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Also please tell me how this is illegal yet a Macdonald's kids meal isn't? Its the same concept. Not to mention those little grab bags at dollar stores.
It is not. There are a billion very specific categories for these types of promotions; sweepstakes, raffles, contests, lotteries, etc etc etc..All might seem similar but legally very different.
"A Lottery is a prize drawing where people must pay money to buy a chance to win." We are not paying money for a chance to win. We are are paying for physical product (IEMs) that happens to come with a free drawing entry...this is more of a sweepstake, "prize giveaway where the winners are chosen by the luck of the draw"...That's how I interpret it at least...but I am not a lawyer and might be dead wrong LOL
I'm buying a McDonald's meal and randomly receiving a prize of various value. Seems like its the same to me.
Therein lies the problem, however, as genuine "sweepstakes" require a no-purchase-necessary entry method.
The toys are all priced the same. It's not equivalent because you are guaranteed a toy, and you are *not* then entered into a random drawing for an additional, secondary toy of greater value. The initial gamble of the mystery grab bag is not in question, because everyone who pays the $25+shipping gets that bag. The secondary drawing IS the concern, because there is no method of entry to this drawing except to purchase your "ticket" aka grab bag.
all mcdonalds toy values are equally set at 5 cents per toy.