Or. Admin. R. 177-040-0055

Current through Register Vol. 63, No. 6, June 1, 2024

Section 177-040-0055 - Advertising Lottery Games and Inducements to Play

(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.

Or. Admin. R. 177-040-0055

LOTT 6-2000, f. 7-26-00, cert. ef. 8-1-00; LOTT 11-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 22-2002, f. & cert. ef. 11-25-02; LOTT 4-2017, f. 8-25-17, cert. ef. 9/1/2017; LOTT 4-2023, amend filed 11/17/2023, effective 12/1/2023

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