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| | Author: | Jer | Posted: | Oct 15, 2022 10:50 | Subject: | ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 114 times | Topic: | Sales | |
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| Hello fellow brick builders!
Hope ya'll are having a nice weekend; maybe I can make it a bit better by
offering you 15% off all the parts already priced pretty low.
NOT ONLY THAT, but this month is the third raffle I'm doing where every order
you place will come with a raffle ticket. On the 10th's of the following
month I do a live drawing on my Instagram where you can check to see if you won
and claim it
This month's set is 40533: Cosmic Cardboard Adventures!
Take a few moment's just to check my shop and see if there is ANYTHING you
might be able to add to your collection to get yourself a ticket.
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| | | | Author: | negative | Posted: | Oct 17, 2022 10:05 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 54 times | Topic: | Sales | |
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| Your promotion is illegal. It is against the law in all 50 US states for individuals
and for-profit businesses to hold raffles.
Here are the laws for Oklahoma (§21-1051):
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69564
http://www.gambling-law-us.com/State-Laws/Oklahoma/
In short, only churches, schools, fire/police departments and registered non-profits
can hold raffles in your state. The entity holding the raffle has to work for
or be a member of a qualified organization, so you can't hold a raffle and
then claim you are donating the profits to a qualified charity to create a loophole.
In addition, even if you were one of the legally defined entities that is allowed
to hold a raffle in your state, by offering it online, you are potentially violating
the laws of other states. Some states allow raffles, but do not allow them to
be held online. Some states disallow *anyone* from holding raffles, even charities
and non-profits. Some states do not allow credit cards to be used to buy raffle
chances.
And finally, you cannot take Paypal for raffles, unless you have approval to
do so, and they will not grant those permissions unless "the operator and customers
are located exclusively in jurisdictions where such activities are permitted
by law".
https://www.paypal.com/us/legalhub/acceptableuse-full
Thank you
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| | | | | | Author: | legomalego | Posted: | Oct 17, 2022 10:17 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 36 times | Topic: | Sales | |
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| Don't be so negative.
In Sales, negative writes:
| Your promotion is illegal. It is against the law in all 50 US states for individuals
and for-profit businesses to hold raffles.
Here are the laws for Oklahoma (§21-1051):
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69564
http://www.gambling-law-us.com/State-Laws/Oklahoma/
In short, only churches, schools, fire/police departments and registered non-profits
can hold raffles in your state. The entity holding the raffle has to work for
or be a member of a qualified organization, so you can't hold a raffle and
then claim you are donating the profits to a qualified charity to create a loophole.
In addition, even if you were one of the legally defined entities that is allowed
to hold a raffle in your state, by offering it online, you are potentially violating
the laws of other states. Some states allow raffles, but do not allow them to
be held online. Some states disallow *anyone* from holding raffles, even charities
and non-profits. Some states do not allow credit cards to be used to buy raffle
chances.
And finally, you cannot take Paypal for raffles, unless you have approval to
do so, and they will not grant those permissions unless "the operator and customers
are located exclusively in jurisdictions where such activities are permitted
by law".
https://www.paypal.com/us/legalhub/acceptableuse-full
Thank you
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| | | | | | | | Author: | negative | Posted: | Oct 18, 2022 14:11 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 32 times | Topic: | Sales | |
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| In Sales, legomalego writes:
| Don't be so negative.
|
Oh man, you missed a perfect opportunity to say "Username checks out" Oh well,
I'm sure you'll get 'em next time!
Thank you
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| | | | | | Author: | macebobo | Posted: | Oct 17, 2022 13:37 | Subject: | Re: Killjoy | Viewed: | 61 times | Topic: | Sales | |
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| In Sales, negative writes:
| Your promotion is illegal. It is against the law in all 50 US states for individuals
and for-profit businesses to hold raffles.
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Uh, oh, hide your raffles folks, the internet police is out in force today
No, thank you.
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| | | | | | | | Author: | negative | Posted: | Oct 18, 2022 11:12 | Subject: | Re: Hurr Durr | Viewed: | 43 times | Topic: | Sales | |
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| In Sales, macebobo writes:
| Uh, oh, hide your raffles folks, the internet police is out in force today
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Oh snap, I am PWNED!!! I love the vague hypocrisy on display here.
If someone on BL lists an assembled minifig as "new", they are publicly shamed.
If a 17 year old buys something, they are reported and banned.
If someone tries to get a seller to undervalue an item on a customs form, they
are outed on the forums and blocked left and right.
If someone tries to sell something without a proper BL store, or directs sales
offsite to avoid fees, 37 people shout them down and fire off PMs to the admins.
But when a seller runs a gambling promotion that is illegal in all 50 US states,
and Canada, and the UK without a license, then BL forum becomes the Party Posse
and someone who calls it out is a "killjoy". (I probably would have gone with
"Narc")
As the hosting site/business, BL is liable here. It's illegal, whether you
Fun Uncles agree it should be or not. If it was legal, eBay, Amazon, and every
other online sales platform would be taking in dump trucks full of money hosting
raffles every day.
Thank you
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| | | | | | | | | | Author: | Nubs_Select | Posted: | Oct 18, 2022 11:28 | Subject: | Re: Hurr Durr | Viewed: | 39 times | Topic: | Sales | |
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| | If someone on BL lists an assembled minifig as "new", they are publicly shamed.
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Not really. Some disagree but there are many on both sides
| If a 17 year old buys something, they are reported and banned.
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Sometimes but not always.
| If someone tries to get a seller to undervalue an item on a customs form, they
are outed on the forums and blocked left and right.
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That’s something that is always done (sometimes you’ll get sellers tho who do
it without asking )
| If someone tries to sell something without a proper BL store, or directs sales
offsite to avoid fees, 37 people shout them down and fire off PMs to the admins.
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Usually 1 or 2 if they want to sell on bricklink without a store and usually
forum admins find the others fast enough
| But when a seller runs a gambling promotion that is illegal in all 50 US states,
and Canada, and the UK without a license, then BL forum becomes the Party Posse
and someone who calls it out is a "killjoy". (I probably would have gone with
"Narc")
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But gambling is fun!
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| | | | | | | | | | | | Author: | 1001bricks | Posted: | Oct 18, 2022 15:00 | Subject: | Re: Hurr Durr | Viewed: | 39 times | Topic: | Sales | |
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I don't agree, it can be a serious problem.
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| | | | | | | | | | | | | | Author: | Nubs_Select | Posted: | Oct 18, 2022 15:05 | Subject: | Re: Hurr Durr | Viewed: | 37 times | Topic: | Sales | |
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| In Sales, 1001bricks writes:
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I don't agree, it can be a serious problem.
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But that's what makes it fun (unless the person is married and it causes
problems for the family)
(sarcasm incase no one could tell )
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| | | | | | | | | | Author: | yorbrick | Posted: | Oct 18, 2022 14:27 | Subject: | Re: Hurr Durr | Viewed: | 48 times | Topic: | Sales | |
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| In Sales, negative writes:
| In Sales, macebobo writes:
| Uh, oh, hide your raffles folks, the internet police is out in force today
|
Oh snap, I am PWNED!!! I love the vague hypocrisy on display here.
If someone on BL lists an assembled minifig as "new", they are publicly shamed.
If a 17 year old buys something, they are reported and banned.
If someone tries to get a seller to undervalue an item on a customs form, they
are outed on the forums and blocked left and right.
If someone tries to sell something without a proper BL store, or directs sales
offsite to avoid fees, 37 people shout them down and fire off PMs to the admins.
But when a seller runs a gambling promotion that is illegal in all 50 US states,
and Canada, and the UK without a license, then BL forum becomes the Party Posse
and someone who calls it out is a "killjoy". (I probably would have gone with
"Narc")
As the hosting site/business, BL is liable here. It's illegal, whether you
Fun Uncles agree it should be or not. If it was legal, eBay, Amazon, and every
other online sales platform would be taking in dump trucks full of money hosting
raffles every day.
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So why not report it, using the proper channels like the other infringements
you mention.
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| | | | | | | | | | | | Author: | PlanetEarthToys | Posted: | Oct 18, 2022 16:45 | Subject: | Re: Hurr Durr | Viewed: | 45 times | Topic: | Sales | |
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| good thing members are not addicted to this forum.. otherwise they would hang
out here all day & talk about trivial stuff..
i would say more.. but life is requiring me to go outside & do physical things
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| | | | | | Author: | CCME | Posted: | Oct 18, 2022 16:14 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 43 times | Topic: | Sales | |
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| In Sales, negative writes:
| Your promotion is illegal. It is against the law in all 50 US states for individuals
and for-profit businesses to hold raffles.
Here are the laws for Oklahoma (§21-1051):
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69564
http://www.gambling-law-us.com/State-Laws/Oklahoma/
In short, only churches, schools, fire/police departments and registered non-profits
can hold raffles in your state. The entity holding the raffle has to work for
or be a member of a qualified organization, so you can't hold a raffle and
then claim you are donating the profits to a qualified charity to create a loophole.
In addition, even if you were one of the legally defined entities that is allowed
to hold a raffle in your state, by offering it online, you are potentially violating
the laws of other states. Some states allow raffles, but do not allow them to
be held online. Some states disallow *anyone* from holding raffles, even charities
and non-profits. Some states do not allow credit cards to be used to buy raffle
chances.
And finally, you cannot take Paypal for raffles, unless you have approval to
do so, and they will not grant those permissions unless "the operator and customers
are located exclusively in jurisdictions where such activities are permitted
by law".
https://www.paypal.com/us/legalhub/acceptableuse-full
Thank you
|
Appears this certain raffle style does not technically meet the definitions cited,
although admit there can be gray area. However, the store is selling items at
regular price and if anything they are losing money (cost of prize). They are
not charging for the raffle entry direct perse, although I understand your view
of an incentive. Personally though, I give kudos to this store and like the idea
of creating a connection with customers.
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| | | | | | | | Author: | negative | Posted: | Oct 19, 2022 11:07 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 35 times | Topic: | Sales | |
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| | Appears this certain raffle style does not technically meet the definitions cited,
although admit there can be gray area.
|
You have to buy something to get a ticket. It's not a free sweepstakes, it's
an illegal raffle.
If "buy something, get a lottery ticket" was legal (it isn't), again eBay,
Amazon et al would do it all the time.
Have you ever seen "Get a raffle ticket with every purchase!" in Target, Walmart,
or any other chain store? No, you haven't, because it's still illegal.
From the site "Raffle laws in the US and Canada":
Raffles and lotteries both have the same three defining elements:
Consideration (the entry exchanges money or something else of value for the
chance to win).
The prize has monetary value.
The winner is drawn randomly.
https://www.liveabout.com/raffle-laws-in-the-us-and-canada-running-a-legal-raffle-4590248
The key point is "Consideration". In the case of OP's promotion, you can't
get an entry unless you exchange $. It's not a grey area, it's illegal.
Here's a bit from an article in the Oklahoman, a newspaper in OP's state,
detailing how all those clever little workarounds everyone who has ever done
this thinks they are a wizard for coming up with don't work:
Hold the raffle as part of a chili supper, so when you buy a chili supper
ticket you also get a chance on a TV set. That's still a raffle.
Print "Donation $1.00" on the ticket, to indicate the customer is donating to
a worthy cause, not buying a chance on a side of beef. That's still a raffle.
Pay with canned food instead of money. That's still a raffle.
https://www.oklahoman.com/story/news/1991/03/08/raffles-illegal-in-state/62534674007/
Thank you
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| | | | | | | | | | Author: | CCME | Posted: | Oct 19, 2022 22:24 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 27 times | Topic: | Sales | |
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| In Sales, negative writes:
| | Appears this certain raffle style does not technically meet the definitions cited,
although admit there can be gray area.
|
You have to buy something to get a ticket. It's not a free sweepstakes, it's
an illegal raffle.
If "buy something, get a lottery ticket" was legal (it isn't), again eBay,
Amazon et al would do it all the time.
Have you ever seen "Get a raffle ticket with every purchase!" in Target, Walmart,
or any other chain store? No, you haven't, because it's still illegal.
From the site "Raffle laws in the US and Canada":
Raffles and lotteries both have the same three defining elements:
Consideration (the entry exchanges money or something else of value for the
chance to win).
The prize has monetary value.
The winner is drawn randomly.
https://www.liveabout.com/raffle-laws-in-the-us-and-canada-running-a-legal-raffle-4590248
The key point is "Consideration". In the case of OP's promotion, you can't
get an entry unless you exchange $. It's not a grey area, it's illegal.
Here's a bit from an article in the Oklahoman, a newspaper in OP's state,
detailing how all those clever little workarounds everyone who has ever done
this thinks they are a wizard for coming up with don't work:
Hold the raffle as part of a chili supper, so when you buy a chili supper
ticket you also get a chance on a TV set. That's still a raffle.
Print "Donation $1.00" on the ticket, to indicate the customer is donating to
a worthy cause, not buying a chance on a side of beef. That's still a raffle.
Pay with canned food instead of money. That's still a raffle.
https://www.oklahoman.com/story/news/1991/03/08/raffles-illegal-in-state/62534674007/
Thank you
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You seem passionate about the topic. Admittedly I am not, but I appreciate passion
and enjoy learning new things. I also understand your concern with the original
post and how the prize giveaway was presumably done. In case you decide to pursue
your passion further into Oklahoma raffle laws and how they are illegal for all
for profit stores (period), this clause is under the Oklahoma statute you cite:
"Provided, it shall not be a violation of the lottery or gambling laws of this
state for:
A bona fide resident merchant or merchants of a city or town, acting in conjunction
with the Chamber of Commerce or Commercial Club of this state thereof, to issue
free of charge numbered tickets on sales of merchandise, the corresponding stub
of one or more of which tickets to be drawn or chosen by lot by a representative
or representatives of the Chamber of Commerce or of the Commercial Club in the
manner set forth on the tickets, the numbered stub or stubs so drawn to entitle
the holder of the corresponding numbered issued ticket to a valuable prize donated
by the merchant;"
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| | | | | | Author: | calebfishn | Posted: | Oct 18, 2022 22:50 | Subject: | Re: ***Sale + LEGO Set Raffle this month!*** USA | Viewed: | 37 times | Topic: | Sales | |
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| I admit I don't know much about U.S. laws on raffles. But I don't see
anywhere that says this poster is selling tickets. On the surface it seems like
a retail promotion to me.
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