Are Sweepstakes Casinos Legal in Missouri? The Laws and the Stake.us Lawsuit

Yes. As of October 2026, sweepstakes casinos are legal to play in Missouri. The state has not passed a law banning them, the attorney general has not taken action against them, and the major operators accept Missouri players.

That is not the same as settled. No Missouri court has ruled on whether the sweepstakes model counts as gambling under state law, and a class action against Stake.us is asking a court to decide exactly that. This guide covers the statutes involved, what the lawsuit claims and where it stands, and how Missouri has treated other unlicensed gambling in 2026. It is not legal advice.

The Short Answer

• No ban. Missouri has no statute that names or prohibits sweepstakes casinos or dual-currency games.
• No state enforcement against sweepstakes casinos.The attorney general's 2026 gambling actions targeted slot-style machines in gas stations and sports prediction markets.
• One private lawsuit. Killham v. Sweepsteaks Limited, filed in October 2025, argues that Stake.us is an illegal online casino under Missouri law. It has not been decided.

For which casinos to play, see our list of the best sweepstakes casinos in Missouri. This article is about the law.

What Missouri Law Says About Gambling

Three statutes matter here. None of them mentions sweepstakes casinos, which is why the argument is about definitions.

RSMo 572.010: the definitions

Missouri's criminal gambling chapter says a person gambles when they stake or risk something of value on the outcome of a contest of chance, on the understanding that they will receive something of value for a certain outcome. Two of its definitions do most of the work in the sweepstakes debate (RSMo 572.010):

• Something of valueis "any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property."
• Gambling deviceis "any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity."

Sweepstakes casinos say nothing of value is staked, because Sweeps Coins are free promotional entries and no purchase is ever required to get them. Critics point at the words "token ... exchangeable for money" and say a coin that redeems for a dollar fits the definition however the player got it. Our general guide explains how the sweepstakes model works and why it is legal in most states.

RSMo 434.030: recovering gambling losses

This is a short civil statute, last amended in 1953: "Any person who shall lose any money or property at any game, gambling device or by any bet or wager whatever, may recover the same by a civil action" (RSMo 434.030). If a court decided a sweepstakes casino is a gambling device, this is the law that would let players sue to get losses back.

RSMo 407.020: the Merchandising Practices Act

Missouri's consumer protection law bars deception and unfair practices in the sale of goods and services. It does not depend on whether something is gambling, only on whether it was sold honestly.

Killham v. Sweepsteaks Limited: The Stake.us Lawsuit

On October 27, 2025, Justin Killham of Independence filed a proposed class action in the Circuit Court of Jackson County against Sweepsteaks Limited (the Cyprus company behind Stake.us), the streamer Adin Ross, and Aubrey Drake Graham, better known as Drake. The 34-page petition was filed by the Clayton firm Carey Danis & Lowe (read the complaint).

It makes three claims, each built on one of the statutes above:

1. Merchandising Practices Act, against all three defendants, for marketing Stake.us as a harmless social casino.
2. Unjust enrichment, against all three defendants.
3. RSMo 434.030, against Stake only, to recover gambling losses.

The proposed class is "all persons in Missouri who gambled and lost money in Stake's online casino at any time during the five (5) years preceding the filing of this action." The petition asks for damages, disgorgement, and an injunction. Among the questions it puts to the court is whether Stake's casino is a "gambling device" within the meaning of RSMo 572.010.

The lawsuit goes after the daily bonus

The part most relevant to anyone who collects daily bonuses is paragraph 35. The petition concedes that Stake.us gives away free Stake Cash, then argues the free route does not count:

"Players may acquire limited free Stake Cash through occasional promotions – such as receiving a single Stake Cash per day as a 'Daily Login Bonus' or five Stake Cash by completing a cumbersome mail-in request – but these methods are deliberately obscure, impractical, and insufficient for regular gameplay."

These are a plaintiff's allegations, not findings. They do line up with what we measure: Stake.us pays a flat 1 SC a day, which is why it sits at the top of our daily bonus rankings. The legal question is whether a free entry that small is enough to keep the whole product outside the gambling definition. No Missouri court has answered it.

Where the case stands

The defendants moved the case out of state court. It was opened in the U.S. District Court for the Western District of Missouri on December 23, 2025 as Killham v. Sweepstakes Limited et al, No. 4:25-cv-00988. As of early October 2026 we have not found a public ruling on the merits.

The likeliest next fight is arbitration. Stake.us's terms require disputes to be arbitrated individually, and a California court sent an earlier Stake.us lawsuit to arbitration in May 2025 (Legal Sports Report). If the Missouri case goes the same way, there may never be a court ruling on the gambling question at all.

Missouri's 2026 Crackdown on Unlicensed Gambling

None of the following involved online sweepstakes casinos. It matters because it shows how the state reads the same "gambling device" definition the Killham case relies on, and how willing the attorney general is to enforce it.

• February 13, 2026. In TNT Amusements v. Torch Electronics, U.S. District Judge John A. Ross ruled that the slot-style machines Torch placed in gas stations meet Missouri's statutory definition of a gambling device and are illegal outside a licensed casino. Torch had argued for years that its devices were not slot machines. The ruling followed an October 2025 jury verdict ordering Torch to pay a competitor $500,000 (News Tribune).
• April 8, 2026.Attorney General Catherine Hanaway announced that Torch had agreed to suspend all operations effective April 10, after a joint investigation with both of Missouri's U.S. Attorney's offices (Attorney General's release).
• September 2026. The attorney general sent cease-and-desist letters to six prediction market operators, including Kalshi and Polymarket, calling their sports contracts unlicensed sports wagering (SBC Americas).

Those were physical machines in gas stations, not online sweepstakes with a free entry route, so the ruling does not decide anything about sweepstakes casinos. What it does show is that "we are not technically gambling" arguments have recently lost in a Missouri federal court, and that the attorney general's office is acting on what it considers unlicensed gambling.

Has Missouri Tried to Ban Sweepstakes Casinos?

Not seriously. The closest was HB 1251 in the 2025 session, titled as modifying provisions relating to illegal gambling, which industry bill trackers list as Missouri's one attempt to regulate sweeps. It was referred to the House Government Efficiency Committee in March 2025 and never received a hearing (Sweepsy bill tracker).

The 2026 session's gambling fight was about legalizing and regulating video lottery terminals, not sweepstakes. Missouri also launched regulated online sports betting on December 1, 2025, after voters approved Amendment 2 in 2024. A state that now licenses and taxes sportsbooks has more reason to look at unlicensed competitors, a dynamic that has fed ban efforts in other states. Our state-by-state legal guide tracks where that has happened.

What This Means If You Play in Missouri

• You can play today.Sweepstakes casinos serve Missouri, and nothing in the lawsuit or the state's enforcement targets players. The defendants are an operator and two promoters.
• Availability can change fast. In other states, operators have pulled out quickly after a ban or a cease-and-desist letter. Redeem balances regularly instead of letting them build.
• Stake.us is the one to watch. It is the only casino named in a Missouri suit. It still accepts Missouri players as far as we can tell, but check its terms before you sign up.
• The free route is the legal foundation. Daily login bonuses are the no-purchase entry the whole model depends on, and they are what sweepstakes farming collects.

Frequently Asked Questions

Last checked October 3, 2026 against the Missouri Revisor of Statutes, the Killham petition, and the Attorney General's releases. Laws and case status change; this article is general information, not legal advice.