Article III-24 of the Nebraska Constitution generally restricts games of chance,
lotteries and gift enterprises when participation involves specified forms of
consideration. However, the same section permits the Legislature to authorize
and regulate certain lotteries, raffles and gift enterprises that are intended
solely as business promotions.
Nebraska Revised Statute §9-701 goes further by defining a
gift enterprise as a contest, game of chance or game promotion
conducted in connection with the sale of consumer or trade products or services
solely as a business promotion where chance and prize are present.
The statute also places conditions on those promotions. For example, operators
cannot manipulate the outcome, fail to award offered prizes or use false or
misleading advertising. In addition, the law limits when consideration can be
required as a condition of participation.
Nevertheless, those provisions should not be treated as automatic approval of
every online sweepstakes casino model. Nebraska also maintains broad statutory
definitions of gambling and gambling devices. As a result, platform availability
should be described separately from formal state authorization.