To help us determine whether or not an advertisement is promoting gambling (just in case it isn't obvious), we base our decisions on the 'lottery' definition provided by MLMLaw -
A lottery consists of a disposition of property, on contingency determined by chance, to a person who has paid valuable consideration for the chance of winning the prize California Penal Code 319 defines a “lottery” as:[A]ny scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known.Each of three elements must be present to constitute a “lottery,” namely, a prize, distribution of the prize by chance, and consideration for the opportunity to win the prize.
Two other similar programs, contests and sweepstakes, are perfectly legal. Each combines only two of the three “lottery elements.” For example, a contest combines the elements of prize and consideration, however, the element of chance is absent. In a contest, the prize is awarded to on the basis of skill rather than luck (e.g., the person who sells the most cars, or reaches a certain goal faster than his competitors). A sweepstakes combines the elements of prize and chance, but lacks the element of consideration. A sweepstakes awards its prize solely on the basis of luck, however, a participant need not provide “consideration” (anything of value, frequently money or effort). The most common examples of sweepstakes are magazine sweepstakes. Although they welcome your purchase, none is necessary to participate.
'consideration for the opportunity to win the prize'
As stated in the previous quote from MLMlaw, “consideration” is described as "anything of value, frequently money or effort".
So, if you are rewarded for surfing by being presented with the chance to win a prize, you are participating in a lottery (whatever the provider or the promoter has chosen to call it).
Most of the gambling (games of chance) on offer are obvious. For example, slots, cards, dice, raffles, scratch & win, prizebox, MMOFF, PromoSlice - by providing 'consideration' you are rewarded with the opportunity of winning a 'prize' but the winner of the prize is determined by 'chance'.
Games such as hangman or tic-tac-toe can be won. It's skill, not gambling.
Games such as 'The Tezzers Prize Page' (click Tony, Tez or Paul), or DragonSurf's 'cave game' - everyone wins a prize - not gambling.
The argument that the prize is credits and not cash does not hold. You purchase or work for your credits and you use them to purchase advertising - even if you are unable to convert them to cash, your credits are equivalent to cash.
The promotion of anything offering a reward for effort that is awarded randomly is prohibited on this site.
© 2016 - 2020 Pete Tyson. All rights reserved.