The very nature of the plan makes it certain defendants would not issue all the tickets, or large blocks of tickets, to any one individual, since obviously this would defeat the intent and purpose of the scheme. A second element of consideration present in this scheme is to be found in the fact all prospective participants are subjected to the sales appeal of the merchandise offered for sale at defendants' stores and stations. No one can doubt that when any individual appears at any store, to secure a ticket and become a participant in the hope of receiving a free automobile, that person is aware of the various commodities offered for sale there, and mentally compares the quality and price of such commodities with those offered for sale elsewhere. Moreover participants are able to ascertain the winning number by going to defendants' stores when same is posted, and, under the rules, agree to surrender the winning number within a specified time or be disqualified from winning by failure to do this. While no drawings are held at which participants are required to be present, the contest rules require that any participant whose number is drawn must claim the prize within certain specified hours, on particular days of the week, at defendants' main office in Enid, Oklahoma.
Sufficient consideration moves from the participants to defendants as operators of the scheme.
The language in United Detroit Theatre Corp. v. Colonial Theatrical Enterprises . But while the patrons may not pay, and the respondents may not receive any direct consideration, there is an indirect consideration paid and received. The fact that prizes of more or less value are to be distributed will attract persons to the theaters who would not otherwise attend. In this manner those obtaining prizes pay consideration for them, and the theaters reap a direct financial benefit.' . . . The trial court properly granted the application for permanent injunction.