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Can I offer contests that involve email promotions in Texas? What are the requirements?
Requirements for Contests Involving Email Promotions in Texas
Contests involving email promotions are considered contests other than drawings and are subject to the requirements outlined in Tex. Bus. & Com. Section 621.202 [1.1]. The offeror must maintain records of the identity and address of each person responsible for developing, creating, sponsoring, or implementing any part of the advertising plan or program. Additionally, the offeror must maintain records that show that the winning numbers have been deposited in the mail or otherwise made available to recipients in accordance with the odds statement provided under Section 621.104(a). The offeror must also keep a copy of each contest solicitation and records adequate to determine the name and address of each contestant, the approximate date each contestant was sent the solicitation used in the contest, the number of major prizes awarded, the date each major prize was awarded, the name, brand, type, model number, and manufacturer of each prize offered, the method of computing the retail value of each prize, the method of selecting major prize winners, the name and address of each major prize winner, and the facts on which each representation or disclosure made in connection with the contest was based and from which the validity of the representation or disclosure can be determined.
Conclusion
Based on Tex. Bus. & Com. Section 621.202 [1.1], contests involving email promotions are allowed in Texas, but the offeror must maintain records of various information related to the contest.
Source(s):
Jurisdiction
Texas