As most readers of this blog know, a contest is quite different
than a sweepstakes. Sweepstakes are games of chance. The winners
are selected at random and don't have to have any particular
knowledge or skill – just good luck. On the other hand,
contests are games of skill, in which the winners are determined
based on some type of skill, knowledge or other attribute that they
possess.
Designing a contest is also quite different because it does not
require as much concern about violating anti-gambling laws.
Virtually every state has a law that prohibits illegal gambling.
These statutes define an illegal game as having three elements
– a prize, chance, and consideration. If all three elements
are present in a promotion, it is likely to be found illegal. Those
of us who create rules for sweepstakes avoid illegal gambling by
removing one of the elements, usually consideration (hence the
"No Purchase Necessary clause"), which turns an illegal
original promotion into a
