Ohio attorney General Marc Dann is prohibited from enforcing administrative rule against Nudgemaster. Ohio AG is is specifically charged with the responsibility of alerting all law enforcement agencies for which the Attorney General is counsel of this injunction.

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SYLLABUS:

2004-0291.
If the outcome of the play of a game is determined more than fifty percent by chance, the outcome of the game is determined “largely or wholly by chance” for purposes of R.C.

2915.01(AAA)(1)(b).2. Anything of value that is offered for winning a contest, competition, or tournament, based upon the play of a machine referred to in R.C.2915.01(AAA)(2), constitutes a “prize” for purposes of R.C.2915.01(AAA)(2)(c).



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Enclosed is a copy of the transcript of the state's Expert, Bill Riedthaler.

This is from the October 18th,2005 Liquor Control Commission Hearing Held in Meigs County.

Basically, The state's Expert agreed that if the player was told in advance what the outcome of the specific game was, it would NOT be gambling, It would in fact be a "skil game".

The " Nudgemaster5000™ " mirrors this testimony. We are informing the player, prior to insertion of money what the outcome of the game is going to be, therefore eliminating the "chance" element.

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Legal expert opinion on The Video Amusement Device Nudgemaster 5000 manufactured by World Touch Gaming, in this letter Attorney James Mc Clain concludes that this Machine is a Skill based amusement machine as that term is defined by the Ohio Revised Code section 2915.04(AAA) and should not be consider either a gambling device or a slot machine under the Ohio law.

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NFA has reviewed the Nudgemaster™ version 4.3.2.10 and concluded that it is a “skill-based amusement machine” pursuant to ORC 2915.01 (AAA) Players engage in a “task” whereby the player must actively participate in the task to attain a successful outcome. The outcome of the game play is not determined largely or wholly by chance.

NFA has also addressed the former Attorney General’s legal opinion released Oct. 31st, 2006 and concluded that the Nudgemaster™ does not have a “governor” feature or means to guarantee any specific profit to operators.

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