fact does receive,some bene- fit in the way of patronageor otherwise,as a result of the drawing,does not supplythe elementof con- siderationpaid by the chanceholder for the chance."
Assumingthe facts as outlinedabove in the proceduresfor operation of GoodwillAward Promotionit seems clear that this promotionis identical to that involvedin the Brice case, supra. No person ,isrequiredto make a purchaseat a participatingstore to become eligiblefor an award; any personmay convenientlyregisterand become eligiblefor an award; the transcribingprocedureoutlinedabove makes it evidentthat all registrants have an equal chance on &awing night,'noadvantagesbeing affordedcustomers of a participatingstore who may actuallymake purchasesat the store in ad- ditionto registering.
It is our opinion,from the facts as outlinedby you, that the neces- sary elementof considerationis absent,and further,the GoodwillAward Promotiondoes not constitutea lottery.
It is noted that the SupremeJudicialCourt of Maine in the case of State of Maine vs. Russiere,154 A.2d 702, (1959)had before it an identical promotion,namely, "GoodwillCash Bight". The Maine Court held: "In order to constitutea crime under the statute in question,three elementsmust be present,~$7.:(1) prize, (2) chance,and (3) a consideration having a pecuniaryvalue paid directlyor indirectlyby some participant. Under the facts in this case the third elementis not present,and the defendantcannotbe found guilty of the crime charged."
S U M'M A R Y
The GoodwillAward Promotiondoes not constitutea lottery,under the submittedfacts,becauseof the absenceof a valuableconsideration. . . .
Mr. A. W. Davis, Page 5 (WW-1030)
Very truly yours,
WILL WILSON AttorneyGeneralof Texas
Maston C. Courtney I/ AssistantAttorneyGeneral MCC:br
APPROVED:
OPINIONCOMMIYTER W. V. Geppert,Chairman
Jerry Roberts DudleyMcCall8 John Phillips
REVIlBEDFORTREATTORK?XGENERAL
BY: Morgan Nesbitt