§ 73.1211   Broadcast of lottery information.

   (a) No licensee of an AM, FM, television, or Class A television broadcast
   station, except as in paragraph (c) of this section, shall broadcast any
   advertisement of or information concerning any lottery, gift enterprise, or
   similar scheme, offering prizes dependent in whole or in part upon lot or
   chance, or any list of the prizes drawn or awarded by means of any such
   lottery, gift enterprise or scheme, whether said list contains any part or
   all of such prizes. (18 U.S.C. 1304, 62 Stat. 763).

   (b)  The  determination  whether a particular program comes within the
   provisions of paragraph (a) of this section depends on the facts of each
   case. However, the Commission will in any event consider that a program
   comes  within  the  provisions  of paragraph (a) of this section if in
   connection with such program a prize consisting of money or other thing of
   value is awarded to any person whose selection is dependent in whole or in
   part upon lot or chance, if as a condition of winning or competing for such
   prize, such winner or winners are required to furnish any money or other
   thing of value or are required to have in their possession any product sold,
   manufactured, furnished or distributed by a sponsor of a program broadcast
   on the station in question. (See 21 FCC 2d 846).

   (c) The provisions of paragraphs (a) and (b) of this section shall not apply
   to an advertisement, list of prizes or other information concerning:

   (1) A lottery conducted by a State acting under the authority of State law
   which is broadcast by a radio or television station licensed to a location
   in that State or any other State which conducts such a lottery. (18 U.S.C.
   1307(a); 102 Stat. 3205).

   (2) Fishing contests exempted under 18 U.S. Code 1305 (not conducted for
   profit, i.e., all receipts fully consumed in defraying the actual costs of
   operation).

   (3) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming
   Regulatory Act (25 U.S.C. 2701 et seq.)

   (4) A lottery, gift enterprise or similar scheme, other than one described
   in paragraph (c)(1) of this section, that is authorized or not otherwise
   prohibited by the State in which it is conducted and which is:

   (i)  Conducted  by  a  not-for-profit  organization  or a governmental
   organization (18 U.S.C. 1307(a); 102 Stat. 3205); or

   (ii) Conducted as a promotional activity by a commercial organization and is
   clearly  occasional  and  ancillary  to  the  primary business of that
   organization. (18 U.S.C. 1307(a); 102 Stat. 3205).

   (d)(1) For purposes of paragraph (c) of this section, “lottery” means the
   pooling  of  proceeds  derived from the sale of tickets or chances and
   allotting those proceeds or parts thereof by chance to one or more chance
   takers or ticket purchasers. It does not include the placing or accepting of
   bets or wagers on sporting events or contests.

   (2)  For  purposes  of  paragraph  (c)(4)(i) of this section, the term
   “not-for-profit organization” means any organization that would qualify as
   tax exempt under section 501 of the Internal Revenue Code of 1986.

   [ 40 FR 6210 , Feb. 10, 1975, as amended at  45 FR 6401 , Jan. 28, 1980;  54 FR 20856 , May 15, 1989;  55 FR 18888 , May 7, 1990;  65 FR 30003 , May 10, 2000]

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