How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thelawman2 Your Own Question
Thelawman2
Thelawman2, Attorney
Category: Business Law
Satisfied Customers: 1529
Experience:  Attorney-at-Law
66887675
Type Your Business Law Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

What section of the Nevada Revised Statutes (NRS) permits

Customer Question

What section of the Nevada Revised Statutes (NRS) permits companies such as Publishers Clearing House to operate what is in effect a lottery, and make sales to Nevada residents. Would it be the same section of NRS or another that allows them and others to "not" be classified as a lottery?
JA: Has anything been filed or reported?
Customer: No. I am trying to understand what laws would be applicable prior to filing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. Thank you.
Submitted: 7 months ago.
Category: Business Law
Expert:  Thelawman2 replied 7 months ago.

Hello, my name is ***** ***** I will be helping you today. "Lottery" is defined in N.R.S. 462.105:

1. Except as otherwise provided in subsection 2, “lottery” means any scheme for the disposal or distribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining that property, or a portion of it, or for any share or interest in that property upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle or gift enterprise, or by whatever name it may be known.

2. “Lottery” does not include a promotional scheme conducted by a licensed gaming establishment in direct association with a licensed gaming activity, contest or tournament.

3. For the purpose of this section, a person has not “paid or promised to pay any valuable consideration” by virtue of having:

(a) Engaged in or promised to engage in a transaction in which the person receives fair value for the payment;

(b) Accepted or promised to accept any products or services on a trial basis; or

(c) Been or promised to have been present at a particular time and place,

as the sole basis for having received a chance to obtain property pursuant to an occasional and ancillary promotion conducted by an organization whose primary purpose is not the operation of such a promotion.

Expert:  Thelawman2 replied 7 months ago.

If there is no payment by a person or promise to pay for the chance of obtaining property, then the organization could make the argument that the "sweepstakes" is not a lottery. For instance, if you just enter to win without having to pay anything, you would not fit the definition of "lottery".

Related Business Law Questions