OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Tom Seay 

county Attorney 

potter county 

hmarillo, Texarr 

Dear sir; 

ue hare oarefull 

sented in your Utter or 

the oplnlon of this depar 

q?ree cash Gift AWardr aa 

you attatrhed to your letter 

to be praotloed by a 

violation or nrtfole 

r *et enry psrson in this oity 

ding territory 8ay know mr0 

ore and more about tha complete 

that we carry at the Very 

and so that you may visit our 8torb 

pressriptlan department 

and make the acquaintance or our tine staff or 

employees, and that we may meet you an& know pU 

personally and be able to serve you bettor, W 

have adopted sn advertising plan mbereb a rrubetantial cash award will be made to the pub r io amry 

day except Sundan and legal holidays. 
Honorable Tom Seay, page 2 

"The rules of this plan are aa follows:-- 

1. Every person who pePtlclpatea must rin 

out one only permanent registration oard 

# 

iving his true name and oorreot address. 

iotitlous names will not be aonaidered 

and there uelng them will not be allowed 

to partisipate. Thie registration oerd 

makes a person eliglbls but euch person 

must sign the daily register 'book every 

day in order to qualify for that day*8 oash 

gift award. 

2. It is not necessary for the publio to make 

a purahase in order to partiolpate. 

3. Cash gift awards till be made at 3lSO P.M. 

every day (Sunday6 and holidays excepted). 

4. Inrormutlon relative to the awards will be 

posted in our windona and atore. 

5. It la not neoessary ror partlolpants to be 

present at the time of the drawing to reoeire the oash gift awards. 

6. Every day some dlsintereated person will 

draw a number stub rrom the box, suoh numbersd atub being the rlnnin~ number ior that 

day. 

7. In the event that the name ot the pereon 

holdfag ~the winning number does not appear 

on the daily register, $1.00 will be added 

every day until the girt award ti made to 

some person In the community whoee name appears on the daily register. 

8. III ease of any dispute, the merohant's decielon ehall be final. 

9; Store emplopaes, their ramllfes and relatives, are not eligible to partialpete or 

receive the oaah gift awards. 

10. IF YOU HAYE NOT XQX.STEf#D, PLEASE DO SO AT 

OlJCE ." 
Honorable Tom &my, pa@ 3 

Your letter further #tates: 

"It Is oontended that suoh sohome does 

not constitute a lottery, beoauee there Is no 

consideration lnvolvod and that ohsnose are 

rreslp and openly given to all persons deslrlug same, without regard to whether a purohaae 

la made from the mrsrohanta partlolpatlng or not. 

We believe It to be the general rule 

that ln order to oonstltute a lottary tbre 

must be three element@ present, to-wit, (1) 

oonslderatlon, (2) @heme, and (3) prize, end 

that all three such elementa must be pre6ent. 

. . .- 

We believe that Oplnlon Ho. O-2063, a6 previously given by this offloe to Honorable Prsd T. pertu, County 

httorneg or murmn county, is dlrsotly In point ror the 

oaaa you have at hand. Ne at%ach hereto a oopy or that 

opinion . AS you will observe, this -Box orrlee fnouranoe* 

was obtainable from the motion pioture theatre by a mere 

act or registration, without requlslte attendanoe at the 

theatre . Also, the winner of tha award did not have to bo 

present at the. theatre, but hl6 n&me as wlmer wa6 posted 

In the lobby, and he oould colleot thr money at any time 

wlthln thirty days; or upon hi8 tallure to present hlmarli 

to receive the money, the said 6um would be given to the 

rarent teachers @aoolatlon. 

Opinion Ho. O-2063 aekmwledges the readily apparent qualitiee of ohanoe *nd pFlxe, and demt6s ltaelt 

ehlerly to the question of oonalderatlon. In this respectt 

the eases of Cole va. Stats, 112 8. W. (2d) 725, $tate ~8. 

Robb and Rowley united, Ino., 118 s. w. 917, and Featherstone vs. Independent Servlae Station Assooiatlon, 10 S. Wh 

(2d) 124, are eited aa lnetanoes wherein the oourte hate 

held that the oonslderatlon Involved although to a de@ee 

lntaaglble was nevertheless effeatlve, and that the absonee 

of an aatual required purohase or other lnveatment on the 

part or the would-be reolplrnt or the prize, was not aUtriolent to relieve the praotlce in question of the etigaae Or 

0onki.n~ under the olasslrleatlon or a lottery. 
Honorable Tots Seay, patie 4 

In view of the authoritlee olted ln opinion MO. 

O-2063, and the parallel clroumatances whioh these oases 

have to the case which you present, you are respectfully 

advised that it is the opinion of this department that the 

scheme described by you and upon which 

ion does constitute a lottery in vlolat 1: 

ou request an oplnon or mtiole 654 

of the yenal Code of this State. 

Very truly yours