Our marketing department wants to promote the use of the ATM at a new branch by putting extra money in the ATM. Anyone who uses the ATM may get extra money when they withdraw funds from this particular ATM. It is open to the general public, HOWEVER, non customers may be charged a foriegn ATM fee. Is this considered a lottery?

I would say yes. First some people have to pay to play. Secondly how do those people without an ATM card enter for their chance to win.

Two issues that make this gray. 1) Many ATM users pay no fees, even when the ATM is foreign. 2) Just open registration to allow mail in entries.

Here is a previous thread on this topic: ATM Giveaway