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

Contests involving email promotions in New York

In New York, contests involving email promotions are subject to certain requirements. The following are the relevant regulations:

• According to 9 NYCRR 5005.4, subscription applications must include the applicant’s identifying information, including identifying information for each member of a group applicant. If an application is submitted without complete applicant identifying information, the commission may seek additional information from the applicant. Regardless of whether the applicant responds with additional information requested by the commission, the application may, nevertheless, be accepted if there is sufficient information to identify by name at least one individual applicant or one individual member of a group applicant.
• 9 NYCRR 5014.2 outlines the requirements for a courier service license application. An applicant for a courier service license shall file an application in a form provided by the commission. An applicant shall have an ongoing duty to supplement such application as may be necessary to maintain updated information and accuracy. In addition to other requirements the commission may establish, such application shall describe how the audit and financial controls, technical standards and internal controls proposed for applicant’s network will comply with the requirements of this Title.
• 9 NYCRR 5014.3 outlines the conditions and requirements of licensure for courier services. A courier service shall, as a condition of licensure, display prominently on its platform a warning of the risk of being defrauded by lottery scams and information on playing responsibly, which information shall be substantially similar to the information displayed on the New York Lottery website or such other information approved by the commission. A courier service shall also maintain a courier customer self-exclusion list and provide a mechanism for courier customers to register through the network to exclude themselves from using the network. Such list shall include any person who appears on a statewide exclusion list maintained by the commission. A courier service shall ensure to the satisfaction of the commission that any courier customer placed on the self-exclusion list is prevented from requesting tickets through the network. The network shall include a daily courier customer request limit of an amount approved by the commission, which may provide that prize amounts of $600 or less awarded to a courier customer and credited to the courier customer’s account may be excluded from the daily request limit. The courier service shall maintain a courier customer and ticket management system that includes a secure database of all tickets requested through the network. The courier service shall not use trademarks or other marks owned or controlled by the commission or any multi-state lottery consortium except with the express approval of the commission. The courier service shall offer for delivery only games approved by the commission for delivery by such licensee. The courier service shall provide courier customer support, for purposes of responding to courier customer inquiries and disputes, in a manner approved by the commission.

Based on the above regulations, it is unclear whether there are specific requirements for contests involving email promotions in New York. Therefore, we cannot provide a definitive answer to your query.

Jurisdiction

New York

• Gaming