THEATTORNEY GENERAL OF TEXAS
Aus- aa, TExAe
March 29, 1961
Mr. A. W. Davis OpinionNo. WW-1030 DistrictAttorney 50th JudicialDistrict Re: Whetherthe "GoodwillAward Paducah,Texas Promotion"under the facts stated~constitutesa lottery violativeof Section47, Article III, Constitutionof Texas and Dear Mr. Davis: Article 654, Vernon'sPenal Code.
The followingopinionis renderedpursuantto your requestand is based upon materialsubmittedsettingforth the procedurefor operationof "GoodwillAward Promotion"- which procedurewe quote:
"B - A week to ten days before the date of the first drawinga representative of GoodwillAdvertisingCo. is placed in the stqreto registereveryonewho comes in to it.
"(a) A desk or table is set up insidethe store but outsidethe sales'area.
"(b) The representative ask!,the store visitor if he or she wishes to register- and if so, per- mits them to do so and explainsthat there is to be a drawingevery week and that X amount of dollarswill be given away on those nights - the day and time statedto the registrant. Registrantis also told that the drawing is free and that it is not necessaryto buy any- thing to be eligible.
"(c) Upon registeringon a master registrationsheet, the registrantis given a qualification card and advisedagain - "Thesedrawingsare every week, startingon day at P.M. The drawing will be held%%de,'in front of the store, announcedover a publicaddress system,both in- side and outsidethe store. If your name is called,you shallbe declaredthe winner, if your card has been punchedand you present it within the allottedtime. (The time allowedis printedon the card, as well a8 the time of day, dates, rules of the promotionand full instructionsgoverningthe game.) Mr. A. W. Davis,Page 2 (WW-1030)
"(d) The qualification card is punchedfor the first drawingbut the registrantIs instructedthat they must get it punchedfor subsequentweeks~ In order to be eligiblefor the drawing. A cashieror a girl at the CourtesyBooth will punch and qualifythe cards.
"(e) One registrationis good for all drawings,r:so long as the promotioncontinues.
"Transcribing to ControlCards - This plan has a uniqueway of controlby transcribingnames from the master registrationsheet to alphabeticaland numerLca1controlcards which operatein such a way that one who might registermore than once will not have but one number in the drum -- thusly every registranthas an equal chanceon drawingnight,,,which stems from a numbered tab attachedto the alphabeticalcard, taken from it upon it being used and being placed in a revolvingdrum.
"DrawingNight - The Master of Cermonieswill pick judges from volunteersin the audienceas well a8 a child who does the actual drawing. The numberedtab drawn from the drum by &he child is comparedto the numericalcontrolcard which the judgeshave in possessionand the,nameappearingon that card 14 declaredthe winner.
"It is usual for the storeto award smallpresentsto the judges and the child as'8 thank you for their servicesthoughthis is not an actual part of the promotion.
"If a winner on any given night does not appearto collecthis prize,that amount of money becomesa part of a largerprize to be given away the followingweek. , "At the end of the term of the promotionany money not dis- tributedon prior nights will be drawn for until a winner does appear -- so that