Radio showmanship (Jan-Dec 1946)

CHECK LIST FOR SPONSORS 1.) Does visiting a sponsor's store as a point of qualification in receiving money from a telephone money show constitute a lottery? A visit to the sponsor's store can be ruled "consideration" if such a visit is mandatory in qualifing for the receipt of money. However, to request that a participant visit the sponsor's store to recei\'e a check for money earned for participation in a telephone money show should not constitute "consideration" because such a visit has no bearing on the qualification of the participant as a point in receiving the money. 2.) Does a demand that the listener describe the virtues of a product as a point of qualification in receiving money from a telephone money shoiv bear implication of a lottery? A demand that a participant describe the virtues of a product covdd be inferred to mean that that person is evidencing proof of purchase, inasmuch as a })erson woidd be unable to describe the virtues of a product until he had used it. Therefore, such a demand really constitutes an obligation to purchase the product. At least, such obligation is inferred. 3.) Is it lottery to demand that a listener possess the evidence of purchase of an advertised product in order to qualify for payment of money on a telephone money show? VV^ith no view of being facetious, we would say that any six year old child should know that this is lottery. i.) Does it constitute lottery ivhen listeners are asked to identify color, size or zvording of a broadcast label, package or container i}i order to qualify for paymefil of money offered on a telephofw money show? In our opinion, ihc above procediue possesses the basic laculties of a lottery because any sutli demand vvonld infer that the person must j^ni chase the product to show cn iclcncc ol ability to identify it. 150 A great number of lottery cases arc decided on the "intent" of the program as to setting up lottery factors, and ini our opinion, a demand that the lis-i tener meet the qualifications here is a proof of purchase, and therefore"consideration." 5.) Does the payment of equivalent money to a dealer or salesman constitute a lottery? As long as lottery does not exist in the program from which the money comes, no implication of lottery shoulcS arise because of such payments, pro\ iding that neither salesmen or dealer wotdd be under obligation to place orders, purchase goods or meet sales quotas in order to participate. 6.) Does the payment in merchandise or cash have any bearing on implications of lottery? No. Merchandise and cash are one and the same thing as far as the law is concerned. However, from a program standpoint, cash is usually more attrac tive than merchandise. 7.) Does demand of proof of knozvledge of sponsor's address, location or numbei of departments constitute a lottery? This would not constitute "consid eration" if such information has beer made free and available, and if these (juestions could be answered by a per son who has never heard the radic program. \ Here is one of the most importanii things in the operation of a telephone money show, namely, that all qualify ing questions be answerable by per sons who have never heard the prog gram but coidd freely secure the in formation from sources other than the radio program. S.) Does payment by mercluindise cer tificate, redeemable only at a specifit dealer, cotistitute a lottery? Payment follows cjualihcation, anc it has been held that the inferences o lottery occur only before actual pay nient. It could be safely said that sucl payment by merchandise certificatd would not involve "consideration.'" RADIO S HOWM A NSHII