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Freedom251 › Blog › Online gambling

Is Stake.us Legal in Washington? Can You Play in WA?

By Freedom251 Team · · 2 min read

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No—Washington residents should not play Stake.us from Washington. Washington’s Gambling Commission says online gambling is prohibited, and Stake.us independently lists Washington as an excluded territory in its terms. The Commission also says knowingly transmitting or receiving gambling information online is a class C felony; that is the Commission’s description of the law, not individualized legal advice.

Why the answer is no

There are two separate reasons a Washington resident should not use Stake.us from the state: Washington’s regulator says online gambling is prohibited, and Stake.us’s own terms exclude Washington.

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  • Washington’s position: The Washington State Gambling Commission’s online gambling FAQ says Washington law prohibits online gambling. The Commission says knowingly transmitting or receiving gambling information by telephone, internet, or a similar means is a class C felony.
  • Stake.us’s position: Its Terms & Conditions list Washington among excluded U.S. states. The terms say users represent that they do not live in an excluded territory when accepting the terms, accessing or using the platform, creating an account, or playing.

The Commission’s general explanation of illegal gambling identifies three elements: consideration, chance, and a prize. Its illegal gambling activities guidance describes the state’s restrictions and the elements it considers.

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Does the “sweepstakes casino” label make it legal?

No blanket exception follows from that label. The Commission’s Sweepstakes FAQ explains that charitable raffles and promotional contests have distinct rules, and says the commercial sweepstakes arrangement discussed there is not authorized merely because it is marketed as a sweepstakes. It must comply with the rules for an authorized activity.

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Stake describes its games as not offering real-money gambling and describes Gold Coin and Stake Cash in its terms. Those are the platform’s own characterizations; they do not override Washington’s restrictions or remove Washington from its excluded-territory list.

Can virtual coins still count under Washington’s guidance?

They may matter. The Commission’s guidance on virtual casinos says virtual currency may be a “thing of value.” It further says games of chance in which a player wagers virtual currency for the chance to win more virtual currency are likely to constitute illegal gambling. This is agency guidance drawing on cases including Kater v. Churchill Downs Inc. and Larsen v. PTT, LLC; it is not a court ruling specifically about Stake.us.

Should you use a VPN or location-changing tool?

No. A VPN or location-spoofing tool does not change Washington’s legal position or Stake.us’s terms. Washington is listed as excluded, and the Commission says online gambling is prohibited. Do not try to bypass the restriction.

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Where to get an answer about a specific situation

If you need guidance about a particular activity or legal concern, contact the Washington State Gambling Commission through its online gambling FAQ. The Commission’s statements describe its guidance; they are not a substitute for advice about an individual case.

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