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

        Win Tickets to Opening Day, But How Do I Get There?

        by Robert Laplaca on March 29, 2018

        Today (March 29th) is baseball’s opening day – the earliest opening day in history. If you’re going to the Yankees’ opener in Toronto, wear your ski caps it’s going to be 9 degrees Celsius – which sounds cold.

        I bring up baseball because I noticed on mlb.com that there are sweepstakes that have been running for the opportunity to win tickets to different opening day games. Note: tickets only. As stated in the Official Rules: “TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED.” Eligibility: Legal U.S. and Canadian residents (of course, excluding Quebec), 18 or older.

        [LAWYER ALARM goes off.] Is this the dreaded post-consideration – requiring a winner to pay to redeem, accept, use his prize? Will the umpire toss the promotion as quick as a pitcher throwing spitballs? Baseball, like promotions, are games of rules. And like baseball, the rules are subject to interpretation. The typical knee-jerk reaction to post-consideration is, you’re out. But just maybe, you’re not shutout when dealing with post-consideration.

        Prize, chance, and consideration = illegal lottery. But where does consideration end? Giving away one of those funny bullpen cars would require the winner to buy gas and insurance (?) to use it, but car giveaways are common. Even trip prizes may require transportation to the airport, passports, spending money, but they’re bon voyage.

        Interestingly, many of the state lottery or gambling statutes, or the case law interpreting them, are drafted in such a way that it can be argued that post-consideration does not make an illegal lottery at all, but instead only when the consideration is provided for the chance to win. For example, the Iowa lottery statute, Iowa Code §725.12 states: “When used in this section, “lottery” shall mean any scheme, arrangement, or plan whereby one or more prizes are awarded by chance or any process involving a substantial element of chance to a participant, and where some or all participants have paid or furnished a consideration for such chance.” (Emphasis added.) This is consistent with state gambling laws which require a “bet or wager” on a chance outcome.

        The problem may really come from the Prize Notification Statutes. These statutes are as wild as a junk ball pitcher just called up from the minors. Some require specific notice in 10-point/capitalized type of any charges a winner is required to pay in order to obtain a prize. (Iowa Code §714B.1; Minn. Stat. §325F.755). Others pertain to providing notice when there are specific conditions necessary to receive the prize itself. (Kan. Stat. §50-692). Other contain a specific list of charges that cannot be required. (Cal. Bus. & Prof. Code §17537(c)). Others pertain to payment to be made to the sponsor to receive a prize. (Utah Code §13-28-1). Others prohibit a payment to claim the prize. (Conn. Gen. Stat. §42-396). Perhaps because of the wide array of prize notification rules, sponsors try to stay away from post-consideration like a pull hitter from a curve ball down in the dirt.

        To get back to the question: can a sponsor just give away the event tickets? Let’s look at some examples:

        1. Give away tickets only, but open up the sweepstakes only to residents who reside near the ballpark. Sticklers (like those who think the DH is blasphemy) would argue that a winner still has to find her own way to the game. While true, this method of ticket-only prizes is commonly accepted.
        2. Give away tickets only and make clear disclosure that the winner does not get transportation and lodging. One of the great tenets of sweepstakes law is disclose, disclose, disclose. And while the corollary is what is stateth in the fine print cannot taketh away from the big print, if this disclosure is made in the big print, then entrants are warned not to enter if they can’t get to the game. This option may comply with the purpose, if not the letter, of the prize notification statutes.
        3. Provide an alternate prize. Although this may not get the publicity a sponsor may want when awarding game tickets, offering a winner the option to select either money/merchandise or the game tickets may ensure that a payment is not required to win the prize.

        Walt Whitman once said, “I see great things in baseball. It’s our game, the American game. It will repair our losses and be a blessing to us.” You can look it up.

        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.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...