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Can I offer contests that involve mobile apps in Louisiana? What are the requirements?
To offer contests that involve mobile apps in Louisiana, you must comply with the following requirements:
Requirements for Offering Contests in Louisiana
- Disclosure Requirements: Unless written or verbal disclosure is made, it is unlawful to offer a prize or gift to a consumer as part of any advertising or sales promotion plan if the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program [1.1]. The disclosure must contain a full description of the exact prize or gift, all terms and conditions attached to the prize or gift, a statement that the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program, and a full description of the product, real estate, investment, services, membership, or any other item to be offered for sale, including the price of the least expensive and the most expensive item or parcel [1.1].
- Delivery of Prizes: Any prize, gift, or other item offered pursuant to a prize and gift promotional offer must be delivered to the prospective purchaser whether or not he or she purchases the product offered for sale [1.1]. If the prize, gift, or other item is valued at two hundred dollars or less, or is a vacation certificate, it must be delivered on the day the recipient appears to claim it. If the prize, gift, or other item is valued in excess of two hundred dollars or if ordered supplies of the item have been exhausted, a gift voucher describing the item must be offered [1.1].
- Electronic Display of Sweepstakes Winners: If you use a computer or computer system as part of a sweepstakes promotion, it shall be used only to allow a person to enter their name and contact information for the purpose of entering into the sweepstakes promotion and to display the following information: rules that govern the sweepstakes promotion, identity and contact information of the persons providing, conducting, and offering the sweepstakes promotion, any prize that may be won during the sweepstakes promotion and the monetary value of such prize, odds of winning a prize in the sweepstakes promotion, laws that govern the operation of sweepstakes promotions, any jurisdiction that does not allow the sweepstakes promotion, and the name or names of the sweepstakes promotion winner, after such winner has been revealed in accordance with the provisions of R.S. 51:1726. The revealing of a sweepstakes promotion winner, the revealing of a sweepstakes prize, or the revealing of a sweepstakes prize value cannot be linked to or associated with the play or simulation of play of an electronic game or similar contest on a computer, computer system, or any other electronic system [1.3].
- Application Requirements: The securing of a license, permit, or approval required under the Act is a prerequisite for conducting, operating, or performing any activity regulated by the Act. Each applicant must file a complete application as prescribed by the board or division. An applicant for a license or permit authorized by the Act is seeking the granting of a privilege, and the burden of proving qualification and suitability to receive the license or permit is at all times on the applicant. Applicants shall demonstrate experience, reputation, competence, and financial responsibility consistent with the best interest of the Louisiana gaming industry and in compliance with the laws of this state [2.3].
Conclusion
To offer contests that involve mobile apps in Louisiana, you must comply with the disclosure requirements, delivery of prizes, electronic display of sweepstakes winners, and application requirements. [1.1][1.3][2.3]
Source(s):
- [1.1] Promotional contests; prerequisites for lawful promotion
- [1.3] Electronic display of sweepstakes winners
- [2.3] Applications
Jurisdiction
Louisiana