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

Yes, you can offer contests that involve push notifications in North Dakota. However, North Dakota law does not specifically address contests involving push notifications. If you plan to offer contests in North Dakota, you must comply with the state’s regulations for fishing contests, as outlined in NDAC Section 30-03-05.

Requirements for Fishing Contests in North Dakota

To hold a fishing contest in North Dakota, you must submit an application for a permit to the game and fish director at least thirty days prior to the start of the contest [2.2]. 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 [2.1].

The application must include information such as 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 [2.2].

After the contest, the permittee must submit a report to the game and fish director within thirty days. The report must include the number of contest participants, the quantity (number and total weight) and species of fish taken in the contest, the gross and net proceeds for the tournament, the percentage of the entry fees paid back to the participants as prizes, and suggested conservation projects for departmental approval [2.4].

Permits may not be issued or may be revoked if the game and fish director believes the fishing contest does not or will not comply with game and fish rules or regulations, or could be harmful to the fishing resource, or that public use facilities such as boat ramps, parking areas, campgrounds, and related facilities are inadequate to support the contest, or the committee or sponsors have failed to submit timely reports [2.7].

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 (must be cash equivalent and cannot include donated merchandise when an entry fee is required). Payback procedures must be stated in the tournament rules and regulations. A minimum of ten percent of the gross proceeds from entry or participation fees is required to be paid as a conservation fee. Contests with no entry fee, but still subject to regulations as defined in subsection 2 of section 30-03-05-01, are required to submit a ten thousand dollar conservation fee unless there is no cash payout associated with the contest, i.e., all prizes are donated merchandise. The conservation fees must be expended on fishery conservation projects or for providing public access to fishing areas and the intended project must be identified on the permit application form. Moneys for fishery conservation or public access projects must be allocated within ninety days after the completion of the tournament. The fishery conservation projects and public access projects must be approved by the game and fish director. The tournament applicant may retain a maximum of fifteen percent of the gross proceeds from entry or participation fees for expenses incurred in putting on the contest [2.5].

Conclusion

In summary, while North Dakota law does not specifically address contests involving push notifications, you can offer contests that involve push notifications in North Dakota. However, you must comply with the state’s regulations for fishing contests, which includes submitting an application for a permit, submitting a post-contest report, and complying with game and fish rules and regulations.

Source(s):
Jurisdiction

North Dakota