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 Tennessee? What are the requirements?

Based on the context documents, it is possible to offer contests that involve email promotions in Tennessee. However, there are certain requirements that must be met.

Requirements for Offering Contests that Involve Email Promotions in Tennessee

  1. Compliance with TNCO 47-18-2501: No person or entity conducting business in Tennessee shall send by email or cause to be emailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit unless that person or entity shall establish a toll-free telephone number or return email address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents. Upon notification by a recipient of the recipient’s request not to receive any further unsolicited e-mailed documents, no person or entity conducting business in Tennessee shall e-mail or cause to be e-mailed, any unsolicited documents to that recipient. [1.1]
  2. Compliance with TNRR Section 1360-05-01-.01 and TNRR Section 1360-05-02-.01: Business entity filers submitting business formation documents and annual reports must provide a valid email address at the time of filing. The Division of Business Services will periodically send reminders and notifications to the email address provided. If a business entity does not utilize email due to religious or accessibility reasons, it must file a paper exemption form with the Division of Business Services at the time of filing the business formation documents or submission of the annual report noting the business entity’s religious or accessibility objection to utilizing email. [2.1][4.1]
  3. Compliance with TNCO 47-25-801, TNCO 47-25-803, TNCO 47-25-804, and TNCO 47-25-806: If the contest involves coupons, the promoter must have a prior contract or agreement in writing with the coupon sponsor. A copy of such contract shall be furnished to the sponsor at the time of its execution, and shall set forth all terms and conditions under which coupons obligating the sponsor may be published, distributed, or sold. The coupon must clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description of the goods, services, or discount privileges which the sponsor will provide in exchange for the coupon, the hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor, the expiration date of the coupon, and all purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor. The promoter shall not represent, either directly or by implication, that the number of coupons presented to the sponsor for redemption will be less than the total number of coupons printed, sold, or distributed, or make any promises or representation inconsistent with or contrary to the terms of the written contract between the promoter and sponsor. Within ten (10) days after the promotion ending date or ten (10) days after all coupons have been sold or otherwise distributed, whichever occurs first, the promoter shall inform the sponsor in writing of the total number of coupons sold or distributed, and remit all funds owed to the sponsor from coupon sales under the terms of their agreement. [3.1][3.2][3.4][3.5]

Therefore, if you plan to offer contests that involve email promotions in Tennessee, you must ensure that you comply with the above requirements.

Source(s):
Jurisdiction

Tennessee