THE,~~~OIR~'EY GENERAL 

OFTEXAS 

WILL WILSON 

ATTORNECY GE1VERAL 

June 24, 1957 

Honorable Coke Stevenson, Jr. Cpinion No. WW-170. 

Administrator 

Texas Liquor Control Board 

Austin 61, Texas 

3er Legality of contest plan 

for advertising alcoholic 

beverages. - 

Dear Mr. Stevenson: 

We have your letter of June 13, 1957, in which you 

ask our opinion on the legality of a certain advertising plan 

for the advertisement of alcoholic beverages. You have submitted to us certain information from which we describe the 

plan as follows: 

This advertising plan is to be in the form of a contest among entrants to name the 1957 Grand National Champion 

mixed drink, determined in a nation-wide drink contest held 

among professional bar-tenders. The entrant is to give a suggested name for this drink and the reason for such name in ten 

words or less. The contest rules state that no purchase is required to enter this contest which is open to all persons of 

legal age in the United States except certain employees of the 

distillery, its advertising agency, persons engaged in the 

alcoholic beverage industry, or their families. The rules further provide that no legal minor will be awarded a prize, and 

all entries become the property of the distillery company. The 

entries are to be judged on the basis of originality, uniqueness and aptness, and all contestants agree by reason of their 

entry to the use by the sponsor of their name and photograph in 

connection with the advertising of the sponsor’s product. 

First prize is to be $10,000 cash, there being 450 

"Waring Blenders" as second prizes. This contest is sponsored 

by the distillers of the alcoholic beverage there advertised. 

kticle 666-17 (31, Vernon’s Penal code, provides as 

follows: 

“It shall be unlawful for any person who owns 

or has an interest in the business of a Distiller, 

Brewer, Rectifier, Wholesaler, Class B. Wholesaler, 

Class A Winery, Class B Winery, or Wine Bottler, or 

any agent, servant, or employee: 
Honorable Coke Stevenson, Jr., page 2 (WW-170) 

” 

e . 0 

'l(f) To offer any prize, premium, gift, or 

other similar inducement to any retailer or consumer, or the agent, servant, br employee of 

either. 

'1. . . . " 

It is our opinion that the advertising plan above 

detailed offers prizes, premiums or other similar inducements 

to the consumers or prospective consumers of alcoholic beverage. Since the parties sponsoring this advertising plan are 

included within the parties enumerated in Art. 666-17 (31, 

V.P.C., it is our conclusion that this advertising plan violates 

the provisions of Article 666-17 (3) (f), V.P.C., and that such 

plan is therefore unlawful under the Texas Liquor Control Act. 

The submitted advertising plan involving a 

contest to name the Grand National Champion 

Drink of 1957 and listing certain prizes for the 

winners of such contest constitutes an offer of 

a prize, premium, or other similar inducement to 

the coneumers by the sponsor, a distillery and 

thereby violates Article 666-17(3) (f), V.b.C. 

Yours very truly, 

WILL WILSON 

Attorngy General of Texas A 

JBM:jl:wb 

APPROVED: 

OPINION COMMITTEE: 

H. Grady Chandler, Chairman 

John Reeves 

Byron Fullerton 

Howard Mays 

Wm. E. Allen 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Geo. P. Blackburn