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

(1)

Prohibitions: A retailer must 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.

(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 insuring 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 LotterySM player for the purpose of playing Lottery games. An example of providing financial assistance to a Video LotterySM 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.

Source: Rule 177-040-0055 — Advertising Lottery Games and Inducements to Play, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=177-040-0055.

177–040–0000
Definitions 177–040–0001
General Application Requirements 177–040–0003
Application for Temporary Lottery Retailer Contract 177–040–0005
Criteria Precluding Entering Into a Contract 177–040–0010
Personal Criteria Which May Be Grounds for Denial of a Lottery Retailer Contract or a Key Person 177–040–0017
Additional Video Lottery Retailer Application Requirements and Lottery Authority to Prevent and Resolve Concentrations 177–040–0024
Compensation Rate Study for Video Lottery Retailers 177–040–0025
Retailer Compensation — Traditional Lottery Games 177–040–0026
Retailer Compensation — Video Lottery Games 177–040–0030
Retailer Cash Deposit or Bond 177–040–0049
Video Lottery Terminal Management During State of Emergency 177–040–0050
Retailer Duties 177–040–0051
Designated Employees and Payment of Prizes 177–040–0052
Non-Sufficient Funds 177–040–0055
Advertising Lottery Games and Inducements to Play 177–040–0061
Casino Prohibition 177–040–0070
Retailer Wheelchair Accessibility Program 177–040–0105
Change Location 177–040–0110
Contract Non-Transferable 177–040–0115
Underage Seller 177–040–0120
Subsequent Application 177–040–0125
Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person 177–040–0130
Adding a Location 177–040–0160
Suspension of OLCC License 177–040–0180
Notice Requirement 177–040–0200
Lottery Retailer Second Chance Drawings 177–040–0300
Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations 177–040–0310
Alternative Dispute Resolution Policy 177–040–0320
Alternative Dispute Resolution Process
Last Updated

Jun. 8, 2021

Rule 177-040-0055’s source at or​.us