Is the Domino’s Random Food Giveaway a Lottery?

Domino’s just launched a huge national advertising campaign promising random customers who place an order using Domino’s own delivery service a chance of receiving some additional free food items with their order.

*MOUSE PRINT:

According to the promotion, one in fourteen customers placing a delivery order will get a freebie along with the food they pay for.

There’s just one problem. Paying a price for the chance at a prize is considered an illegal lottery when conducted by a company even in this context. Oops.

But not so fast. In tiny print in their commercials and elsewhere, those magic words “no purchase necessary” appear as they are required to into order convert what would otherwise be an illegal lottery into a legitimate sweepstakes.

*MOUSE PRINT:

In the official rules, you can send in a request to get a game code by return mail.

B. Request a Code by Mail:
(i) During the Promotion Period, participate without purchase by requesting an entry code (“Codeâ€) by hand printing your name, home mailing address, valid email address, and date of birth on a piece of paper and mailing it along with a self-addressed stamped envelope [emphasis added] in an envelope with proper postage to “Dominoâ€ s Surprise Frees Giveaway,â€ c/o Merkle, Inc., P.O. Box 5005, Department 848994, Kalamazoo, MI 49003-5005.

So, for your expenditure of $1.10 for postage both ways (soon $1.16), once you receive the code, you will have a 1-in-14 chance of winning an e-gift card worth $13.49.

For those who make purchases anyway from Domino’s, potentially getting free food with your order is a nice extra benefit. But for those who want to play the game for free, it is just a roll of the dice, so save the postage.