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Can I offer contests that involve mobile apps in North Dakota? What are the requirements?
Based on the provided context documents, it appears that contests involving mobile apps are not explicitly mentioned. However, the regulations do provide guidelines for fishing contests and raffles.
To determine if a mobile app contest is allowed in North Dakota, the organization must first determine if they are eligible to hold a contest. According to NDAC Section 30-03-05-02, only nonprofit veterans, charitable, education, religious, and fraternal organizations, civic and service clubs, and public-spirited organizations, as those organizations are defined in North Dakota Century Code chapter 53-06.1 will be issued permits to hold fishing contests.
If the organization is eligible, they must then follow the guidelines outlined in NDAC Section 99-01.3-05-03 for prize restrictions and requirements. The prize must be an item that may be legally owned and possessed and has a value or a right to a free service. A winning player may not be required to first pay for or buy something to receive a prize. Cash or merchandise prizes may be awarded. A cash prize may be based on a percentage of gross proceeds. However, a single cash prize cannot exceed twenty-five thousand dollars and the total cash prizes cannot exceed twenty-five thousand dollars during a day.
Additionally, NDAC Section 30-03-05-03 outlines the use of proceeds for fishing contests. A minimum of seventy-five percent of any entry or participation fee paid by the contestants for fishing activities must be returned to the contestants as cash or merchandise. A minimum of ten percent of the gross proceeds from entry or participation fees is required to be paid as a conservation fee.
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. Information on the application must include 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.
Based on the provided context documents, it is unclear if there are any specific requirements for contests involving mobile apps. It is recommended that the organization consult with legal counsel to ensure compliance with all applicable laws and regulations.
Therefore, the answer to the query is: it is unclear if contests involving mobile apps are allowed in North Dakota. The organization must determine if they are eligible to hold a contest and follow the guidelines outlined in the regulations for prize restrictions, use of proceeds, and permit application.
Jurisdiction
North Dakota