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Can I offer contests that involve merchandise prizes in Oklahoma? What are the requirements?
Requirements for Offering Contests with Merchandise Prizes in Oklahoma
Based on the information available in the context documents, it appears that contests involving merchandise prizes are allowed in Oklahoma, but there are certain requirements that must be met.
- The contest must not be considered gambling under Oklahoma law. According to [2.5]" >3A OKST 201, bingo faces, U-PIK-EM bingo game sets, or breakopen ticket cards that are not purchased from a licensed distributor are considered contraband, unless certain exceptions apply. Therefore, it is important to ensure that the contest does not fall under the definition of gambling in Oklahoma law.
- The contest must comply with the Oklahoma Charity Games Act. According to [2.5]" >3A OKST 401, the Oklahoma Charity Games Act regulates the conduct of charitable gaming in the state. The act requires that organizations obtain a license or exemption to conduct charitable gaming, and sets forth various requirements for the conduct of such gaming.
- Prizes must be awarded in accordance with Oklahoma law. According to [1.1]" >OKAC 429:10-1-7, retailers are required to pay prizes $600.00 or under during their normal business hours. For prizes greater than $600, claimants must be provided with OLC claim forms or directed to an authorized claim center. Retailers are not allowed to charge any player or claimant a fee for selling a ticket, validating a winning ticket, paying a winning ticket, verifying a non-winning ticket, providing a claim form, or for any other assistance not authorized by OLC.
- The contest must comply with any other applicable laws and regulations. For example, if the contest involves the sale of merchandise, the contest must comply with any applicable sales tax laws.
- The value of prizes must not exceed the limitations set forth in Oklahoma law. According to [2.1]" >3A OKST 419, in the conducting of a bingo game or a U-PIK-EM bingo game, not more than a total of Six Thousand Dollars ($6,000.00) in cash or any other thing of value shall be paid out during a day session or a night session. The ABLE Commission may, in its discretion, raise the limit to an amount not to exceed Twelve Thousand Dollars ($12,000.00) for an individual organization licensee. Any person may protest the raising of the limit by filing a written and signed protest with the Commission. Such total shall include awards for winning the game, and all other cash or other thing of value given or awarded during the session.
Conclusion
Based on the information available in the context documents, contests involving merchandise prizes are allowed in Oklahoma, but there are certain requirements that must be met. These requirements include ensuring that the contest does not constitute gambling under Oklahoma law, complying with the Oklahoma Charity Games Act, awarding prizes in accordance with Oklahoma law, complying with any other applicable laws and regulations, and ensuring that the value of prizes does not exceed the limitations set forth in Oklahoma law.
It is important to note that the above requirements are not exhaustive, and there may be additional requirements that must be met depending on the specific details of the contest.
Source(s):
- [1.1] Payment of prizes
- [2.1] Limitations on Value of Prizes - Purchase Price - Type of Game Pieces
- [2.5] Game Pieces Defined as Contraband - Exceptions - Forfeiture and Destruction
Jurisdiction
Oklahoma