Radio showmanship (Jan-Dec 1946)

9.) Does possession of an article irrelevant to the sponsors product, demanded as a point of qualification in receipt of money, constitute a lottery? Radio stations who have set up a method whereby the participant is asked whether he has a copy of some magazine, a War Bond, or other irrelevant object in his possession, kid themselves into believing that the inclusion of this qualification will act as a screen against lottery. CHECK LIST FOR STATIONS PROGRAM CONTENT I.) Does lack of information or edu^a\ion on the part of a listener set up the Implication of a lottery? If the information that is the source of the question is free and available, then lack of knowledge, information or education could have no bearing. J J What about telephone money shows vhere the listener is asked to identify musical selection that has just been flayed on the program? The implications here are the same as that w^hich exist relative to the legal standing of a radio show in which the listener must be tuned to the radio station to earn money. There would seem to be some grounds for reasoning that if a person is forced to listen to a station to receive money, a "consideration" exists. There is a very thin border line when a station plays a musical selection which a listener is asked to identify. It involves the question of a radio station as a commercial enterprise, the exact value of w^hich is regulated by the number of listeners. This gives each listener a definite monetary value, and if the listener is forced to turn his dial to one particular station in order to recei\e money, there is a possibility that the value of that listener could become a "consideration." We feel that the same holds true in the use of hidden phrases or terms demanded as a qualification point for AY, 1946 receipt of money, or in the use of sound effects as a point of qualification. 3.) How about the use of pass words, key words, etc. on telephone money shows? It would seem that the legality of such devices could be decided by whether or not they were "free and available" in sources outside the radio program. PROGRAM MECHANICS 1.) Does registration of listeners names and telephone numbers by mail constitute a lottery? If such registration is free and open to all, it should not constitute a lottery. If, however, such registration must be made on official blanks procurable only at certain stores, or in conjunction with the purchase of a certain product, there is certainly implied a definite consideration. 2.) How are names and telephone numbers to be called on a telephone money show selected so as to avoid lottery? We believe that selecting telephone numbers at random infer "chance," and chance is a component part of lottery. We, therefore, set up a diagram in which we scientifically map out every section within the primary coverage of a radio station and with a great deal of care and thought we "select" telephone numbers so as to eventually weave a pattern of complete and actual participation. On our programs we make no mention of how telephone numbers are selected, and we are not in the least evasive about stating that we scientifically select telephone numbers in such a manner as to completely cover the primary area. TO sum up, the word lottery has no technical legal meaning, but must be construed in the popular sense. It is the rule that the elements of a lottery are: (1) consideration; (2) chance; (3) prize. To save a contest from falling within the purview of the lottery laws, skill must be the predominant element. • 151 •