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45 Harv. L. Rev. 1196 (1931-1932)
Contests and the Lottery Laws

handle is hein.journals/hlr45 and id is 1254 raw text is: HARVARD LAW REVIEW

CONTESTS AND THE LOTTERY LAWS
THERE is nothing novel about the use of contests as a means
of stimulating the sale of goods. But usually most business
men prefer advertising methods which have some connection with
the merits, real or imagined, of the goods which they have to sell.
In ordinary times, therefore, reputable concerns have some doubts
about the wisdom of sponsoring contests which plainly have
nothing to do with the desirability of their goods. Conservative
newspapers, for instance, often pride themselves publicly on main-
taining their circulations without resorting to prize contests,
which tend to be a regular feature of the tabloid press. As profits
fall, however, the virtues of delicacy become less apparent, and
aggressive manufacturers put aside whatever scruples they for-
merly had and turn to every available means of increasing sales.
This may, in a large degree, help to explain the decided increase
of the number of advertising contests within the last year. Since
success invites and sometimes compels imitation by competitors,
the popularity of advertising contests has reached astounding
proportions, and in consequence the legal problems involved have
acquired a measure of importance.
Offhand there is no ready association between contests and the
various lottery statutes.' The word  lottery calls to mind
1 ALA. CODE (Michie, 1928) § 4247 et seq.; ARiz. CODE (Struckmeyer, 1928)
§ 4676; ARK. DIG. STAT. (Crawford & Moses, 1921) § 2667 et seq.; CAL. PEN. CODE
(Deering, 193I) § 319 et seq.; COLO. ANN. STAT. (Mills, 1930) § 4677et seq.; CONN.
GEN. STAT. (1930) § 6332 et seq.; DEL. REv. CODE (1915) C. 100, § 129; D. C. CODE
(1929) tit. 6, §§ i51, 152, 313-15; FLA. Coip. LAWS (1927) § 7667 et seq.; GA. CODE
ANN. (Michie, 1926) § 397 et seq.; IDAHO COaP. STAT. (1919) § 8316 et seq.; ILL.
REv. STAT. (Cahill, 1931) c. 38, § 401 et seq.; IND. ANN. STAT. (Burns, 1926) § 2680
et seq.; IOWA CODE (193) § 13218; KAN. REv. STAT. ANN. (1923) C. 21, §§ 1101,
,50, et seq.; Ky. STAT. (Carroll, 1930) § 1314 et seq., § 2573 et seq.; LA. REV. STAT.
ANN. (Marr, 1915) § i66i et seq.; ME. REv. STAT. (930) c. 136, §§ 13, 18 et seq.;
MD. ANN. CODE (Bagby, 1924) art. 27, § 336 et seq.; MASS. GEN. LAWS (1921)
C. 271, § 7 et seq.; MIcH. ComP. LAWs (1929) § 16613 et seq.; MniN. STAT. (Mason,
1927) § 102o9 et seq.; Miss. CODE ANN. (1930) § 1o38 et seq.; Mo. REv. STAT.
(1929) § 4314 et seq.; MONT. REV. CODE (Choate, 1921) § 11149 et seq.; NEB. CoMP.
STAT. (1929) § 28962 et seq.; NEv. Co n,. LAWS (Hillyer, 1929) § io176 et seq.;
N. H. PUB. LAWS (1926) c. 384, § I et seq.; N. J. ComP. STAT. (i91O) p. 1764, § 57
et seq.; N. M. STAT. ANN. (Courtright, 1929) c. 35, § 38oi et seq.; N. Y. PENAL LAW

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