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(b) "Fringe gambling" does not include a gambling, lottery, video gaming device, or other promotional activity which is clearly occasional and ancillary to the primary activity of the business. (2) (a) "Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome: (i) is based upon an element of chance; and (ii) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome. (b) "Gambling" includes a lottery and fringe gambling. (c) "Gambling" does not include: (i) a lawful business transaction; or (ii) playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value. (3) "Gambling bet" means money, checks, credit, or any other representation of value. 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