Is my idea for a web site legal?

Asked about 2 years ago - Maybrook, NY

This is the gist of my site.

Before you buy anything online come here and see if you can get it for next to nothing.
First, add some money to your LottoRetail account.
Next, choose the product you want and pay as much as you want for it.
You can even pay just one dollar!
But be careful. You won't be the only one trying to buy that product.
You are all working together to pay off the full price of the product.
Only the lucky one who pays the final dollar will win it.
The tough part is that nobody knows how close each product is to being finished.
You can get anything on this site for as little as one dollar!

That part I feel would be considered gambling. So i added a new part. The new part is as follows...

Don't worry if you don't win.
Even if you lose, your money is not lost.
All money is saved in your "bank" and can later be spent on some great products.

Since they are no longer spending money with a chance at getting nothing, would it still be considered online gambling?

Attorney answers (2)

  1. Jeffrey Bruce Gold

    Contributor Level 19


    Lawyers agree

    Answered . I think your question is too complex and requires more analysis than is typical for the questions on this site. You really need to sit down with an internet attorney if you are starting this business. The consequences of doing it wrong are too severe AND you would be much better off having a paid attorney analysis. In other words, showing the authorities an answer from this website is not going to be a show of due diligence on your part to avoid legal ramifications. Rather it will be a recognition that liability may exist if you do it wrong.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Jonathan H Levy

    Contributor Level 20

    Answered . This might be workable but really needs a lot of work. It is not clear how you would profit but obviously the "house" would take a cut of the proceeds. You would also need to be very saavy jurisdiction wise. But to answer your question - maybe but no one is going to be able to tell you without a full consultation. Give me a call at 202-318-2406 if you want to schedule one.

    This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances.... more

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