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I live in NC and want to raffle off a night at a hotel in…

Customer Question
I live in NC...

I live in NC and want to raffle off a night at a hotel in Scotland. I want to do this on Facebook. I this illegal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: What steps have you taken so far?

None

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/26/2018
Lawyer: ScottyMacEsq, Attorney replied 3 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

Yes, it's illegal unless you're a non-profit. Raffles are "lotteries". That is, they are:

1) Games of chance

2) for money

3) to win something of value

If all of the three elements are present, and there's not an exception in the law (such as for a recognized nonprofit) then this would be illegal. Now take away any of the three elements and it would be legal. But the problem is that that means that pretty much you could only mess with the second element. For the first element, it's either that everyone wins or that less than everyone wins. I assume that you're not giving everyone a night at a hotel in Scotland. The third element is that it's something of value. Obviously that's the case here. So the only way to make this legal, unless you're a recognized 501c3 nonprofit, is to make it that everyone entering the drawing doesn't have to pay. THis is why sweepstakes will say "no purchase necessary" (so that they can make it so that you don't have to pay to win). But you need to make that clear in your terms and conditions. Again, check any terms and conditions of any sweepstakes and they'll explain how to enter the sweepstakes without paying anything to them, and that's to get around illegal gambling. If you have all three of the elements above present, without it being a recognized 501c3 nonprofit organization, then that would be illegal gambling, I'm sorry to say

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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