Hon. R. Y. Lindsey, Jr. Opinion No. V-1485 

County Attorney 

Dawson County Re: 

Lamesa, Texas 

Legality of theatre 

prize schemes called "Qnls Bank" or 

"Quiz Show" and "MovDear Sir: le Sweepstakes.? 

You reqnest an opinion of this office as 

to whether either of the following quoted fact situations constitutes a violation of Articles 654 and 

655, Vernon's Penal *de, prohibiting lotteries and 

raffles. 

? "FACT SfTmTION NO. I.. A n&vi& giveaway show ontitled either 'Quiz Dank' or 

'Quiz ghow"is operated on the folloilng 

basis: 

"At the time theatre tickets are purchased at the Drive-In Theatre located on 

the outskirts of the City, an attendant in 

front of the ticket booth passes out to 

each patron in the respective automobiles 

a card upon which is inscribed either 'Quiz 

Dank' or 'Quiz Show.' Also printed on the 

give-away cards are spaces for the answera 

to twelve questions.' On the 'Quiz Dank' 

cards, answers to questlons which are ;asked 

over the loudspeaker durlng~ intermission 

are made by punching a hole through the 

card under the heading of either ‘Yes’ or 

'NO', which constitute8 the patrons answers to questions asked by the MC, which 

questions cover topics Including historical events , geographical locations and 

subjects, or any other pertinent questions 

taken from encyclopedias or ather sources 

of information to test the patron's skill. 

In connection with the 'Quiz Show' cards 

handed out to patrons, spaces are provided 

on the cards for patrons to designate an 
Hon. R. Y. Lindsey, Jr., Page 2, (V-1483) 

answer to each of the ten questions projected on the screen by the process of 

punching a hole through the card and designating the patron's answer to be one 

of three possible answers also projected 

,on the,, screen with the questions. The 

patron designates 'which of the three answers he thinks to be correct by punching a hole through the letter A, B, or C, 

,under the respective number on the card. 

,In both of the above set out give-away 

shows, the patrons are given ten minutes 

after the questions have been announced 

over the loud-speaker or projected on 

the screen in which to complete their answers by making the appropriate punch 

:marks on the card and then depositing 

their cards with their names and addresses inscribed thereon in a common receptacle in or near the concession stand inside the theatre. Normally, the prize 

money starts off with an amount in the 

bank designated at $25.00 up to $100.00, 

as the prize for answering the questions 

correctly, and if none of the patrons win 

on the 

$ 

articular night, then an addltional 25.00 is added to the prize money 

and carried over to the next week's program. In both of the Quiz Shows referred 

to patrons need not be present to win the 

prize money. Winners or the absence of a 

winner at each particular program are usually announced at the end of the last 

feature shown by the respective theatres 

for the evening. As stated above, one of 

the Quiz Shows restricts all of its questions to matters pertaining to various 

subject matter that is found in encyclopedias and other periodicals. In the other quiz show, a porti n of the questions 

projected on the scre 1 n are lifted or derived from scenes or circumstances pertaining to a movie shown at this particular theatre several days prior to the 

date of the Quiz Show, the rest of the 

questions are taken from and pertain to 

historical events and other miscellaneous 

matters of a type normally given on radio 

quiz shows and other types of give-away 
Hon. R. Y. Lindsey, Jr., Page 3, (v-1483) 

programs. Patrons must purchase a theatre tlcke~t ;at the respective ticket 

booths In order to be able to participate 

in ‘:Quiz Rank’ or ‘Quiz Show’ as above 

.outlined, etin.“though they do not have to 

be .:present in the theatre’ to win or obtain the prize money give-away to the personanswering all the questions correctly. 

It is my understanding that children under 

the age of 12 years are not permitted to 

participate in either the ‘Quiz Dank’ or 

‘Quiz Show’ programs. . e *” 

” “FACT, STTUATION’ N0. II. A local 

drive-In thestre, ‘as sun added induc&&nt” 

for building up patronage and attendance 

of its theatre, on one night out of every 

week presents a game called ‘Movie Sweepstakes I. ‘Movie Sweepstakes’ Is a game 

in which films of famous horce races are 

shown as a special attraction in the theatre on a particular night in the week. 

On the ‘Sweepstakes’ night, patrons inside the theatre select three of the 

films at random to be shown, which means 

that three separate horse races from actual scenes at a race-track are shown on 

the screen. These are then shown in the 

order selected and anyone who has previously chosen the correct winners In all 

three races wins a prize. 

“To be eligible to win the prize, it 

is not necessary that one buy a ticket to 

the theatre, nor does one have to enter 

the theatre in order to collect his prize. 

Also, he need not be in the vicinity of 

the theatre at the time the races are shown. 

In the operation of ‘Movie Sweepstakes ‘, a 

game card is handed to all adults who uare 

to pick one up at the theatre, whether he’ 

intends to buy a ticket and see the regular 

show, or, not . The cards are not handed out 

at the ticket office, but to anyone who. de- 

,3 Ire s ,one ,. Those snot entering the theabe. 

simply write their names and addresses on 

the bottoms of the cards which they then deposit in a; nearby receptacle. Also, on these 

cards are their choices of which horses they 
Hon. R. Y. Lindsey, Jr., Page 4, (V-1483) 

believe will be the winners in the races 

to be shown inside the theatre. Persons 

purchasing a ticket to see the regular 

movie on 'Movie Sweepstakes' night are not 

given game cards at the time they purchase 

their tickets, but they must obtain them 

apart from the ticket office. They may 

either pick up the cards or not after or 

before they purchase their tickets, or 

they may pick up cards without even purchasing tickets. 

"It Is understood that the reason 

for not giving out the forms at the time 

the patrons purchase a ticket is to eliminate the possibility that the money paid 

for the ticket also pays In part for the 

game card. 'Movie Sweepstakes' operates 

by having patrons purchase tickets to see 

the regular movie and added shorts of 

which the Movie Sweepstakes is one, without regard to winning money. Then, if a 

patron desires to be eligible to play the 

game, he may pick up a game card without 

giving any consideration. He pays for 

movie entertainment only and if he does 

not buy a ticket, he still may be able to 

win a prize, although, of course, he will 

be excluded from watching the movie inside the theatre. The basis upon which 

this program operates is, that although 

there Is a prize and a chance involved, 

it lacks the necessary element of consideration. . . .' 

The Texas courts have defined a lottery as 

a scheme for the distribution of prizes by lot or 

chance among persons who have paid, or who have sgreed 

to pay, a valuable consideration for the opportunity 

to win the awards. City of Wink v. Griffith Amusement 

co., 129 Tex. 40, 100 S.W.2d 695 (1936); 54 C.J.S. 843, 

Lotteries, Sec. 1; 28 Tex. Jur. 409, 410, Lotteries, 

Sec. 2. Thus, every lottery contains three essential 

elements as follows: (1) prize; (2) chance; and (3) 

consideration. 

Fact Situation No. I nvolves the question 

of whether the element of chsnc i is to be found in the 

scheme. The same problem was considered in Attorney 
Hon. R. I'. Lindsey, Jr., Page 5, (V-1483) 

General Opinion V-544 (1948). We there held in effect that if the conduct of a contest and the answers given to a set of questions are dependent primarily upon skill and knowledge rather than upon 

mere chance,~;.the contest Is lawful. On the other 

hand, if any controlling portion of a contest calls 

for and is dependent upon pure guesses or chances, 

it is a lottery and therefore unlawful. A determination of whether the scheme indicated by your Fact 

Situation Rob I violates the lottery statutes depends upon the facts and circumstances of each contest and may not therefore be determined abstractly. 

In Fact Situation Ro. II, however, the 

problem concerns the presence or absence of the element of consideration. If participation in the game 

were limited to theater ticket holders, the element 

of consideration would clearly be present, but such 

is not the case here. Non-patrons as well as patrons of the theater may compete for the awards. 

Therefore, the question for our determination is 

whether the distribution of "free" chances removes 

the element of consideration from this plan. 

'@Movie Sweepstakes," as described in your . 

request,"ls, basically similar to the various motion 

picture <theater "Rank Rite" contests which have been 

considered by the courts of Texas in a number of different cases. Despite the fact that both patrons 

and non-patrons of the theaters were allowed to participate, these plans were held to be lotteries almost without exception. The distribution of "free" 

chances was considered but a subterfuge which would 

not have the effect of legalizing an otherwise illegal scheme. City of Wink v. Griffith Amusement 

co., I.29 Tex. 40,'lGO .W'.2d 695 (1936); Cole v. 

State, 133 Tex. Grim. 

Robb& Rowley, 

48, 112 S.W.2d 725(lgljs); 

United v. State, 127 S.W.28 221 (Tex. 

Civ. App. 19391. State v. Robb & Rowley, United, 

1.18 S.W.2d 917 [Tex. Clv. App. 1938). Moreover, a 

number of other sales promotion enterprise8 In which 

the participating merchants distributed chances for 

prizes among their customers were declared lotteries 

even though a number of the chances were distributed 

to non-customers. Featherstone v. Independent Service Station Association, 10 S.W.2d 124 (Tex. Clu 

APP. 1928) See also Att'y Gen. Ops.,O-2843 (1940); 

V-1420 (1952). 
Hon. R. Y. Lindsey, Jr., Page 6, (V-1483) 

In only one case, Griffith Amusement Co. 

den upheld. 

v. MOP an, 98 S.W.28 844, (Tex. Civ. App. 1936) was 

This decision. however. was 

neither cited-nor followed in the more recent cases, 

and it cannot be considered controlling here. Neither have the principles enunciated in the “Bank 

Nits” cases been overturned by the recent decision 

in Brice v. State, 242 S.W.2d-433 (Tex. Crim. 1951), 

which arose out of circumstances entirelv different 

from those before us. 

It is difficult of course to ascertain 

from descriptive literature alone the exact nature 

of any given scheme. The written description might 

differ materially from the manner in which It is 

actually carried out. 

stakes” 

However, in ‘Movie Sweepas described in your request,~ it appears 

that a substantial portion of the chances for prizes 

are on the basis of the purchase of theater tickets. 

This constitutes a valuable consideration moving 

from the contestants to the donor of the prizes, and, 

under the authorities cited above, tbatelement Is not 

removed by the distribution of a number of “free* 

chances on request. It is our opinion, therefore, 

that “Movie Sweepstakea” constitutes a lottery prohibited by Article 654, Vernon’s Penal Code. 

SUMMARY 

Whether the theatre quiz contest plan 

known as “Quiz Bank” or “Quiz Show” is a 

lottery and violates Article 654, Vernon’s 

Penal Code, is a question to be determined 

upon the facts and circumstances of each 

contest and cannot be determined abstractly 

as a matter of law. If the conduct of the 

c.ontest and the answers to a given set of 

questions are dependent primarily upon 

skill and knowledge rather than upon mere 

chance, the contest is lawful. On the 

other hand if any controlling portion of 

the contest calls for and is dependent upon pure guess or chance, it Is a lottery 

and is therefore unlawful. 

The contest “Movie Sweepstakes,” in 

which prizes are distributed to motion picture theatre ticket holders, is a lottery 
Hon. R. Y. Lindsey, Jr., Page 7, (v-1483) 

prohibited~ by Article 654, VP,C.., even 

though some of the chances for awards are 

distributed to non-patrons of the theatre. 

Yours very truly, 

PRICE DANIEL 

;,ttorney General 

BY 

Cal~vin B. Gsrwood, Jr. 

Assistant 

APPROVED; 

E, Jacobson 

Reviewing Assistant 

Charles D. Mathews 

First Assistant