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00-3088 Bohrer v. City of Milwaukee

By: dmc-admin//October 1, 2001//

00-3088 Bohrer v. City of Milwaukee

By: dmc-admin//October 1, 2001//

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This is because plaintiff’s game satisfies all seven provisions of the exemption, including, for example, that no purchase be necessary, that all prizes are randomly awarded, and the sponsor does not misrepresent a participant’s chances of winning any prize.

“The State then goes on to argue that the criteria under Wis. Stat. § 100.16(2) really are not applicable at all because they only relate to in-pack chance promotions, which are not defined in the statutes, and that ‘Discover Wisconsin Super Sports,’ rather than being an in-pack chance promotion, is a lottery, plain and simple. The State fails to explain, however, how it can rely on the statutory lack of definition of ‘in-pack chance promotion’ in order to establish that ‘Discover Wisconsin Super Sports’ is not an in-pack chance promotion. The State’s argument, circular at best, makes no sense.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Manian, J., Schudson, J.

Attorneys:

For Appellant: Joely Urdan, Madison

For Respondent: Thomas L. Frenn, Milwaukee; Mark E. Sostarich, Milwaukee

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