In short, Madigan does not believe the exemption applies. The letter goes on to say that 'persons whose wagers depend upon how particular, selected athletes perform in actual sporting events stand in no different stead than persons who wager on the outcome of any sporting event in which they are not participants.' Madigan noted the theoretically relevant exception of subsection 28-1(a), which allows 'Offers of prizes, award or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance,' but determined that 'in the context of daily fantasy sports, the 'actual contestant'. This item (12) does not apply to activities referenced in items (6) and (6.1) of subsection (b) of this Section. (a) A person commits gambling when he or she: (1) knowingly plays a game of chance or skill for money or other thing of value, unless excepted in subsection (b) of this Section (12) knowingly establishes, maintains, or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet.

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