A Philadelphia judge has ruled that Elon Musk's $1 million daily giveaway in swing states prior to the US presidential election did not constitute a lottery.

Judge Angelo Foglietta found the program, run by Musk's pro-Trump super PAC America PAC, failed to meet Pennsylvania's three lottery criteria: payment, prize, and random chance to win.

During court proceedings, America PAC's lawyers revealed winners weren't randomly selected. Instead, candidates were carefully chosen based on their social media presence and personal interviews, receiving the money as compensation for PAC work rather than lottery prizes.

Philadelphia DA Larry Krasner's lawsuit alleged illegal lottery operations and voter information scamming. The judge dismissed these claims, noting lack of evidence beyond speculation, and considered the case largely moot since America PAC had already decided to exclude Pennsylvania residents from the final prize.

A separate class-action lawsuit in Arizona challenges the program. The plaintiff claims fraud and breach of contract, arguing she provided personal data and signed the petition believing she had a genuine chance at winning the million-dollar prize. The lawsuit also raises concerns about America PAC's unrestricted use of collected personal data.

The case highlights growing concerns about the intersection of big money, personal data collection, and political influence in American elections.

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