An electronic machine or device, for this section, is a mechanically, electrically, or electronically operated machine or device that is owned, leased, or otherwise possessed by a sweepstakes sponsor or promoter, or by their partners, affiliates, subsidiaries, or contractors. It is intended to be used by a sweepstakes entrant. It uses energy. It can display information on a screen or other mechanism.
The possession element is the one we underline for remote play. The device in the definition is possessed by the sponsor side, not merely used by the entrant. A terminal bolted to a counter at a mall shop fits that sentence cleanly. A personal phone that the sponsor does not own, lease, or possess is the argument operators use when they say the section does not reach a website. We read the argument in the definition. We did not fetch an appellate opinion in this pass that decides it. We will not pretend we did.
The same subsection says the section applies whether or not a long list of things is true. The device can be server-based. It can use a simulated game terminal as a representation of the prizes. It can use software so that the simulated game influences or determines the winning or the value of the prize. It can select prizes from a predetermined finite pool. It can reveal a predetermined entry. It can predetermine results and store them. It can use software to create a game result. It can require a deposit of money or a card, or it can require no direct payment. It can require purchase of a related product, and the related product can have legitimate value. It can reveal the prize incrementally. It can be a slot machine or another electrical, mechanical, or computer game.
"Entertaining display" includes visual information in the form of actual or simulated game play. The illustrations include video poker, video bingo, video craps, video keno, and video lotto. A sweeps slot is not going to escape by being "just a video."
"Enter" means the act by which a person becomes eligible to receive any prize offered in a sweepstakes. The statute is aimed at eligibility for a prize, which is the redeemable side of the model, not at a coin that can never become a prize.