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Gaming Law

Vanderbilt Journal of Entertainment & Technology Law

Journal

2012

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Major League Baseball And The National Collegiate Athletic Association: Private Lotteries And Enforceable Contracts, Charles S. Michels Jan 2012

Major League Baseball And The National Collegiate Athletic Association: Private Lotteries And Enforceable Contracts, Charles S. Michels

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that both the National Collegiate Athletic Association (NCAA) and Major League Baseball (MLB) have run or continue to run contests for playoff tickets that constitute lotteries under state law. For a contest to be considered a lottery in New York and Indiana, there must be a prize, consideration, and chance. Both of these schemes meet these three requirements, because entrants pay a non-refundable fee for a chance to purchase a playoff ticket to games at a time when the face value of the ticket will likely be much lower than the market value of the ticket. However, …