QUESTION

Is it legal to select the winner in random on a e-commerce site by taking less than $1 from them?

Asked on Apr 02nd, 2012 on Business Law - Delaware
More details to this question:
I am starting a commerce website where in I am going to sell electronic items. I want to sell it like Lucky dip. Which means everyone will put $1 for buying a camera. Deal will be active for 3 days. One random winner will be selected after 3 days and he will get the camera for free. All others who has spend $1 will get it as store credit, using that they can purchase other items. Is it legal to select the winner in random and one will get the product for free and all others will get the money they spend on deal as store credits?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is probably possible to structure this kind of arrangement so that it is not considered to be an illegal game of chance. You need to engage the services of an attorney because the law of multiple states will be involved and you will need to comply with both substantive and disclosure regulation.
Answered on Apr 03rd, 2012 at 8:38 PM

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