Judge Angelo Foglietta clarified that Elon Musk’s sweepstakes was not a lottery, as participants did not pay for a chance to win and were pre-selected. This decision highlights the legal nuances involved in defining lotteries under Pennsylvania law.
Judge Foglietta noted, 'Lotteries require a prize, a payment for a chance to win that prize, and for winners to be chosen at random.' Musk’s program did not fulfill these criteria.
The PAC's treasurer provided credible testimony explaining that participants earned $1 million as compensation for their involvement and were chosen based on their suitability for promotional roles.
Foglietta's ruling emphasized that the participants were selected through a multi-step process focused on personality fit, not by chance, differentiating the sweepstakes from a lottery.
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