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Can I offer contests that involve email promotions in Colorado? What are the requirements?

To offer contests that involve email promotions in Colorado, you must comply with the general regulations for sweepstakes and contests in Colorado [1.1]. There are no specific regulations in Colorado regarding email promotions. However, all offers and bonuses must include terms and conditions that are full, accurate, clear, concise, transparent, and do not contain misleading information. Advertising materials must include any material terms and conditions for that offer or bonus and have those material terms in close proximity to the headline claim of the offer or bonus and in reasonably prominent size. Offers or bonuses cannot be described as free unless they absolutely are free. If the customer has to risk or lose their own money or has conditions attached to their own money, then the offer or bonus must disclose those terms. Offers or bonuses cannot be described as risk-free if the customer needs to incur any loss or risk their own money to use or withdraw winnings from the risk-free bet. Offers or bonuses cannot restrict the customer from withdrawing their own funds or withdrawing winnings from bets placed using their own funds [2.1].

In addition, if you plan to offer tickets, you must comply with the validation requirements for winning tickets in Colorado. To be a valid winning ticket, all of the following conditions must be met: all printing on the ticket shall be present in its entirety, be legible, and correspond to the Jackpot Gaming System Record; the ticket must be intact; the ticket must not be mutilated, altered, or tampered with in any manner; the ticket must not be counterfeit or an exact duplicate of another winning ticket; the ticket must have been issued by an authorized Jackpot Game Licensee in an authorized manner; the ticket must not have been acquired illegally; the ticket must not have been canceled or previously paid; the ticket must pass all other confidential security checks of the Lottery [3.1][4.1][5.1].

If you plan to offer coupons and free tickets as part of your contests, you must comply with the regulations for promotional opportunities in Colorado. All coupons, when used for promotions, must be given to the consumer or public. At no time may coupons be sold, used to purchase goods or services, pay off Lottery debts, or reimburse a Licensee for any loss. The Director may from time to time authorize the use of bar-coded coupons to promote the Lottery’s products. In the event such use is authorized by the Director, Licensees shall comply with all requirements and restrictions specified on the coupon and shall redeem and exchange bar-coded coupons for the Lottery’s Tickets only and not for cash [3.2][4.2][5.2].

In summary, to offer contests that involve email promotions in Colorado, you must comply with the general regulations for sweepstakes and contests in Colorado and ensure that all offers and bonuses include full, accurate, clear, concise, transparent, and non-misleading terms and conditions. If you plan to offer tickets, you must comply with the validation requirements for winning tickets in Colorado. If you plan to offer coupons and free tickets, you must comply with the regulations for promotional opportunities in Colorado.

Source(s):
Jurisdiction

Colorado