1968 Book 1 Texas Attorney General Reports and Opinions 1 (1968)

handle is hein.sag/sagtx0113 and id is 1 raw text is: THE ATTORNEY GENERAL

onAWrFon C. MAnRTIN
ATTORNEY GENERAL

OF TEXAS
AusTi, TEXAS 78711

January 4, 1968

Hon. Henry Wade
District Attorney, Dallas County
Dallas County Government Center
Dallas, Texas 75202

Opinion No. M-176
Re: Whether the driving
into a service station
by a person, who may or
may not make a purchase
and who is given a free
card which is distributed
by the station entitling
the holder to win a
prize, if by chance he
thereby becomes a
recipient of a similar
card, constitutes a
consideration for the
prize, so as to be in vio-
lation of the lottery
statute, Article 654,
Vernon's Penal Code.

Dear Sir:
Your opinion request on the above captioned subject,
refers to the memorandum brief attached thereto for a de-
tailed description of the questioned give away plans used
by various oil companies. It is stated in such brief that
the plans used by the various companies are substantially
the same and the dino dollars plan is presented as an
example of the other plans used in Texas. This example is
as follows:
When a customer comes into a Sinclair
station, he is furnished a Dino Dollars card,
The bottom half of the card has to be rubbed
gently with a coin in order to be read. Each
card will give a dollar amount along with the
statement, Drive With Care. Any customer
or person who gets two cards which contain
the same dollar amount and which complete
the other half of the slogan, And Buy Sinclair,
is paid the face amount shown on the cards.
The cards are not distributed at any location
other than at Sinclair stations, It is not
necessary for the customer to make a purchase
to get a card.

-847-

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