Legal Question in Technology Law in Texas

Website I am considering having built

I am considering having a website built but want to make sure its legal before proceeding. It would be a site where visitors can pay a preset amount on line on the web site to vote for someone for something. The visitor that is paying to vote would be able to post their nominee's pic, etc. For instance---most attractive, hottest, finest. I wasn't sure if I could do this legally. Would I be able to (or have to) give the winner a prize---would I have to give them ALL the money generated or could it be a preset amount or perhaps maybe just recognize them on the site as having been chosen as the most ??whatever sexiest, hottest, etc. Would this be legal? I am based out of Texas. Am unclear if this would be gambling (I wouldn't think so).


Asked on 1/30/07, 12:52 pm

2 Answers from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: Website I am considering having built

Why would a user want to pay anything to vote? I'm not looking for you to disclose any confidential business ideas, but unless there's some exclusive content that the user would be getting in exchange for their money, the model seems rather unusual.

Regarding payment to the "winner," are the entrants going to pay a fee?

I would need some additional information about the entire structure of your site before I could provide any further information.

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Answered on 1/30/07, 1:41 pm
Johm Smith tom's

Re: Website I am considering having built

There are several unclear issues with your idea and several more that you have not identified. Online business is a very new and complicated are of the law, and you would be very much benefited from even a short consult with an attorney that can go over this in detail and guide you around copyright, trademark, registrar, hosting company, etc. issues.

I give a free 30 minute consult and focus my practice on online business.

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Answered on 1/30/07, 1:59 pm


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