Sound Control

Minnesota

12/17/01

In a letter from Assistant Attorney General Jon C. Audette, June 17, 1998: "It has come to my attention that you have requested an opinion on the legality of your proposed essay contest. While our office is prohibited from offering legal advice to private citizens, I can refer you to several provisions of law which may assist you in determining the legality of your proposed activity."

"You should be aware of the provision in Minn. Stat. § 609.75(5) that makes it a crime to conduct a lottery. It is also a crime to disseminate information about a lottery, except a lottery conducted by an adjoining state, with intent to encourage participation therein. Minn. Stat. § 609.755(3)."

"A 'lottery' is defined by statute as a 'plan which provides for the distribution of money, property or other reward or benefit to persons selected by chance from among participants some or all of whom have given consideration for the chance of being selected.' Minn. Stat. § 609.75, subd. 1(a). The question of what it means to be 'selected by chance' is given some treatment in the definitions of 'bet' and 'what are not bets' contained in Minn. Stat. § 609.75. A 'bet' is defined as 'a bargain whereby the parties mutually agree to a gain or loss by one to the other of specified money, property or benefit dependent upon chance although the chance is accompanied by some element of skill.' Minn. Stat. § 609.75, subd. 2 (emphasis added). In the section entitled '[w]hat are not bets,' one of the listed items is '[o]ffers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or other property entered in such a contest.' Minn. Stat. § 609.75, subd. 3(3)."

"Our office has taken the position that many essay contests meet the statutory definition of 'bet,' and that the winners of such contests are selected by chance. Although an essay contest may involve some element of skill, the judging of such a contest is largely subjective. What is witty or creative to one person may not be to the next person. You will note that the types of contests enumerated in the definition of 'what is not a bet' lende themselves to determination by objective criteria. Creativity in writing, however, is not so readily determined."

"I hope this information is helpful to you. If you have any questions concerning this correspondence, please contact myself or Special Agent John Overland at the Gambling Enforcement Division of the Department of Public Safety."

Office of the Attorney General
Law Enforcement Section
Suite 1400
445 Minnesota Street
St. Paul MN 55101-2131
(612) 296-7575
(800) 657-3787
(612) 297-4348 (facsimile)
(612) 297-7206 (TDD)
(800) 366-4812 (TDD)
www.ag.state.mn.us



Minnesota Statutes 2001

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Copyright 2001 by Mark Samwick, Wilmington, NC. All rights reserved.

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