The big issue with a lottery is when you sell tickets/entries. Musk was not charging any money for entries. When you charge nothing, that is like Publishers Clearing House. There are still rules for a sweepstakes to follow, but it’s not clear what the victims lost — if they never bought a ticket in the first place. So, it does not generate a ton of outrage if someone later learns that the game was not as advertised.

Elon Musk can keep giving $1m to voters, judge rules
The giveaway is not a lottery-like contest and the recipients are not chosen randomly, his lawyer said.