In general, we are not aware of any prohibitions against a bank holding a blackjack game, provided that no payments are required to participate and no winnings are awarded for playing. We do recommend documenting these circumstances and making it clear to players that a charitable donation is not required to participate in the blackjack game; that is, playing the blackjack game is just for fun, with no potential for winning money.

The Federal Deposit Insurance Act prohibits banks from dealing in any lottery, defined as an arrangement in which participants “advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the ‘winners’) will receive by reason of their advances more than the amounts they have advanced.” 12 USC 1829a(c)(2). Because no money or credit is required to participate in the game, since any person can participate and no payment is required to play, we do not believe that the blackjack game would be considered a prohibited lottery. 

The Illinois Criminal Code prohibits all persons from gambling, including setting up a lottery, selling or offering lottery tickets, printing lottery tickets, or advertising a lottery. 720 ILCS 5/28-1(a). The code defines lotteries as “any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes . . . .” 720 ILCS 5/28-2(b). Because no one is paying or promising anything, and there is no chance of winning any prize, we do not believe that the blackjack game would be considered illegal gambling.