Oregon Administrative Rules
Chapter 177 - OREGON STATE LOTTERY
Division 40 - RETAILER CONTRACT
Section 177-040-0055 - Advertising Lottery Games and Inducements to Play
Universal Citation: OR Admin Rules 177-040-0055
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Prohibitions:
(a) A retailer may not conduct false or
misleading advertising, in any form, regarding the Lottery or Lottery games
including, but not limited to, claiming the odds of winning a Lottery game are
different at the retailer's business than at any other Lottery retailer's
business.
(b) A retailer may not
use the word "lottery" in its assumed business name or any other term that the
Director otherwise determines, in their sole discretion, is a threat to the
fairness, integrity, security, and honesty of the Lottery or conflicts with
Lottery's legal obligation to advertise responsibly and promote responsible
gaming practices and messaging.
(2) Requests for Use: The Director or the Director's designee must approve all requests from a retailer for the use of trade or service marks registered by the Lottery. Trade or service marks registered by the Lottery include, but are not limited to, the Lottery's name, logo, and promotional names.
(a) Requirements: All requests from a
retailer must be in writing and must include a sample of the proposed use of
the trade or service mark. The request must also explain how and where the
trade or service mark will be used.
(b) Permission: Permission for use of a trade
or service mark may be granted in the exercise of the sole and exclusive
discretion of the Lottery, taking into account the particularly sensitive
nature of the Lottery and ensuring the integrity of its operations and image.
Approval for use of a trade or service mark shall not be given for display of
the mark in an inappropriate manner or format.
(c) Rights: Nothing in this rule shall be
construed to grant, or create any expectation or right to display, publish or
use, in any manner, in whole or in part, any trade or service mark registered
by the Lottery. Any display, publication or use by a retailer of any trade or
service mark registered by the Lottery without the express, written prior
consent and agreement of the Lottery is unauthorized and unlawful, and the
Lottery expressly reserves the right to take any action to enforce its rights
in such trade and service marks.
(3) Inducements: For purposes of this section:
(a) Credit and Credit Cards: A
Lottery retailer shall not extend credit to persons to play Lottery games. This
does not include the use of a credit or debit card by a player for the purchase
of Lottery tickets or shares. An example of the use of a credit or debit card
for the purchase of Lottery tickets or shares includes, but is not limited to,
the purchase of Scratch-It tickets with a grocery purchase.
(b) Loans: A Lottery retailer shall not
provide any form of financial assistance to a Video Lottery player for the
purpose of playing Lottery games. An example of providing financial assistance
to a Video Lottery player includes, but is not limited to, a loan of money for
any amount of time for the purpose of playing Lottery games.
(c) Alcohol: A Lottery retailer shall not
provide alcoholic beverages as an inducement to play Lottery games.
Statutory/Other Authority: Or Const, Art XV, § 4(4)(a), ORS 461.120 & 461.300
Statutes/Other Implemented: Or Const, Art XV, § 4(4)(a), ORS 461.150, 461.220, 461.820, ORS 461.120 & 461.300
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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