Games of Skill: Legal Implications at the Carnival

Most people have had the experience of going to a carnival and seeing the various games. These so-called “games of skill” often seem unbeatable, from ring-tosses to basket-ball throwing challenges. Many popular games are known to be scientifically rigged or extremely in favor of the player losing. Some carnival game operators even take deliberate action to prevent players from winning. Nevertheless, sometimes, the alluring draw of a jumbo-sized stuffed animal or expensive prize is too much to resist. For instance, the video below shows a worker trying to ruin a boy’s fair win. 

The video above shows a boy playing a game where he has to balance a ball along a section of track. For most players, the track’s wobble and the ball’s momentum are too much to overcome. Surprisingly, the boy is easily able to get the ball in balance, winning the game quickly. Upon seeing the boys win, a worker walks over and throws the ball off-balance. According to the video’s creator, the worker said the boy would have to win again to receive a prize. 

Is requiring additional wins in games of skill legal? Are there any legalities that dictate how carnival games should be run? 

Ugo Lord’s Analysis 

The TikTok lawyer Ugo Lord explains that each carnival worker sets the rules for their booth’s game. The worker should clearly explain the prize requirements to each player. If they can’t do this, they must post signs that clearly describe the prices, rules, and rewards.

We can analyze carnival games like this through contract law. A carnival worker’s advertisements offer a prize for winning the game. When a patron pays and plays, they accept the offer and expect to receive the award upon winning. This is even true if the offer and acceptance are verbal or implicit. 

Despite the boy likely only having lost a few dollars playing the game, he could undoubtedly file a small claims suit against the carnival worker. Given the evidence in the video, the worker broke the end of the verbal contract, making him liable for any unexpected losses the boy experienced. 

Are All Carnival Games Rigged? 

Carnival games occupy a unique legal space. Some fall under games of skill, where players succeed by using their ability to play, learn, and adapt over time. Players can essentially practice these games until they master winning strategies. If authorities deem a game of skill fair, it usually faces few operational limits and regulations. Examples of carnival games of skill include basketball shooting, rope-ladder climbing, and dunk tanks.

On the other hand, many carnival games rely entirely on chance, leaving the player’s fate to luck. Wheel spins and fishing for prize games are common examples of games of chance. Authorities regulate games of chance more strictly, as they often consider them forms of gambling. Operators must follow stricter regulations and obtain necessary permits if allowed at carnivals. Surprisingly, many people who study carnival regulations note that games advertised as games of skill, such as ring tosses and balloon darts, are more chance-based than you may think. 

Regardless of the various regulations put in place for carnival games, many operators still use shady tactics to make their games hard to win. While many games are extremely difficult, most carnivals and carnival regulators ensure that some games of chance and skill are fair at each venue. 

Games of Skill: Can You Ensure a Game is Fair 

Aside from carnivals regulating their game booths, it is hard to ensure each game you play is fair. This is especially true for games of chance. Regulatory entities may require an officer or inspector to observe the game of skill before allowing the booth to operate. During an inspection, officers may watch the worker play the game, record the gameplay, and observe actual patrons throughout the day. In contrast, authorities usually regulate games of chance with stricter permit requirements.

If you do not trust a carnival game, you can always ask the worker questions about how to play. Many seasoned carnival game professionals claim that they even ask carnival workers to demonstrate themselves winning a game of skill. 

Regardless of how fair a specific game is, we can all agree that paying a few dollars for the excitement of winning a prize is fun. With that in mind, having deliberately sabotaged games of skill ruins this fun, but can luckily be argued under contract law.