Thanks to a couple of Media Maven followers asking if this "promotion" by a local radio station and their client constitutes an FCC-prohibited "lottery" in the form of a contest offering tickets to the Fort Wayne Zoo, formerly the Fort Wayne Children's Zoo.
In a nutshell, the FCC says a lottery is comprised of a prize (something of value), consideration (money or something of value) and chance (a drawing or other random selection of outcome).
Here are screen-shots submitted to the Maven. They circled portions of the messages that caused them concern.
In a nutshell, the FCC says a lottery is comprised of a prize (something of value), consideration (money or something of value) and chance (a drawing or other random selection of outcome).
Here are screen-shots submitted to the Maven. They circled portions of the messages that caused them concern.
What's the big deal?
Well, the two postings above are ambiguous as to the "consideration" part of a lottery. They mention "trying" the drink, but neither post explains if "trying" the drink requires a purchase.
Usually promotions like this are required to say "no purchase necessary" (to enter the contest), but that phrase in not included in these posts, nor is an alternate message of "ask us for contest details". Those statements are required as an integral part of ads or postings about a contest.
Here's a fact sheet from a law firm practicing before the FCC that highlights the three things that the FCC says comprises a "lottery".
