non-poker gambling legality question

djoyce003 · #1 04-02-2007, 11:16 AM

I'm sure everyone here has seen Deal or No deal, or 1 vs 100. In the middle of these game shows is a commercial where you can text an answer to a ridiculously easy question, or text a guess as to which case is the winning case. Each text costs $1, and the winner picked randomly from those guessing correctly wins $10,000. How is this not considered a lottery and is thusly illegal?

Skallagrim · #2 04-02-2007, 12:28 PM

Hmmm ... I actually have never really watched this show, but spending a dollar for a chance to be randomly selected to win 10,000 is certainly a lottery and thus illegal almost everywhere in the US. Perhaps they have some technicality in their favor (is there a way to enter online for free perhaps? does the dollar actually go to the show or prize pool? maybe others...perhaps they feel that the question aspect makes it a "skill" game, but this is a highly dubious legal position since the "skill" only gets you into the real contest) but otherwise, this is indeed an illegal gambling game.

Karak567 · #3 04-02-2007, 12:57 PM

[ QUOTE ]
is there a way to enter online for free perhaps?

[/ QUOTE ]

Yep.

djoyce003 · #4 04-02-2007, 02:00 PM

so the chance to enter online for free would make the game legal? Even though the vast majority of people will text an answer instead for $1? Interesting.

Skallagrim · #5 04-02-2007, 02:20 PM

Its not completely that simple djoyce, but the general answer is yes. For the same reason that even though most folks enter product lotteries by purchasing the product, always included is the language: "no purchase necessary" with a way to get entries by mail or something similar. If you dont have to pay to enter it is technically not a lottery but a "promotion."

cmillard · #6 04-02-2007, 06:23 PM

I think the difference here is that the $1 is a fee for the text message...it isn't going into a prize pool and it isn't a charge to play the game, it is a totally seperate fee.

djoyce003 · #7 04-03-2007, 09:51 AM

I agree that's true, but really the $1 ends up going to the advertiser, so essentially it is part of the prize pool...in a round about way. Without the $1 fee's, there wouldn't be a contest.