ARTICLE
10 February 2015

Kentucky Attorney General: Internet Sweepstakes Are Illegal Gambling

DM
Duane Morris LLP

Contributor

Duane Morris LLP, a law firm with more than 900 attorneys in offices across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today's legal and business challenges.
This past Friday, the Kentucky Attorney General issued an opinion concluding Internet sweepstakes machines meet the definition of illegal lotteries under Kentucky law.
United States Media, Telecoms, IT, Entertainment

This past Friday, the Kentucky Attorney General issued an opinion (OAG-15-005)  concluding Internet sweepstakes machines meet the definition of illegal lotteries under Kentucky law and computers used at Internet sweepstakes cafes constitute illegal gambling devices.

In 2007, the Kentucky AG similarly found phone card sweepstakes machines to be illegal gambling devices.  Last week's decision concludes that "[e]ven if a person receives fair value for a purchase, if the value received is merely incidental to the underlying game of chance, it is a forbidden lottery."

The AG Opinion recognized several other states with similar conclusions – i.e. Ohio, Alabama.

Legislation (SB 28) was also recently introduced to ban Internet sweepstakes cafes in Kentucky.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More