- Prize(s) -- The object of value given to winners (e.g. Burning Man ticket)
- Chance -- A selection of winners (e.g. raffle entrants)
- Consideration -- Some kind of cost (monetary or otherwise) to participate (e.g. purchased raffle tickets)
A "non-profit" status (fundraising, etc.) does not exempt a lottery from the above regulations. Some states, such as California, may authorize non-profit raffles for certified charitable purposes with specific requirements (Penal Code section 320.5 on Charitable Raffles). Legal lotteries must, however, be legal in all jurisdictions that allow participants. Therefore, tickets would only be purchasable in California (requiring ticket stubs too), and subject to regulations forbidding proceeds from being used outside the state.
What does this mean for ePlaya?
According to the FCC, legal lotteries may be advertised in any jurisdiction, as long as all terms are accurately disclosed. In the case of ePlaya, however, most -- if not all -- raffles advertised on ePlaya are considered illegal lotteries by US federal and state laws. Allowing or posting notices for illegal lotteries would make ePlaya complicit in providing or condoning promotional broadcasting services for such illegal lotteries.
The Burning Man 2012 ticket lottery distributions scheme, despite its "lottery" name, would not be considered a real "lottery" as it did not have a consideration requirement.