Our marketing department was thinking about sending a survey to employees of a local business asking about their financial goals. It would be open to all employees of the business, whether they are customers or not. If they complete the survey, they would be entered into a drawing to win a gift card to a local restaurant. The employee will get the electronic communication; click on a link for the survey and then the bank will choose a random entry. Does this fall under the definition of a lottery since there is no fee to enter and it's open to all of the employees at the business?
Same scenario, but instead of a business and their employees, it is on social media?https://www.federalreserve.gov/aboutthefed/section9a.htm
Section 9A. Participation in lotteries prohibited
(a) A State member bank may not--
1. deal in lottery tickets;
2. deal in bets used as a means or substitute for participation in a lottery;
3. announce, advertise, or publicize the existence of any lottery;
4. announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.
(b) A State member bank may not permit--
1. the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or
2. direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).
(c) As used in this section--
1. The term "deal in" includes making, taking, buying, selling, redeeming, or collecting.
2. The term "lottery" includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the "participants") advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the "winners") will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes--
A. a random selection;
B. a game, race, or contest; or
C. any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.
3. The term "lottery ticket" includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.
4. The term "savings promotion raffle" means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).