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Can I offer contests that involve push notifications in Colorado? What are the requirements?
Offering Contests with Push Notifications in Colorado
Based on the information provided in the Colorado Revised Statutes (CORS) Part 8, sweepstakes and contests are regulated in Colorado to prevent deceptive practices and ensure that consumers are provided with all relevant information necessary to make an informed decision concerning sweepstakes and contests [1.1].
According to the definitions provided in CORS 6-1-802, a contest is defined as any game, puzzle, competition, or plan that holds out or offers to prospective participants the opportunity to receive or compete for gifts, prizes, or gratuities as determined by skill or any combination of chance and skill [1.3].
There are no specific provisions in the CORS that prohibit offering contests that involve push notifications. However, it is important to note that any contest offered in Colorado must comply with the requirements set forth in CORS Part 8.
To ensure compliance with CORS Part 8, the sponsor of the contest must provide all relevant information necessary to make an informed decision concerning the contest. This includes providing official rules in contrasting typeface at least ten-point type, and a “no purchase necessary message” in bold-faced type and at least ten-point type [1.1][1.3].
Additionally, the sponsor must not make any misleading or deceptive prize promotions and must not use specially selected language to create the impression of requiring or allowing the person to purchase any goods or services or pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize [1.3].
Furthermore, according to CORS 6-1-803, no sponsor shall require a person to pay the sponsor money or any other consideration as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain a prize or information about a prize. The sponsor must also not represent that a person has won or unconditionally will be the winner of a prize or use language that may lead a person to believe he or she has won a prize, unless certain conditions are met [1.2].
In summary, offering contests that involve push notifications in Colorado is allowed as long as the contest complies with the requirements set forth in CORS Part 8 and CORS 6-1-803. The sponsor must provide all relevant information necessary to make an informed decision concerning the contest, including official rules and a “no purchase necessary message,” and must not make any misleading or deceptive prize promotions.
Source(s):
- [1.1] Legislative finding, declaration, and intent.
- [1.2] Prohibited practices and required disclosures.
- [1.3] Definitions.
Jurisdiction
Colorado