distributed or allotted in any manner depending upon or to be determined by chance or lot, whether the same is held, drawn, exercised or managed within or without the jurisdiction. A business model is therefore a lottery if participants are required to:- pay a non-refundable fee of money or money in kind, in a scheme of lot or chance, to receive a reward of some kind, Depending on a combination of governing gambling laws and the design of the specific auction, unique bid auctions may satisfy the above criteria. Paying a non-refundable fee Unique bid auction companies typically avoid calling the payment by the bidder an outright fee for the chance of winning an item, applying synonyms to elude the purpose of raising revenue from a collective pool of bidders that covers the cost of the auction item. Some businesses, rather than refunding the fee paid, provide something else in kind to distance themselves from being a lottery. In the New Zealand case Department of Internal Affairs v Hayes [2007], customers offered bids costing 99 cents for the chance to win a Peugot car. The company offered Pizza Hut discount coupons to the bidders. Although customers received an item of value, the bids were sent for the purpose of winning a car, and the refund was not identical to what had been offered, and was held to be a lottery. Other auction models offer rewards points, discounts and other bonuses. If no fee of any kind is required to bid, as with traditional auction models like eBay, the scheme is not a lottery because participants are not losing money or kind. Chance Chance means that the result be uncertain, indefinite or doubtful. Although the role of chance makes a scheme a lottery, unique bid auctions may avoid lottery classification if chance plays only an incidental role when skill is the overriding factor. The legal question becomes whether "chance predominates and is the one outstanding feature". "The exercise of any skill, greater than a mere scintilla, which, looking at the scheme as a whole, has contributed to the successful result, will be sufficient to take the case out of the (English) Act." An example where a scheme was permitted to run despite the role of chance was when the individual "used his knowledge and experience of the football world in choosing the pools to be entered into and the method of