You Might Be a Winner
        A blog from the attorneys of Verrill

        It’s Not a Lottery, It’s Just Deceptive

        by Robert Laplaca on November 5, 2024

        In a stunning argument to the PA Attorney General’s claim that Elon Musk’s $1MM Election Giveaway is an illegal lottery, yesterday Musk’s lawyer’s argued that it was not a random drawing subject to the lottery laws because “The $1 million recipients are not chosen by chance. We know exactly who will be announced as the $1 million recipient today and tomorrow.” Testimony from the director and treasurer of America PAC confirmed that the recipients are vetted ahead of time in order to “feel out their personality [and] make sure they were someone whose values aligned” with the PAC. Without explaining his reasoning, the judge denied the State’s request for an immediate injunction.

        As you know, when this giveaway began, I presented reasons why it could be an illegal lottery – some of which were picked up on by the PA Attorney General. But I admit that I was completely blindsided by Musk’s legal team’s argument in court. Maybe I just got duped by the ad. I apparently mistakenly thought that when Musk’s ad touted to “SIGN HERE” in order to “EARN $1,000,000” and told me “Every day from now until Election Day, one registered swing state voter who signs the petition will be selected to earn $1 MILLION” meant that if I clicked on “SIGN HERE” and gave my full name, email address, cellphone number and mailing address and virtually signed the petition that I would be entered for a chance to win the $1 million.

        Shame on me. They already picked the winner for the day I entered! There was no chance that I could “EARN $1,000,000” if I “SIGN HERE”. They just wanted my personal information and thought the best way to get it was to inform me about this promotion that I had no chance of winning.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

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