The People's Lottery may challenge Camelot though the back door after its failure to win the licence to run the National Lottery.
Richard Branson has confirmed the People's Lottery would not seek a judicial review of the Lottery Commission's decision to give the franchise to Camelot.
But Branson is considering fulfiling his ambition to run a charitable lottery by setting up an overseas operation, possibly in the US, to sell tickets through the internet.
Branson would plough all profits from ticket sales into the NHS, as his research has suggested it is a cause supported nationwide.
He has has ruled out a future People's Lottery contest for the National Lottery as the law stands, calling the selection process by the Lottery Commission "unbecoming of a public body".
The People's Lottery has demanded a National Audit Office review in a quest to change the law.
Branson said: "Our bid was better on costs, better on sales, better on technology, better on game strategy and more generous pound for pound to good causes."
The entrepreneur claimed his bid had only been beaten by the establishment and civil servants who didn't understand the man on the street.
Association of Convenience Stores chief executive Trevor Dixon welcomed the fact the selection process was now at an end.
"We needed an answer it is not that we are pleased the People's Lottery bid fell through. But now the decision can be considered final, we can focus on the future.
"This takes away the uncertainty and lets us get on with raising money for good causes."
He added: "We will continue to work with Camelot to ensure small stores get the best deal out of the Lottery."
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