Hon. Darwin L. Wilder Opinion No, S-49
County Attorney
Denton County Re: Le allty under Article
Denton, Texas 68 V.P.C I of the giving
of a valuable prize by
means of a drawing for
which anyone is eligible
to register in the donor’s
store at nc cost, partici-
pants not being required
Dear Mr. Vilder: to be present at drawing.
You have requested our opinion as to the legality
under Article 654 of Vernon ‘6 Penal Code of a plan described
I by you as fol3ows :
“Facts: The local Safeway Stores advertise
that they would give away, free, at a drawing,
a ‘Nelly-Belle’ jeep. This was ‘a promotion
scheme to increase the sale of Post cereals.
Snfeway sells Post Cereals and as, a result of
the advertising of the give away drawing, their
sales were increased thereby. To be eligible
for the drawing, patrons of the store was re-
quested to enter building and register. There
was nothing to buy - anyone could register. The
winner did not have to be present at drawing to
win.”
This office considered a similar plan not to be In
violation of such Article In Opinion No. v-167, dated April
28, 1947, a copy of which Is attached hereto. That opinion
was approved on page 4 of Opinion No. v-1564, dated December
23, 1952, a copy of which also Is attach’ed hereto.
The Court of Criminal Appeals has recently held that
another similar pUa does not violate such artiole. In Brice
v. State, 242 S.W.26 433, 435 (Tex. Grim. 1951), the Court;
said :
Hon. Darwin L. Wilder, page 2 (S-49)
"Under the authorities mentioned, we must
conclude that in the absence of any charaoter
of favoritism shown to customers, the lottery
statute, Art, 654, P~c., is not violated under
a plan whereby a merchant awards a prlse or
prizes by chance to a registrant, wfth@ut re-
quiring any registrant to be a customer or to
purchase merchandise or to do other than regls-
ter without charge at the store, though the
donor may receive a benefit from the drawing
in the way of advertising."
It is the opinion of this office that the plan sub-
mitted by you, as outlined above, does not violate Article
654 V.P.C*
SUMMARY
The giving of a valuable prise by means
of a drawing for which anyone Is eligible
to register in the donor86 store at no cost,
no favoritism being shown, and partloipants
not being required to be present at the draw-
ing, does not constitute a lottery la vlola-
tloa of Article 654 V.P.C.
APPROVED: Yours very truly,
V. F. Taylor JOHNBEN SEEPPERD
State Affairs Dlvlslon Attorney ffsneral
Wlllis E, Gresham
Reviewer
Burnell walarep
Reviewer
Robert S. Trotti
First Assistant
John Ben sheppera
Attorney General
JA/rt
Encls.