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#2141786 - 08/11/17 07:58 PM Sweepstakes/Raffle laws?
Monster Offline
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Posts: 500
Today I was on the phone with SC Banking Commissioners office, then consumer affairs, then legal division, general counsel, etc. Short story, transferred around a lot without much of an answer. Where can I find the sweepstakes laws for SC? Is it the same as 37-15-10, Prizes and Gifts?

Our bank is looking to be involved in a drawing that is completely free and for anyone to enter into, I just wanted to see if this was an issue in our state. Thank you in advance!

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#2141821 - 08/12/17 01:48 PM Re: Sweepstakes/Raffle laws? Monster
Rocky P Offline
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Florida




website - http://www.scstatehouse.gov/code/t16c019.php

SECTION 16-19-10. Setting up lotteries.

Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever or for money or by any undertaking whatsoever, in the nature of a lottery, by way of chances, either by dice, lots, cards, balls, numbers, figures, or tickets or who shall make, write, print or publish, or cause to be made, written, or published any scheme or proposal for any of the purposes aforesaid is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and imprisoned for one year. One-third of the fine imposed shall be paid to the person, if any, who informed law enforcement officials or other appropriate authorities about the violation which led to the conviction. Each violation constitutes a separate offense.

HISTORY: 1962 Code Section 16-501; 1952 Code Section 16-501; 1942 Code Section 1231; 1932 Code Section 1231; Cr. C. '22 Section 123; Cr. C. '12 Section 259; Cr. C. '02 Section 199; G. S. 2596; R. S. 185; 1762 (4) 180; 1996 Act No. 292, Section 3.

Time to fill out the ticket is also considered valuable, so even if it is free, it is not. It might be more problematic if accountholders were automatically entered and non-accountholders might need to register.
What would be the purpose of the "lottery", and what would be the prize?
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#2141840 - 08/14/17 11:21 AM Re: Sweepstakes/Raffle laws? Monster
Monster Offline
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Joined: Sep 2015
Posts: 500
One of our advertising memberships with the paper provides us tickets to college games. The entries would be quite simple and online, announced over the radio. Winners would pick up the tickets from one of our branches, and possibly take a photo when they do for us to advertise. Basically, we would just be giving away the tickets and taking a photo - the radio/newspaper does everything else.

Is this crossing the line? I truly appreciate you providing the citation but per usual with state codes, it sort of confuses me. When I read it, it sounds like all lotteries are forbidden - regardless of cost. Is that the case?

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#2141842 - 08/14/17 12:19 PM Re: Sweepstakes/Raffle laws? Monster
rlcarey Online
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rlcarey
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Galveston, TX
I think you need to focus on SECTION 37-15-40. As far as the "radio/newspaper does everything else" comment, I think you will find that you alone suffer any liability for the promotion.
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#2141845 - 08/14/17 12:49 PM Re: Sweepstakes/Raffle laws? Monster
Monster Offline
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Agreed, we don't let anything with our name on it without prior review - though this is perfect for using to match against, thank you! I'm still stuck on the overall possibility though... Can we do it at all? The section Rocky provided makes me feel like we can't, but I may be misunderstanding.

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#2141865 - 08/14/17 02:56 PM Re: Sweepstakes/Raffle laws? Monster
rlcarey Online
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rlcarey
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Galveston, TX
It will not be a lottery.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2145485 - 09/11/17 12:01 PM Re: Sweepstakes/Raffle laws? Monster
Monster Offline
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Posts: 500
Thank you!!

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