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Can I offer contests that involve email promotions in Illinois? What are the requirements?
Requirements for Offering Contests with Email Promotions in Illinois
Illinois law allows for contests and sweepstakes that involve email promotions, but there are certain requirements that must be met.
To offer contests that involve email promotions in Illinois, you must comply with the rules and regulations promulgated by the Department of the Lottery, make the official rules of the promotion available to participants, and include certain statements in the official rules, as required by the Illinois Administrative Code.
The Illinois Administrative Code provides that contests and sweepstakes that involve email promotions must comply with certain requirements, including but not limited to:
- The official rules of the contest or sweepstakes must be made available to participants and must include the terms and conditions of the promotion, including the eligibility requirements, the method of entry, the prizes, the odds of winning, and the date and time of the drawing [11 ILAC 1770.145].
- The official rules must also include a statement that no purchase is necessary to enter or win the contest or sweepstakes [11 ILAC 1770.145].
- The official rules must include a statement that the promotion is void where prohibited by law [11 ILAC 1770.145].
- The official rules must include a statement that the promotion is in no way sponsored, endorsed, or administered by, or associated with, the email service provider [11 ILAC 1770.145].
- The official rules must include a statement that the email service provider is not liable for any aspect of the promotion, including but not limited to the administration of the promotion, the selection of winners, or the distribution of prizes [11 ILAC 1770.145].
Note that the Illinois Promotional Advertising of Prizes Act applies to written promotional prize offers and requires certain disclosures to be made in a clear and conspicuous statement at the onset of the offer [815 ILCS 525/25]. However, this Act does not apply to the State lottery created and regulated under the Illinois Lottery Law [815 ILCS 525/35].
In summary, to offer contests that involve email promotions in Illinois, you must comply with the rules and regulations promulgated by the Department of the Lottery, make the official rules of the promotion available to participants, and include certain statements in the official rules, as required by the Illinois Administrative Code.
Note that this response is based on the available context documents and may not be exhaustive. It is recommended that you consult with a legal professional for specific guidance on your situation.
[11 ILAC 1770.145]: [815 ILCS 525/25]: [815 ILCS 525/35]:
Jurisdiction
Illinois