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Can I offer contests that involve free entry in Florida? What are the requirements?
Based on the additional context documents, here is the refined response to your query:
Contests with Free Entry in Florida
In Florida, contests with free entry are allowed as long as they comply with certain requirements. The Florida Statutes do not define a contest, but they do regulate sweepstakes and games of chance. A sweepstake is a promotion that awards prizes to participants selected at random, while a game of chance is a promotion that awards prizes based on chance.
To offer a contest with free entry in Florida, you must ensure that:
- The contest is not a game of chance: If the contest involves chance, it may be considered illegal gambling under Florida law. Therefore, the contest must be based on skill, knowledge, or some other non-chance factor.
- The contest is not a sweepstake: If the contest is a sweepstake, it must comply with Florida’s sweepstakes laws. For example, the sponsor must not require participants to make a purchase or pay any money to enter the sweepstake.
- The contest rules are clear and concise: The contest rules must be easy to understand and should include all the necessary information, such as the eligibility criteria, the prize(s), the method of entry, and the deadline for entry.
- The contest is not misleading: The sponsor must not make any false or misleading statements about the contest or the prize(s).
- The contest is not discriminatory: The sponsor must not discriminate against any participant based on their race, gender, religion, or any other protected characteristic.
Requirements
If the contest involves a prize worth more than $5,000, the sponsor must register the contest with the Florida Department of Agriculture and Consumer Services. The registration process involves submitting a registration form and paying a fee. The sponsor must also comply with any other applicable laws and regulations.
Advertising and Promotion
The Florida Lottery allows promotions that involve the dispensing of lottery tickets free of charge [2.3]. However, the lottery tickets cannot be sold to persons under the age of 18 [2.1].
Conclusion
In summary, you can offer contests with free entry in Florida as long as they comply with the requirements mentioned above. If the prize is worth more than $5,000, you must register the contest with the Florida Department of Agriculture and Consumer Services. Additionally, if you plan to offer lottery tickets as prizes, you must ensure that they are not sold to persons under the age of 18.
Source(s):
- [2.1] Prohibition against sale of lottery tickets to minors; posting of signs; penalties.
- [2.3] Advertising and promotion of lottery games.
Jurisdiction
Florida