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Can I offer contests that involve free entry in West Virginia? What are the requirements?

Requirements for Offering Contests with Free Entry in West Virginia

If you plan to offer a contest with free entry in West Virginia, you must comply with the state’s rules and regulations.

According to West Virginia law, contests with free entry are commonly referred to as raffles [1.1]. To offer a raffle with free entry in West Virginia, you must meet the following requirements:

  1. Obtain a state fair raffle license or a charitable raffle license, depending on the type of raffle you plan to hold [1.1][3.1].
  2. If applying for a state fair raffle license, ensure that the person(s) conducting the raffle have conducted raffle occasions on a regular basis for at least one year prior to the date of the state fair board’s application [1.1].
  3. Pay a license fee of $500 to the Tax Commissioner for the state fair raffle license or the charitable raffle license [1.1][3.1].
  4. Include a copy of any lease or agreement entered into between the state fair board or its licensee and the applicant in the license application [1.1][3.1].
  5. Adopt reasonable rules and regulations to govern the holding of raffle occasions at the state fair or by the charitable organization, respectively [1.1][3.1][3.2].

It is important to note that West Virginia law prohibits the solicitation of gifts or donations during the conduct of a raffle occasion [3.2].

If you plan to offer a contest with free entry that does not meet the definition of a raffle, you should consult with a legal professional to ensure that you are in compliance with all applicable laws and regulations.

Additional Information

  • The net proceeds of any raffle game which accrue to the West Virginia state fair are considered used for charitable or public service purposes [1.2].
  • Online bingo and raffles may be conducted by any organization licensed to conduct bingo or raffles under the provisions of West Virginia law [4.1].
  • Wholesalers or distributors supplying charitable raffle boards or games to retailers in West Virginia must be registered to do business in the state [5.2].

I hope this information helps!

Source(s):
Jurisdiction

West Virginia