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Can I offer contests that involve email promotions in Indiana? What are the requirements?
Based on the documents provided, it appears that Indiana has regulations regarding promotions and contests.
To answer your question, yes, you can offer contests that involve email promotions in Indiana, but there are requirements that must be met.
Requirements for Promotions in Indiana
Applicability of Article [IC 24-8-1-1]
This article applies to a promotion offer made by a person in Indiana or to a person in Indiana.
“Promotion” defined [IC 24-8-2-5]
“Promotion” means a written notice offering property or a chance to obtain property to a person based on a representation that the person has been awarded or may have been awarded a prize.
Names and addresses [IC 24-8-3-2]
The notice must contain the name and address of the promoter and the sponsor of the promotion.
Applicability of chapter to certain book, record, video, and magazine promotions [IC 24-8-3-10]
Sections 3, 5, and 7 of this chapter shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise.
Presentation of winning ticket necessary [IC 24-8-3-9]
If prizes will not be awarded or given if a winning ticket, token, number, lot, or other device used to determine winners in a particular promotion is not presented to a promoter or a sponsor, this fact must be clearly stated in the notice.
Disclosure of prizes [IC 24-8-4-1]
Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive.
Substitutions for unavailable prizes; applicability to certain book, record, video, and magazine promotions [IC 24-8-5-1]
Subsection (b) of this section shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise.
Conclusion
To offer contests that involve email promotions in Indiana, you must comply with the requirements outlined in the documents provided. These requirements include providing a notice with the name and address of the promoter and sponsor, disclosing the prize, and stating whether a winning ticket or device is necessary to claim the prize. Additionally, if the promotion is for books, records, videos, or magazines, the person must have the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise.
Jurisdiction
Indiana