§ 76.213   Lotteries.

   (a) No cable television system operator, except as in paragraph (c), when
   engaged  in  origination  cablecasting  shall transmit or permit to be
   transmitted  on  the  origination cablecasting channel or channels 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 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.

   (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 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 thing of
   value  or  are  required to have in their possession any product sold,
   manufactured, furnished, or distributed by a sponsor of a program cablecast
   on the system in question.

   (c) The provisions of paragraphs (a) and (b) of this section shall not apply
   to advertisements or lists of prizes or information concerning:

   (1) A lottery conducted by a State acting under authority of State law which
   is transmitted:

   (i) By a cable system located in that State;

   (ii)  By a cable system located in another State which conducts such a
   lottery; or

   (iii) By a cable system located in another State which is integrated with a
   cable  system  described in paragraphs (c)(1)(i) or (c)(1)(ii) of this
   section, if termination of the receipt of such transmission by the cable
   systems in such other State would be technically infeasible.

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

   (3) 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; or

   (ii) Conducted as a promotional activity by a commercial organization and is
   clearly  occasional  and  ancillary  to  the  primary business of that
   organization.

   (d) For the purposes of paragraph (c) 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.

   (e)  For  purposes  of  paragraph  (c)(3)(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.

   [ 37 FR 3278 , Feb. 12, 1972, as amended at  40 FR 6210 , Feb. 10, 1975;  42 FR 13947 , Apr. 13, 1977;  54 FR 20856 , May 15, 1989;  55 FR 18888 , May 7, 1990]

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