Quote:
Originally Posted by oldjudge
What is an Illegal Lottery?
A lottery includes three things: (1) chance, (2) prize, (3) and consideration. To successfully run a contest or sweepstakes and not an illegal lottery, you must eliminate one of these factors. A contest, for example, eliminates chance and a sweepstakes eliminates consideration (typically an entry fee). You must be careful, however, that you are actually eliminating one of the three factors.
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Do you think this was an illegal lottery? As Leon said, there is no prize form the point of view of the law, because everyone gets a 1952 Topps card. Some are more valuable than others, sure, but that is no different from sports cards that are sold in packs in general.
It is interesting to note that Topps has a "No purchase necessary" program to help in the very law that you describe ( it is arguable whether or not they need it), and further that the set breaker here had an opportunity for a free slot in the break. One wonders what his motivation for that was...