§ 609.755

State of Minnesota v. Shawn Deangelo Jones · 2016 1 citation

+ 1 more citation in this opinion.

Minnesota Souvenir Milkcaps, LLC v. State · 2004 1 citation

Minnesota law makes conducting lotteries a misdemeanor. Minn. Stat. § 609.755 (2002). “A lottery is a plan which provides for the distribution of money, property or other reward or benefit to persons selected by chance from among participants some *403 or all of whom have given a consideration for the chance of being selected.” Minn. Stat § 609.75, subd. 1(a) (2002). Thus, a lottery exists if (1) a prize or reward is offered, (2) chance determines who is awarded the prize, and (3) participants pay consideration for the chance to win the prize. Id. But an in-package chance promotion is not a lottery if (1) one can participate for “free and without purchase of the package,” (2) the permissible methods of participation are free and a “scheduled termination date of the promotion” is listed, (3) retailers are given entry forms so that customers can participate for free, (4) odds of winning are not misrepresented, (5) game pieces are randomly distributed and distribution records are maintained “for at least one year after the termination date of the promotion,” (6) “prizes are randomly awarded if game pieces are not used”, and (7) the sponsor provides the state with a record of those who were awarded prizes of $100 or more upon request, if the request is made within one year of the promotion’s termination date. Minn. Stat. § 609.75, subd. 1(b) (2002).