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Can I offer contests that involve free entry in Kansas? What are the requirements?
Free Contests in Kansas
In Kansas, contests that involve free entry are allowed as long as they do not fall under the definition of a lottery. According to Kansas Statutes Annotated 74-8702, a lottery is defined as “any scheme for the distribution of prizes by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such prize.” Therefore, if the contest does not require any valuable consideration, it is not considered a lottery and is legal in Kansas.
However, it is important to note that certain types of contests may still be subject to other laws and regulations. For example, contests that involve skill or knowledge may be subject to consumer protection laws and regulations. Additionally, contests that involve minors may be subject to additional restrictions and requirements.
It is recommended that you consult with a legal professional to ensure that your contest complies with all applicable laws and regulations in Kansas.
[KSST 74-8702]
State Fairgrounds and Buildings
The state fairgrounds and buildings located thereon are held by the state of Kansas as a state fairgrounds, and for other authorized uses. The state fair board may direct, regulate, lease and control the use of the fairgrounds, and the buildings located thereon, in the conducting and operating of a state fair. When use of the fairgrounds, and the buildings located thereon, is not deemed necessary for use for fair purposes, the state fair board may enter into a contract, lease or agreement permitting the use of all or a portion of such fairgrounds, or buildings located thereon, for such uses and on such terms and conditions as may be agreed upon. Such contract, lease or agreement shall be in writing. In the event such contract, lease or agreement involves a use in which two or more persons or firms are known to be interested, then the contract, lease or agreement shall be awarded by the director of purchases pursuant to the provisions of article 37 of chapter 75 of the Kansas Statutes Annotated.
[KSST 2-202]
Unlawful Acts
It shall be unlawful for any person, corporation or association, or for any corporate entity other than the state fair board, to hold or conduct a state fair in Kansas or to hold or conduct any exhibition or display of any livestock or agricultural products under a designation, publicity or advertisement as a state fair. A violation of this section shall constitute a misdemeanor.
[KSST 2-201]
Conclusion
In summary, you can offer contests that involve free entry in Kansas as long as they do not fall under the definition of a lottery. However, certain types of contests may still be subject to other laws and regulations. Additionally, if you plan to hold the contest at the state fairgrounds or buildings located thereon, you must obtain permission from the state fair board. It is recommended that you consult with a legal professional to ensure that your contest complies with all applicable laws and regulations in Kansas.
[KSST 74-8702][KSST 2-202][KSST 2-201]
Jurisdiction
Kansas