## Facts

- A Spanish-language newspaper ran a “King of the Infants” contest awarding prizes to infant contestants based on the number of votes received.
- Each newspaper issue included a coupon that could be used to cast votes for a contestant.
- Participants could also buy coupon-only sheets directly from the newspaper, separate from the full newspaper.
- The plaintiff purchased coupon sheets in bulk, paying $1,000 to obtain votes for her son.
- The next day, the plaintiff demanded a refund; the newspaper refused.
- The plaintiff sued to recover the $1,000, alleging the contest was unlawful.
- The newspaper contended the promotion was not a lottery because winners were determined by vote totals rather than a random drawing.

## Issues

1. Whether a vote-based promotional contest that requires participants to pay for vote-bearing coupons constitutes an illegal lottery under New York law.
2. If the contest is an illegal lottery and therefore void as against public policy, whether a participant may obtain restitution of money paid to participate.

## Decision

- The court held the contest constituted an illegal lottery under New York law.
- The court found the promotion involved a prize, consideration, and a legally sufficient element of chance.
- Because the arrangement violated public policy, the court permitted the plaintiff to recover the $1,000 paid for coupon sheets.

## Legal Principles

- An illegal lottery is generally defined by three elements: (1) a prize, (2) consideration paid for participation, and (3) chance determining the award of the prize.
- “Chance” in lottery analysis is not limited to a mechanical random draw; it may exist when winning depends materially on unpredictable factors rather than skill or merit.
- Where a promoter sells entries or vote-bearing coupons tied to a prize award, the payment may constitute consideration for a lottery.
- Agreements that violate the state’s public policy against private lotteries are void and unenforceable.
- Restitution may be available to recover money paid under a void, illegal lottery arrangement where recovery does not further the unlawful scheme.

## Conclusion

The court treated the newspaper’s paid-coupon voting contest as an unlawful lottery and, deeming the arrangement void as against public policy, allowed the participant to recover the money she paid to buy vote-bearing coupons.


Valentin v. El Diario La Prensa, 427 N.Y.S.2d 185 (N.Y.C. Civ. Ct. 1980)