; or (bb) solely on any single performance of an individual athlete in any single real-world sporting or other event. (C) Exclusions Such term does not include the following: (i) Any activity governed by the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )) for the purchase or sale of securities (as defined in such section). (ii) Any transaction conducted on or subject to the rules of a registered entity or exempt board of trade under the Commodity Exchange Act ( 7 U.S.C. 1 et seq.). (iii) Any over-the-counter derivative instrument. (iv) Any other transaction that— (I) is excluded or exempt from regulation under the Commodity Exchange Act; or (II) is exempt from State gaming or bucket shop laws under section 12(e) of the Commodity Exchange Act ( 7 U.S.C. 16(e) ) or section 28(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb(a) ). (v) Any contract of indemnity or guarantee. (vi) Any contract for insurance. (vii) Any deposit or other transaction with an insured depository institution. (viii) Participation in any game or contest in which participants do not stake or risk anything of value other than— (I) personal efforts of the participants in playing the game or contest or obtaining access to the internet; or (II) points or credits that the sponsor of the game or contest provides to participants free of charge that can be used or redeemed only for participation in games or contests offered by the sponsor and that cannot be sold or otherwise exchanged for cash at the gaming facility or elsewhere. (3) Business of betting or wagering The term business of betting or wagering does not include the activities of a person who is— (A) a financial transaction provider, to the extent such person is acting as such a provider, except with respect to an activity described in paragraph (10)(C)(ii)