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Can I offer contests that involve email promotions in Florida? What are the requirements?
Requirements for Offering Contests with Email Promotions in Florida
If you are planning to offer contests that involve email promotions in Florida, you need to comply with certain requirements. Here are some of the key requirements:
- Registration: If the total prize value of your contest is more than $5,000, you need to register your contest with the Florida Department of Agriculture and Consumer Services (FDACS) [2].
- No Purchase Necessary: You cannot require participants to make a purchase or pay a fee to enter your contest. If your contest involves a game of chance, you need to ensure that it is a sweepstakes and not a lottery, as lotteries are illegal in Florida [1]([2]:).
- Official Rules: You need to create official rules for your contest and make them available to participants. The rules should include eligibility criteria, entry methods, prize details, and any other relevant information [4]([5]:).
- Privacy Policy: You need to have a privacy policy that explains how you will use the personal information of participants [5].
- Email Marketing Regulations: You need to comply with the federal CAN-SPAM Act and other email marketing regulations when sending promotional emails to participants [5].
It is important to note that these requirements are not exhaustive, and you may need to comply with additional regulations depending on the nature of your contest. Therefore, it is recommended that you consult with a legal professional to ensure that your contest complies with all applicable laws and regulations.
Source(s):
- [1] Fake Prize, Sweepstakes, and Lottery Scams | Consumer Advice
- [2] Game Promotions/Sweepstakes / Business Services / Home …
- [4] Games of Chance Registration | Department of State
- [5] 17 Ideas for Marketing a Seasonal Business in the Off-Season | U.S. …
Jurisdiction
Florida