![]() The MGC contended that a purchaser receives nothing of value when purchasing the Card, therefore any consideration paid for the Card is actually consideration for an opportunity to play the game. The MGC initially took the position that a distinction exists between games like the Pepsi Cola bottle cap game or the Jitney Jungle “scratch-and-win” game and the TAI Card game, because in the other games the purchaser receives a valuable product or service in exchange for his money and those game pieces are free. Subsequently, TAI filed its Complaint in the lower court seeking declaratory judgment. MGC, through its attorney Carole Brand, responded by letter of March 2, 1995, that it would not issue a formal opinion and provided no additional direction to TAI as to the legality of the Card. This Card was presented to the MGC for a formal opinion as to its legality. ![]() The Card may be torn in half, and the purchaser has the opportunity to win monetary prizes ranging from $1 to $50,000 from the “scratch-and-win” game. #TREASURED ARTS HOW TO#The Card is perforated, with one side containing a “scratch-and-win” game piece and the other written instructions on how to receive a maximum of three minutes long distance phone time through USLD. The long distance talk time is prepaid by TAI and is guaranteed to be provided to the purchaser of the Card. ![]() The Card costs $2 and allows three minutes of long distance telephone talk time with United States Long Distance (USLD), a long distance telephone service provider. TAI sells the Treasured Arts Power Call Card (Card). WHETHER THE TREASURED ARTS POWER CALL CARD IS A LOTTERY UNDER THE LAWS OF MISSISSIPPI. I.i WHETHER CONSIDERATION FOR A CHANCE TO WIN A CASH PRIZE WHEN A CONSUMER PURCHASES LONG DISTANCE TIME IN EXCESS OF THE USUAL VALUE OF THE LONG DISTANCE TIME AND RECEIVES THE CHANCE TO WIN A PRIZE. MGC appeals the ruling of the lower court raising the following issues: On December 27, 1995, the lower court granted TAI's Motion for Summary Judgment relying on Williams Furniture Co. This potential fact issue was resolved when TAI stipulated to the second affidavit for purposes of the Motions for Summary Judgment only. The MGC produced an affidavit showing the price charged by another long distance carrier to be $.45 per unit. TAI submitted an affidavit showing the price it had to pay for each unit was $.66. There was a factual dispute as to what the correct retail value was to be attributed to each per minute unit of long distance time. ![]() Each party filed Motions for Summary Judgment, limiting the issues to whether consideration was being paid for the game piece portion of the product, thereby constituting an illegal lottery under the prior holdings of this Court and the laws of Mississippi. Both products were marketed with a game piece attached that is similar to “scratch-and-win” game pieces distributed as promotional devices by marketers of other products in the state. The lower court was requested to declare that two products, Dinosaur Art Cards and Treasured Art Phone Cards, did not fit the definition of a lottery and are legally marketable in Mississippi. (TAI), as a Complaint for Declaratory Judgment and for Other Relief in the Circuit Court of the First Judicial District of Hinds County, Mississippi on May 22, 1995, against the Mississippi Gaming Commission (MGC). This case was originally filed by Treasured Arts, Inc. Baria, Hubbard Pierce & Baria, Jackson, for appellee. ![]() Tim Waycaster, Waycaster & Warren, Jackson, David W. Stewart Smith, Jr., Joan Myers, Special Asst. Decided: September 11, 1997īefore PRATHER, P.J., and JAMES L. ![]()
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