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

Email Promotions and Contests in Oregon

Oregon has specific laws and regulations regarding promotions and contests that involve email. The following are the requirements for offering email promotions and contests in Oregon:

  1. No Purchase Necessary: Oregon law requires that promotions and contests must be open to all individuals, regardless of whether they make a purchase or not. [1.3]
  2. Disclosure Requirements: The Director of the Oregon State Lottery may require any degree or type of disclosure necessary of the applicant or any other person in order to ensure the fairness, integrity, security, and honesty of the Lottery. An applicant must disclose to the Lottery all information required by the Director. [1.3]
  3. Authorization and Consent: An applicant must provide an authorization, signed by the applicant, to investigate the applicant and written consent to allow the examination of all accounts and records to be considered by the Director to be material to the application. [1.3]
  4. Compliance Required: An applicant’s failure to comply with any application or disclosure requirement may be grounds for denial or rejection of the application. [1.3]
  5. Material Change: An applicant must immediately report to the Lottery, in writing, any material changes to the application during the application process. [1.3]
  6. Waiver: In submitting an application, the applicant expressly waives any claim against the State of Oregon, its agents, officers, employees, and representatives, and the Oregon State Lottery, its Director, agents, officers, employees, and representatives for damages that may result. [1.3]
  7. Video Lottery Retailer Application Requirements: If the director or director’s designee has reason to believe an applicant is not a viable business without selling Video Lottery or would otherwise not meet the casino prohibition criteria in OAR 177-040-0061, the director or director’s designee may require the applicant to operate the business continuously for up to six months prior to the date the application process is initiated. [1.5]

Based on the above requirements, it is possible to offer email promotions and contests in Oregon, but it is important to comply with all applicable laws and regulations. It is recommended to consult with a legal professional to ensure compliance with all requirements.

Additionally, it is important to note that lottery retailers are prohibited from conducting second chance drawings for prizes which require the use of a non-winning Oregon Lottery ticket or share as an entry into a drawing conducted or operated by the retailer. [1.2]

If you plan to offer a raffle, you must obtain a raffle license from the Oregon Department of Justice. The application for a raffle license must include the name, address, and telephone number of the organization, a statement of the purposes for which the money received from the raffle games will be used, and the full names and addresses of the responsible officials of the organization. [2.1]

To be eligible to receive any promotional reward, giveaway, or any other item of value offered in a Lottery promotion, or to participate in a Player Loyalty Program, a person must meet certain requirements, including being a natural person 18 years of age or older, unless a specific promotion or Player Loyalty Program requires the entrant to be 21 years of age or older. [3.1]

Therefore, to answer your question, you can offer contests that involve email promotions in Oregon, but you must comply with the requirements mentioned above, obtain a raffle license if necessary, and ensure that any promotions or giveaways comply with the eligibility requirements for Lottery promotions.

Source(s):
Jurisdiction

Oregon