In claiming that the cafes aren’t involved in gambling, their advocates offer two kinds of arguments. First, they appeal to everyday experience with the sweepstakes mounted by major consumer companies like McDonald’s and Coca-Cola. together California cafe manager said, “On your coke and your fries, you get sweepstakes tickets.” the same , he argued, was true for the online time and phone cards he sold.21 The cafes also employ a highly legalistic argument supported the traditional legal test for whether an activity is gambling, which asks if the customer, so on realize a plus (a “prize”), pays something (“consideration”) for the likelihood (“chance”) of winning. Internet sweepstakes advocates insist that their activity involves neither consideration nor chance.
Every appellate court that has decided these questions has concluded that both kinds of argument are wrong.
Moreover, Internet sweepstakes cafes plainly satisfy the threepart legal test for gambling. Even cafe advocates concede that the cafe customers receive prizes, thus satisfying the first leg of the legal test. They insist, however, that the purchasers don’t pay any consideration for the sweepstakes “entries” they play on the computers. Rather, cafe advocates contend that the purchasers are truly buying Internet minutes or telephone
minutes, and simply accept the sweepstakes entries as a bonus.
In a 2006 decision, the Alabama Supreme Court concluded that the sale of Internet time was a masquerade, which customers were paying to play an associated sweepstakes game on dedicated terminals.
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