불법 복권 및 그 영향에 대한 이해

### 콘텐츠 제작 시 불법 복권의 함정 주의하기
* 🎮 유료 Twitch 정기구독자나 YouTube 회원에게 채팅 기반 경품으로 경품을 제공하는 것은 **우연성, 대가성, 대가성 요소**로 인해 불법 복권으로 간주될 수 있습니다.
* 📜 "복권에는 기회, 상금, 배려라는 세 가지 요소가 포함되어 있습니다. 그리고 적어도 미국에서는 **정부가 운영하지 않는 한 복권은 불법**이라는 사실을 알고 계실 겁니다."
* 🎁 여론의 법정에서는 의도가 중요할 수 있지만, 법적으로는 선의의 경품이라도 **'구매가 필요 없는' 응모 방식이 없다면 불법 복권**으로 간주될 수 있습니다.
* 🎗 자선 경품 행사라도 **모든 참가자에게 동등한 무구매 응모 방법**을 제공하지 않는다면 불법 복권 규정에 해당할 수 있습니다.
* 📊 Om과 같은 기업들은 자선 단체가 주도하는 경품 행사에서 **구매가 필요 없는 응모 옵션이 명확하지 않아 불법 복권**으로 인식되어 법적 문제에 직면한 적이 있습니다.
* 🎥 최근 미스터 비스트의 과거 경품을 둘러싼 논란은 **크리에이터가 좋은 의도를 가지고도 실수로 불법 복권법을 위반**할 수 있다는 점을 강조합니다.
* 🛡 이러한 법률 및 규정을 위반하면 법적 문제가 발생할 뿐만 아니라 **플랫폼 위반**으로 이어질 수 있으므로 크리에이터는 이러한 법률 및 규정을 숙지하는 것이 중요합니다.
* 🚫 "불법 복권은 어쩌면 **새로운 것**일 수도 있고, 그 정보를 이용해 스스로 **불법 복권에 빠지지 않을 수**도 있습니다."

구매가 필요 없는 대안 없이 유료 구독자에게 경품을 제공하는 것은 불법 복권으로, 스트리머에게 위험을 초래하고 플랫폼 약관을 위반하는 행위입니다.

let's say you're an up-and-coming creator, and you've got people who are paid subscribers to you on Twitch or members on YouTube, and you think, This is awesome. I really appreciate their support, and I'd love to give something back. Why don't I give away an Xbox to one of my paid Twitch subscribers? I'll just set the chat into sub mode, and I'll have a bot pick someone at random, and I'll send them an Xbox. That would be really cool, right? Well, not only is that a violation of Twitch or YouTube's terms of service, it's also a violation of the government's terms of service. It's illegal. You can't do that. That would be considered an illegal lottery. And this is a concept that the public actually finds itself hearing about a bit as of late because there was a video posted on YouTube talking about Mr. Beast, and among a whole host of allegations, one of them was that he conducted illegal lotteries when giving away t-shirts many years ago. As I've said in videos past, I try not to

hone in too much on YouTube drama. I try to focus on that have wider-reaching implications. So you may think it hypocritical that I would be talking about this Mr. Beast exposed video. And while I've watched the video in full, I'm not really going to be talking about a majority of the allegations made by the former employee, but rather focus on the illegal lottery component because it's a topic of particular interest to me. Because I think illegal lotteries are something that creators can find themselves innocently and inadvertently doing without realizing that they are actually doing something illegal. I have, over the course of making YouTube videos ever since I became aware of what an illegal lottery was, probably over a decade ago, informed probably tens, at least, of other creators so that they wouldn't do the same. And also I've had brand deals before where from the brand side someone has said, Hey, wouldn't it be cool if we maybe gave something away to someone who either signed up for this subscription or purchased our product? And I've had to tell them, No, you can't.

do that. Here's why it's illegal. Before we go further, we might as well go over some definitions so we can all be on the same page about what an illegal lottery is, and therefore what you can and cannot do in the world of giving things away. I suppose the easiest thing to do is to define a lottery and then go from there. I'm sure we're all familiar with the lottery; we'd all like to win it, wouldn't that be nice? But as far as the specifics, I'm going to read off a web page written by lawyers so I don't get anything wrong. A lottery includes three things: chance, prize, consideration. And at least in the United States, you might be interested to know that unless it's run by the government, this is illegal to do. You might wonder why don't more people go, Hey, you know, I've got $1,000, wouldn't it be cool if I sold tickets for a dollar a piece for people to win my $1,000? And I'm sure I'll sell more than a th

tickets, and therefore I can profit easily. Well, that would be an illegal lottery in its purest form, and the reason why people don't do it is because it is illegal, unless you are the governments. But wait, you say to yourself, people win money all the time, whether it's in a competition or they bought a cereal box that had the winning thing inside of it. How is that allowed if illegal lotteries aren't? Well, in each of those cases, if being done right, one of these three things is being eliminated: chance, prize, or consideration. In most cases, prize is the common denominator. You're not going to be getting rid of prize because your goal is to give away a prize, so you're either eliminating chance or consideration. In the event you're eliminating chance, you're holding a competition. If I wanted to give a billion dollars away to the person who can run a mile the fastest, I can do that all day long because it is a competition of skill, and the person who runs the mile the fastest will win. They didn't

have to have any financial entry in order to participate and win. On the other hand, consideration is what would normally be considered the financial components of entering: buying the ticket and with the serial box top, that would be a sweepstake. And you know how you probably heard in commercials before, no purchase necessary being said really quickly at the end of the commercial with the fine print? That's because you don't actually have to buy the cereal box or whatever it is in order to enter that giveaway sweepstakes, in order to win the prize. They always have a no purchase necessary method of entry, which is usually sending a postcard with your information to a PO Box that's listed somewhere in really, really fine print in the terms and conditions of the sweepstakes, hidden somewhere on the website. But they have to have that; otherwise, it would be an illegal lottery if they did not have a way for someone to enter without purchasing, because you do have to purchase to buy the box of cereal, right? And the more boxes of cereal you buy, the bigger your entry chance is.

going to be, and that would not be allowed if there was no free alternative entry. But usually, the free alternative entry is just talked really, really far away and super inconvenient to the extent that it's just easier to buy the cereal boxes. So what's all the hubbub like? Why do these laws exist that lotteries are illegal unless they are run by the government? Well, it's to protect people from themselves, really. We don't want people gambling away their life savings hoping that they're going to win whatever the prize is that's at stake. Now, I don't actually know what safeguards the government has with their lotteries to prevent people from dumping their whole life savings into lottery tickets. Maybe there is something, or maybe it's just that, hey, at least if someone's going to dump their life savings, they gave it to us, the government, instead of some scammer out there. So it's a better outcome. I don't know, but it is what it is. And if lotteries were legal across the board, we

would have infinite scams of people dumping their life savings, hoping to win, and then nobody actually gets a prize in the issue where it just flees and goes into hiding. So at least we know with the government lotteries, people do actually get the winnings, which is better than not. But hey, if you don't agree and you think people should be able to throw their life savings at whatever gambling they want, then you can pursue a career in politics and campaign on the platform of making lotteries legal and see how you do. Anyway, hopefully now we're all on the same page about what a lottery is and therefore an illegal Lottery, a sweepstakes competition, so on and so forth. So let's link it back into YouTube and why I think despite the fact that it seems fairly straightforward to not go, Hey, I have $1,000, let me sell tickets to win it for a dollar a piece, illegal lotteries I think are still a pretty easy pitfall for especially newer creators who are unfamiliar with the concept. So like I said at the beginning.

of the video, the simple act of giving away something of monetary value while your chat is in subscriber mode, if it's Twitch or member mode if it's on YouTube, that is an illegal lottery. Because what someone could do, right, is they could create a hundred new accounts, subscribe on all of them, and therefore increase their chances of winning that. Now, I don't necessarily think that the creator is hoping for that to take place. They're not hoping for someone to gamble their life savings, making alt accounts and signing them all up for sub mode. It's just not something you probably think about very much if you're getting into this. You're young, you don't know about the rules, and you're really innocent about the whole thing. Now, I actually think that in this situation, intent matters. Now, it may not matter in a court of law if the Justice Department were to decide to prosecute you, but I think in the court of public opinion, it should matter. I will admit to something here that maybe past the statute of limitations, but the way that I found out

about illegal lotteries to begin with is because I accidentally did one a long long long time ago, and you might, you might be like, wait, what the heck, there's no way that discounts as an illegal lottery, but technically it does. I back in probably 2012 or so, uh, I did a charity live stream, and I said, hey, wouldn't it be cool if the people who donate to the charity I'm raising money for could be eligible to win a prize in a giveaway. You can't actually do that. That is an illegal lottery, even if it is for charity, even if it's someone who has given money to charity. You don't touch any of that is going to a good cause. You cannot pick someone out of the people who have contributed money to that charity to be eligible to win a prize. Everyone still has to be eligible with a no purchase necessary to win that prize. I, I didn't know that. I never got in trouble for it. I don't think it would ever actually be prosecuted 'cause it'd be

like okay well well it's you know clearly this is for charity. He didn't have malicious intent. That's why I think intent matters. Um, but even that's not allowed. And so, when I went to do my next charity stream, I was talking with someone from Twitch and they were like, Yeah, no, no, no, no, don't do that anymore. And I was like, Seriously, I can't give something away to someone who donated money to the charity? No, you can't do that. I know it's silly, but you just can't do that anymore. And that was what allowed me to get acquainted with illegal lottery rules. As silly as they are when it comes to a charity giveaway, they are in place because when you extrapolate that specific scenario to the extreme, you actually get something I will show you in just a moment. So, bringing it all the way back to the Mr. Beast thing, is that what he did is many years ago, he had a live stream where he was trying to move a bunch of

merchandise sell a bunch of shirts, and every now and again during the live stream, he would say, hey people who order shirts in the next X amount of minute, I'm going to throw in a bonus thing, whether it's a a prize or money, into some random person's order. Now, obviously, this means there is a chance, however small it may be, that someone goes, you know what, I really want to win that prize, so I'm going to spend way more money than I should. I'm going to buy the next 50 shirts, so that hopefully I'll be the one who wins the prize that's supposed to be given away in the next 10 minutes. And that is what the government is trying to protect people from doing by making lotteries illegal. Now, does this mean that Mr. conducted illegal lotteries within this live stream? Yes, however, as I had mentioned, I think intent does matter, or at least it should in the court of public opinion. Now, I'm not a psychic, I'm not a mind reader. Do I

think that his intent with saying hey, I'm going to include a bonus prize in the next few orders, was meant to prompt people to put in way more duplicate orders than they ever should and spend way more money in the hopes of winning the prize. I don't really think so. It was probably more, hey, it'd be cool to just give some people a bonus who are supporting me. I could be wrong, but it doesn't strike me as something inherently malicious. Now, if people didn't actually end up getting prizes they were supposed to get, which was another accusation made here, well, yeah, that's wrong. If you promise to give someone something in a giveaway, even if it is an illegal lottery, they should get what they were promised. Um, but as long as people actually received what they were promised, again, it doesn't strike me as a malicious thing to do. It seems more like an oversight and not realizing that you're not allowed to do it. But like I said, I'm not a mind reader. And if we're going specifically letter of the

law yes, it was an illegal lottery because there was no means of a no-purchase-necessary entry. But I would imagine this was a learning experience for him, and I would think that since that stream and long before now, he learned of what it would mean to run an illegal lottery and has probably been a lot more careful since, including no-purchase-necessary methods of entry in future giveaways. So, there was one more thing I wanted to loop back to when I was incriminating myself, talking about my charity live stream giveaways of yesteryear, and that is how I had mentioned that even though that's an extremely well-intentioned concept of just hey, you know, we'll give away prizes to people who've donated, hopefully it'll motivate more people to donate to charity, and it's kind of a win-win for everyone. That idea, if taken to a large scale, can prove to be problematic. So, there's this company called Om, maybe you've heard of it at some point, they've done lots and lots of giveaways.

that have been seen on on YouTube, and their concept as a company was they would try to raise money for Charities. Um, but every donation would count as tickets towards some big prize. They would do cars, they would do houses, and I knew they had actually run into some problems with the California attorney general. I hadn't visited their website in a super long time, um, but I just went while, uh, you know, making this video, and I find that they are now UK-based, and everything is in British Pounds. They raise money for British Charities. Um, and I, I was like, I was unaware of this pivot, but I don't know if the UK is more LAX when it comes to regulation around integrating lotteries with charity, and it's more of a gray area, but, but in any case, I don't know if this took place as a result of there were some settlements between the Attorney General of California and, uh, and om where I don't know if there no purchase necessary method of entry into the

ability to win the prize was not clear enough, and therefore they had to agree free entries. Will be offered to all participants on the same terms and conditions as entries for which a payment is made. The payment being you are donating to om on behalf of the charity, and om will ensure that everybody who does the no purchase necessary method of Entry. The postcard will be on the same terms and conditions so you will have the exact same experience. You will not get an advantage by doing the charity donation instead of the no purchase necessary postcard. So this is actually something that has previously caught the attention of regulators, and they have taken action. Uh this was back in 2019, and I went on om's Wikipedia, and it says as of January 28th, 2023, om ceased operations in the United States, despite the fact that they were actually founded in Culver City in La. Um it does say though that there was a case dismissed against om, so I don't know that they actually received punishment as much as just they had to

agree to ensure that there's no purchase necessary method of Entry was fair for everyone. If it wasn't prior, but the same concept again of, you know, doing charity contributions, and giving away prizes as a result, you have to make sure that you're checking all your boxes with having a no purchase necessary in order to eliminate that consideration element that would cause it to be an illegal Lottery. So, all that said, if you are a Creator, beware the pitfalls of well-intentioned illegal lotteries. You may think it's just cool to be able to reward your biggest supporters with something, but you have to figure out another way to do that because you really can't. And again, even if you don't think that you will ever be prosecuted for it, it is probably against the terms of service of any website you are using as well because this site does not want to be targeted and prosecuted for hosting and facilitating illegal lotteries. So again, I think it's a totally innocent Pitfall that you

could fall into, but it's still something you should absolutely be aware of because of how easy it is to fall into it. So, illegal lotteries maybe, you know, something new, um, and maybe you can use that info in order to not fall into it yourself. So, thanks for watching and, uh, I'll see you next time.

MrBeast And The Illegal Lottery

CaptainSparklez

Twitch 및 YouTube와 같은 플랫폼에서 유료 구독자에게 경품을 제공하는 것은 서비스 이용약관을 위반할 뿐만 아니라 불법 복권으로 간주되므로 불법입니다.

최근 미스터 비스트에 관한 동영상이 이 문제에 대한 관심을 불러일으키면서 스트리머가 무의식적으로 불법 복권 활동에 참여할 수 있다는 점을 강조했습니다.

불법 복권에는 우연, 상금, 대가가 포함되며, 정부에서 운영하지 않는 한 미국에서 불법이므로 크리에이터와 브랜드는 잠재적으로 법적 영향을 받을 수 있습니다.

불법 복권은 과도한 도박으로부터 사람들을 보호하기 위해 정부에서 운영하는 경우를 제외하고는 금지되어 있습니다.

합법적인 대안은 구매가 필요 없는 옵션이 있는 대회나 경품 행사에서 볼 수 있듯이 우연, 상금 또는 대가를 배제해야 합니다.

이러한 법률의 목적은 개인이 상금을 타기 위해 평생 모은 돈을 위험에 빠뜨리는 것을 방지하는 것이며, 정부가 운영하는 복권이 규제된 대안이 될 수 있습니다.

의도적이든 아니든 YouTube에서 불법 복권을 운영하면 크리에이터, 특히 플랫폼을 처음 사용하는 크리에이터에게 심각한 결과를 초래할 수 있습니다.

구독 또는 멤버십에 대한 대가로 경품을 제공하는 행위는 법을 위반하는 행위이며 다른 사람에 의해 악용될 수 있습니다.

여론의 법정에서는 고의성이 중요할 수 있지만, 법무부에서는 복권 규정을 이해하고 준수하는 것이 중요하다는 점을 강조하며 고의성은 거의 중요하지 않음을 지적합니다.

미스터 비스트의 자선 기부금 논란

미스터 비스트는 자선 생방송에서 불법 복권을 진행했을 가능성이 있다는 비판에 직면했습니다.

복권법은 사람들이 경품 당첨을 기대하며 과소비를 하지 않도록 보호하려는 정부의 목적이 복권법의 존재 이유입니다.

잠재적인 법적 문제에도 불구하고 비스트의 행동 의도와 참가자들이 약속된 경품을 받을 수 있도록 한 것은 여론의 법정에서 매우 중요한 사안입니다.

자선 경품으로 유명한 Om은 복권 모델에 대한 법적 문제에 직면하여 영국으로 사업 방향을 전환했습니다.

이 회사의 접근 방식은 복권을 자선 단체와 통합하는 것에 대한 우려와 구매가 필요 없는 응모 방법의 명확성에 대한 우려를 불러일으켰습니다.

규제 당국의 관심으로 인해 Om은 2023년에 미국에서의 운영을 중단했습니다.

경품 행사에서 구매가 필요하지 않은지 확인하는 것의 중요성

경품이나 상품 보상을 진행할 때는 불법 복권을 피하기 위해 구매가 필요 없는 응모 방법을 마련하는 것이 중요합니다.

크리에이터는 의도치 않게 불법 복권을 호스팅할 경우 기소 및 웹사이트 서비스 약관 위반으로 이어질 수 있으므로 그 위험성을 인식해야 합니다.

법적 문제를 피하고 서포터에게 보상을 제공하는 데 있어 윤리적 관행을 유지하려면 규정과 서비스 약관을 준수하는 것이 필수적입니다.