"We are very excited about the conclusions reached by the court...We will be working with law enforcement to promote the understanding of what is a legal sweepstakes, and just as importantly, helping to identify what is not legal and why.”
Haltom City, Texas (PRWEB) December 15, 2011
HEST Technologies, Inc., a sweepstakes software development company, announces today that a magistrate’s court in Georgetown County, South Carolina, has upheld their right to offer electronic video sweepstakes in retail businesses.
Magistrate Issac L. Pyatt of the Georgetown Magistrate Court provided an order, 2011-CV-221051092, finding that the Skyeward Bound Ranch Sweepstakes, using the HEST Technologies Inc. software program is not gambling, nor does it violate South Carolina law. Specifically, the Court found that the sweepstakes software possesses the following characteristics:
1. Regarding the presence of consideration—one of the three elements found in gambling—does not exist and is not required to participate in the HEST sweepstakes system.
2. No one method used to enter the sweepstakes, of which there are four, impacts the odds of winning a prize.
3. The method for revealing the prize, of which there are several—does not impact the chances of winning a prize.
4. A finite number of entries must exist within the sweepstakes with a fixed prize maintained at all times.
5. Mr. Nick Farley, an independent certification expert, validated the presence of a unique file check signature that enables law enforcement to determine if the system has been altered.
6. The player terminals are not gaming devices because: a. they do not accept or dispense currency or tokens; b. the software is not designed to deliver a gaming outcome; and c. the system does not utilize a random number generator that determines outcome.
The magistrate also found the HEST system to be free from the legal concerns expressed in the Sun Light PrePaid Phonecard case due to the fact the HEST system does not tie sweepstakes entries to purchases. Additionally, the HEST system does not employ tactics for diverting or nullifying the remaining prizes in the pool when a pre-determined level of prize money is reached.
In September, the Georgetown County sheriff’s office confiscated the 20 computers from the Murrell’s Inlet Sweepstakes center, following a week long investigation into alleged gambling.
“We look forward to continuing to provide our innovative and effective marketing services to our many for-profit and non-profit clients,” said HEST Technologies’ President, Chris Canard. “We are very excited about the conclusions reached by the court. There is a very specific method to conduct sweepstakes in a legal manner, and we continue to exceed that bar. We will be working with law enforcement to promote the understanding of what is a legal sweepstakes, and just as importantly, helping to identify what is not legal and why.”