(a) Definitions.
  (1) Newspaper--a printed periodical that is distributed at daily, weekly, bi-weekly or monthly intervals that contains news, articles of opinion, features, and advertising.
  (2) Radio station--a licensed transmission station whose programming is broadcast over AM or FM waves or is transmitted by cable or satellite systems and can be listened to via a radio or a home computer.
  (3) Television station--a licensed transmission station whose programming is broadcast over HF, VHF waves or is transmitted via a cable or satellite system and is viewable by television or a home computer.
  (4) Advertising agency--a commercial operation involved with the design and sale of various advertisements and promotional concepts including promotional bingo to attract the public's attention on the behalf of another business.
(b) Restrictions.
  (1) A player of a promotional bingo game cannot be required to provide personal information beyond name and contact information, money, goods, or services in order to receive playing materials or to participate in any facet of the game.
  (2) A player of a promotional bingo game cannot be required to incur conditions or obligations such as requiring a purchase, providing an interview, attending a sales seminar, or posing for a photograph in order to receive playing materials or to participate in any facet of the game.
  (3) A person whose identification is required to be disclosed on a Texas bingo license record may not:
    (A) be involved in the conduct of a promotional bingo game;
    (B) have any ownership, serve on the board of directors, or have any role in the sales, marketing, or advertising of the business conducting the promotional game;
    (C) have any ownership or serve on the board of directors of the advertising agency hired by the business conducting the promotional game or serve in any role for the advertising agency related to the sales, marketing, or advertising for the business conducting the promotional game; and
    (D) have any ownership or serve on the board of directors of the newspaper, radio or television station assisting the business conducting the promotional game or serve in any role for the newspaper, radio, or television station related to the sales, marketing, or advertising for the business conducting the promotional game or the advertising agency.
(c) Notification.
  (1) A business wishing to conduct promotional bingo must provide to the Commission 30 days prior to the start of the game:
    (A) notification on a completed, prescribed form;
    (B) copy of the rules for the game; and
    (C) copy of the bingo card to be used or an example of the bingo card to be used and the licensed manufacturer's name, if applicable.
  (2) The commission will issue a Recognition of Exemption Notice for Promotional Bingo Games letter to the business filing the prescribed form to conduct the exempt promotional bingo game.
(d) Record Keeping. Records of the transactions connected with the game must be maintained for a period of 4 years from the conclusion of the authorized promotional bingo game.

Source Note: The provisions of this §402.212 adopted to be effective March 9, 2010, 35 TexReg 1998