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Can I offer contests that involve non-cash prizes in West Virginia? What are the requirements?
Offering Contests with Non-Cash Prizes in West Virginia
Yes, you can offer contests that involve non-cash prizes in West Virginia. The West Virginia Code allows prizes to be money, real or personal property, or merchandise other than beer, wine, spirits, or alcoholic liquor [2.3]. The value assigned to merchandise prizes is their fair market value at the time of purchase [1.1][2.3].
Requirements for Conducting Bingo Occasions or Raffle
If you plan to conduct a bingo occasion or raffle, the average total prizes awarded may not exceed ten thousand dollars in value, whether in cash or merchandise [1.1]. If you conduct a bingo occasion at the West Virginia state fair, any proceeds allowed by the state fair board to be paid to or retained by persons who conduct bingo occasions at the state fair are deemed to be expenses incurred by the state fair board [2.1][2.2].
Requirements for Operating West Virginia Lottery Sports Wagering or Interactive Wagering
If you plan to operate West Virginia Lottery sports wagering or West Virginia Lottery interactive wagering, you must hold a valid racetrack video lottery license issued by the commission or a valid license to operate a gaming facility, issued by the commission, and otherwise meet the requirements for licensure under the provisions of the article and the rules of the commission [4.1][4.2].
Requirements for Licensed On-line Bingo and Raffles
On-line bingo may be conducted by any organization licensed to conduct bingo under the provisions of W. Va. Code §47-20-1, et seq., and all laws and legislative rules relating to the conduct of bingo shall apply equally to the conduct of such on-line games. On-line raffles may be conducted by any organization licensed to conduct raffles under the provisions of W. Va. Code §47-21-1, et seq., and all laws and legislative rules relating to the conduct of raffles shall apply equally to the conduct of such on-line games [1.2].
In summary, you can offer contests that involve non-cash prizes in West Virginia as long as the prizes are not beer, wine, spirits, or alcoholic liquor, and the value assigned to merchandise prizes is their fair market value at the time of purchase. If you plan to conduct a bingo occasion or raffle, the average total prizes awarded may not exceed ten thousand dollars in value. If you plan to operate West Virginia Lottery sports wagering or West Virginia Lottery interactive wagering, you must hold a valid license and meet the requirements for licensure under the provisions of the article and the rules of the commission. On-line bingo and raffles may be conducted by any organization licensed to conduct bingo or raffles under the provisions of W. Va. Code §47-20-1, et seq. and W. Va. Code §47-21-1, et seq., respectively.
Source(s):
- [1.1] Limits on prizes awarded.
- [2.1] Proceeds of state fair.
- [2.2] State fair raffle license; rules and regulations.
- [2.3] Limits on prizes awarded – General provisions.
- [4.1] Operator license; West Virginia sports wagering operators.
- [4.2] Licenses required.
- [1.2] Licensed on-line bingo and raffles
Jurisdiction
West Virginia