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Can I offer contests that involve push notifications in Florida? What are the requirements?

Requirements for Contests Involving Push Notifications in Florida

Based on the provided documents, there are no specific regulations or requirements for contests involving push notifications in Florida. However, if the contest falls under the category of a game promotion, it must comply with the filing requirements outlined in FLREG 5J-14.003.

According to FLREG 5J-14.003, any person who intends to conduct a game promotion in Florida, including electronic promotions, shall file with the Department of Agriculture and Consumer Services. The filing packet can be obtained from the Department of Agriculture and Consumer Services or accessed online.

Additionally, if the contest involves a prize, it must comply with the regulations outlined in FLREG 53ER23-15 for the FLORIDA LOTTO game. This rule describes the Draw Game, FLORIDA LOTTO, and provides definitions for terms used in the game.

However, if the contest is part of the Value-Added Promotions Program, the product advertised or merchandised in the United States and Canada must be identified as follows [2.1]:

  • Fresh citrus fruit promotional activities must be identified with one or more of the following: the word “Florida” or the name of a Florida citrus production area defined in Section 601.091, F.S., or; separate and apart from a brand name a registered certification mark of the Florida Department of Citrus.
  • Processed citrus fruit products promoted must be licensed to use either the Florida Sunshine Tree certification mark or Florida’s Seal of Approval certification mark, and actually bear one or both of these marks. Juice squeezed from Florida citrus fruit on the premises of a retail or food service outlet must be identified with the word “Florida.”
  • To be eligible under this program, fresh and processed product advertised or merchandised outside the domestic market must be produced in Florida or made wholly from Florida grown product and the promotional activities must clearly identify the promoted product as from Florida.

Therefore, it is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations, including the Value-Added Promotions Program.

Conclusion

There are no specific regulations or requirements for contests involving push notifications in Florida. However, if the contest falls under the category of a game promotion, it must comply with the filing requirements outlined in FLREG 5J-14.003. Additionally, if the contest involves a prize, it must comply with the regulations outlined in FLREG 53ER23-15 for the FLORIDA LOTTO game. If the contest is part of the Value-Added Promotions Program, the product advertised or merchandised must comply with the requirements outlined in FLREG 20-81.002. It is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Source(s):
Jurisdiction

Florida