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

Email Promotions in Wisconsin

In Wisconsin, offering contests that involve email promotions is allowed, but there are certain requirements that must be met.

According to ATCP 127.36(2), in a mail transaction, no seller may use a prize promotion that violates s. 100.171, Stats. This means that any email promotion must comply with s. 100.171, which outlines the requirements for prize promotions in Wisconsin.

Under s. 100.171(1)(b)2.c, a notice given in the form of an in-pack chance promotion is exempt from certain requirements if it meets the requirements of s. 100.16(2). This means that if the email promotion meets the requirements of s. 100.16(2), it may be exempt from certain requirements.

S. 100.16(2) outlines the requirements for in-pack chance promotions. These requirements include:

• The promotion must be conducted by chance
• The promotion must be clearly and conspicuously disclosed on the package or container
• The promotion must not require any additional payment or consideration
• The promotion must not be conducted in a way that is misleading or deceptive

Additionally, under ATCP 127.32, any seller offering or promoting the sale of consumer goods or services must disclose the name of the principal seller, the nature of the goods or services being offered or promoted, and that the seller is offering or promoting the sale of consumer goods or services.

Therefore, if you plan to offer contests that involve email promotions in Wisconsin, you must ensure that the promotion complies with s. 100.171 and s. 100.16(2), and that you disclose the necessary information under ATCP 127.32.

Jurisdiction

Wisconsin

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