This article was not written by nor reviewed by an attorney. This contents of this article do not constitute legal advice. The reader of the article waives Michelle Bradley d/b/a/ REC Networks of any liability in connection with the advice given in this article.
There are both state and federal implications in the answer to this question.
State laws regarding the lottery
Before a station does a lottery related promotion, they should consult with state laws as each state may differ.
Distribution of tickets to minors
Every state has age restrictions of who can purchase and redeem lottery tickets from a licensed vendor or from the state lottery. However, if a lottery ticket is given to someone (such as a gift), states may have different regulations. For example, Maryland and Pennsylvania both permit lottery tickets to be gifted to minors, while in Delaware, a minor who is age 14 or older may be the recipient of a prize. However, in the commonwealth of Virginia, gifting a lottery ticket to a minor as a Class 3 misdemeanor.
Stations need to check their state laws and to play it safe, they should (1) limit such giveaways to live appearances or office pick-ups and (2) check identity of recipients, especially in states like Virginia where gifting a ticket to a minor is prohibited.
Also, pursuant to 18 USC §§1301 and 1302, it is not advisable to send lottery tickets in the mail.
Note that some states may have restrictions on lottery tickets being purchased by or redeemed by employees of the state lottery and potentially other agencies.
Representation of the lottery
If doing a giveaway of lottery tickets, avoid any promotion that has a name that ties into the lottery. For example, Maryland Statutes §9-124(c) states:
Unless a person receives written authorization from the Agency, the person may not use the term “Maryland State lottery”, “Maryland lottery”, “State lottery”, “Maryland State Lottery Agency”, “Maryland State Lottery and Gaming Control Agency”, “Maryland State Lottery Commission”, “Maryland State Lottery and Gaming Control Commission”, or any variation of these terms in the title or name of a charitable or commercial enterprise, product, or service.
Therefore, doing promotions, such as "the great state lottery giveaway!!" may not be a good idea. Again, you will need to consult with state laws.
Federal regulations and laws
Those who were back around in the old days may remember that the FCC once had strange regulations that prohibited stations from giving out the lottery numbers from states other than their own or adjacent states. That regulation was changed.
The "Lottery Rule", §73.1211 discusses the broadcasting about information concerning "any lottery, gift enterprise or similar scheme, offering prizes dependent in whole or in part upon lot or chance...".
However, paragraph (c) does have exceptions to the rules regarding broadcasting lottery information:
- A lottery conducted by the state acting under the authority of state law in a state that conducts a lottery.
- Certain types of fishing contests.
- Tribal gaming.
- Certain types of lotteries/gift enterprises held by a non-profit organization or by a commercial organization where such a lottery is only ancillary to the primary business of the organization.
With that, as long as your state has a lottery (all states except AL, AK, HI, NV and UT), then you can discuss the lottery on the air.
To get more down and dirty into the lottery rule, check out our FAQ on church raffles.
