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Can I offer contests that involve loyalty programs in North Dakota? What are the requirements?
Based on the additional context documents provided, it appears that contests involving loyalty programs may be permissible in North Dakota under certain circumstances.
Requirements for holding a fishing contest
According to NDAC Section 30-03-05-04, any organization desiring to hold a fishing contest must submit an application for a permit to the game and fish director at least thirty days prior to the start of the contest [1.2]. The application must include information such as the name of the sponsor, location of the waters where the contest is to be held, the dates of the contest, the number of participants expected for the contest, the amount of the entry fee, identification of the intended fishery conservation or public access project, a copy of the tournament regulations, and the name of a person or persons responsible for organizing and conducting the fishing contest [1.2].
Prize restrictions and requirements
Fishing contests held by public-spirited organizations must adhere to certain prize restrictions and requirements, including limitations on cash prizes and requirements for merchandise prizes [2.1]. Prizes must only be cash and must be fifty percent or more of gross proceeds for each single event raffle. However, a single cash prize may not exceed twenty-five thousand dollars and the total cash prizes may not exceed twenty-five thousand dollars during a day [3.1]. Prize payouts must be based on ticket sales and not on cash retained by sellers. The maximum cash prize limits of this section do not apply to a public-spirited organization that supports amateur collegiate athletics. The public-spirited organization’s primary purpose must include support of collegiate athletics [3.1].
Legal guidance
If you are considering offering contests involving loyalty programs in North Dakota, it is recommended that you consult with legal counsel to ensure compliance with all relevant laws and regulations, including those related to fishing contests and prize restrictions [1.2][2.1][3.1].
In summary, contests involving loyalty programs may be permissible in North Dakota under certain circumstances, such as if they are held by a public-spirited organization that supports amateur collegiate athletics and adheres to prize restrictions and requirements. However, it is recommended that you consult with legal counsel to ensure compliance with all relevant laws and regulations.
Source(s):
- [1.2] Application.
- [2.1] Prize restrictions and requirements.
- [3.1] Prize restrictions and requirements.
Jurisdiction
North Dakota