Building theatre patronage : management and merchandising (1927)

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430 Building Theatre Patronage that the service performed in opening the envelope was the "valuable consideration." Sometimes programs are stamped with consecutive numbers. Some of these numbers may win prizes at a certain performance. The holder does not pay for the program, but if he has to be in the theatre to obtain the prize, the purchase of an admission ticket is held to be the valuable consideration. He pays no more than he would to attend any other performance, but it is held that he attends this particular performance in the hope of winning a prize, so a lottery exists. The "Country Store" where merchandise is given, is held a lottery in all states, but in some states it has been held that if there is no drawing, the third element is lacking and a lottery does not exist. In other words, the manager may, in the goodness of his heart, present any patron with a ham, a morris chair or a stick of candy, if he so desires. As a rule, however, the mere act of decision can be held to be the element of chance. It is illegal to announce that you will give presents to the first two hundred or ten hundred persons attending your performance. In many states you may announce that you have a stated number of presents and will give them out "while they last." It is unsafe to hold any sort of contest in which any awards are drawn for. It is unsafe to offer free admission to every tenth patron, or use any similar idea. You may escape trouble for years, but you may get into serious trouble your next try. It is well to avoid all lotteries. It is also a lottery to offer prizes for the "first" answers received to a contest. It does not matter to the authorities whether you draw a number from a box or draw a letter. Qualify such contests. You use a cutout which must be pasted up. Do not offer a prize for the "first" reply, but make your award on "neatness and originality." This is where the contest differs from the lottery. A contest is held to be a test of skill. If you ask a patron to guess how many beans there are in a jar, you are running a lottery; but if you permit everyone, without fee, to "estimate" the number of beans, then it becomes a matter of skill.