permit under section 7a of chapter 271. at the start of the tournament, players are given an equal number of poker chips. once the tournament begins, players cannot purchase any more chips. re-buys are prohibited. during the course of the tournament, players receive prizes. the rules might provide that at the end of each game, or at the end of each hour of play, the player with the most number of points or chips receives a prize. even though players have a chance of winning something of value, it is not betting because the players have no chance of losing anything of value. prizes are determined by the event organizer in advance of the tournament, and do not increase or decrease based on the number of people who play, the amount of money collected, or the outcome of a particular hand or game. courts in other states have found a meaningful distinction between games in which there is a pre-determined prize contributed by an event organizer, and games in which the participants alone contribute the funds which the winner s ; receive.
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