§  76.213   Lotteries.

   (a) No cable television system operator, except as in paragraph (c),
   when engaged in origination cablecasting shall transmit or permit to be
   transmitted on the origination cablecasting channel or channels any
   advertisement of or information concerning any lottery, gift,
   enterprise, or similar scheme, offering prizes dependent in whole or in
   part upon lot or chance, or any list of prizes drawn or awarded by
   means of any such lottery, gift enterprise, or scheme, whether said
   list contains any part or all of such prizes.

   (b) The determination whether a particular program comes within the
   provisions of paragraph (a) of this section depends on the facts of
   each case. However, the Commission will in any event consider that a
   program comes within the provisions of paragraph (a) of this section if
   in connection with such program a prize consisting of money or thing of
   value is awarded to any person whose selection is dependent in whole or
   in part upon lot or chance, if as a condition of winning or competing
   for such prize, such winner or winners are required to furnish any
   money or thing of value or are required to have in their possession any
   product sold, manufactured, furnished, or distributed by a sponsor of a
   program cablecast on the system in question.

   (c) The provisions of paragraphs (a) and (b) of this section shall not
   apply to advertisements or lists of prizes or information concerning:

   (1) A lottery conducted by a State acting under authority of State law
   which is transmitted:

   (i) By a cable system located in that State;

   (ii) By a cable system located in another State which conducts such a
   lottery; or

   (iii) By a cable system located in another State which is integrated
   with a cable system described in paragraphs (c)(1)(i) or (c)(1)(ii) of
   this section, if termination of the receipt of such transmission by the
   cable systems in such other State would be technically infeasible.

   (2) Any gaming conducted by an Indian Tribe pursuant to the Indian
   Gaming Regulatory Act. (25 U.S.C. 2701 et seq. ).

   (3) A lottery, gift enterprise or similar scheme, other than one
   described in paragraph (c)(1) of this section, that is authorized or
   not otherwise prohibited by the State in which it is conducted and
   which is:

   (i) Conducted by a not-for-profit organization or a governmental
   organization; or

   (ii) Conducted as a promotional activity by a commercial organization
   and is clearly occasional and ancillary to the primary business of that
   organization.

   (d) For the purposes of paragraph (c) lottery means the pooling of
   proceeds derived from the sale of tickets or chances and allotting
   those proceeds or parts thereof by chance to one or more chance takers
   or ticket purchasers. It does not include the placing or accepting of
   bets or wagers on sporting events or contests.

   (e) For purposes of paragraph (c)(3)(i) of this section, the term
   “not-for-profit organization” means any organization that would qualify
   as tax exempt under section 501 of the Internal Revenue Code of 1986.

   [ 37 FR 3278 , Feb. 12, 1972, as amended at  40 FR 6210 , Feb. 10, 1975;  42 FR 13947 , Apr. 13, 1977;  54 FR 20856 , May 15, 1989;  55 FR 18888 , May 7,
   1990]