Legal Question in Business Law in Alabama

I know that here in Alabama it is illegal to participate in gambling or gaming activities, and I know that this includes contests, raffles, and other games of chance. What I am wondering is if it would be illegal for me to give away a free gift to someone chosen at random, if in order to be one of the people with a chance to receive a gift from me, a purchase would have to be made from my online store. For instance, I would offer up for sale some items priced at $1, then randomly choose a person who had bought one of these items and give that person a free gift. I would include a disclaimer on the site stating that it was not my intention to have a contest, raffle, or any other game of chance and that if it seemed as though I were having a contest, it was entirely coincidental and not intended to be interpreted in such a way. Would this be illegal? And if so, is there any disclaimer I could use or an alternative way that I might possibly do this without breaking the law?


Asked on 5/06/10, 6:42 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

This question is so speculative that I can't answer it. There is no exception in the law for gambling at church bingo or "spit the pot" at the local civic club. Don;t rely on some disclaimer to keep you out of trouble. Look at the local news!!

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Answered on 5/12/10, 7:21 am


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