Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Based on the documents provided, it is possible to offer contests that involve email promotions in New Mexico. However, there are certain requirements that must be met in order to comply with the law.

Requirements for Contests in New Mexico

According to [1.1], any game promotion that requires consideration in order to participate must make certain disclosures in each and every representation made in connection with the game promotion. These disclosures include:

  • The number of prizes to be awarded in each category or denomination, and a complete description of all prizes, including the exact monetary amount of cash prizes.
  • The odds of winning each stated prize.
  • The total amount of consideration necessary in order to be eligible for the first prize in each category or denomination.
  • The manner in which winners in each category or denomination shall be selected.
  • The complete name and address of the sponsor, user or promoter.
  • The geographic area covered.
  • The opening date and scheduled termination date.
  • The scheduled announcement date of the winners and the date and manner of award of prizes.

Additionally, [1.1] specifies that game promotions shall not include athletic competition or other sports events, pari-mutuel betting, booths at fairs or competition whose entrants are judged on the results of their skilled efforts at raising animals, training dogs, growing flowers, baking cakes, creating arts and crafts or other endeavors.

Email Promotions

There are no specific requirements for email promotions in New Mexico. However, [3.1] requires small loan businesses operating one or more marketing site(s) to provide all mandatory disclosures and consumer information as required by Subsection C of 12.18.3.8 NMAC and Subsection A of 12.18.4.8 NMAC to consumers. The required disclosures and consumer information shall be easily accessible to consumers to review on a New Mexico specific web page maintained by the small loan company. The small loan company must ensure active links to the New Mexico specific web page are included on all company marketing sites utilized for loans made to borrowers in New Mexico.

Conclusion

Based on the documents provided, it is possible to offer contests that involve email promotions in New Mexico. However, it is important to comply with the requirements set forth in [1.1] for game promotions and [3.1] for small loan businesses operating marketing sites.

Source(s):
Jurisdiction

New Mexico