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Can I offer contests that involve push notifications in Tennessee? What are the requirements?
Contest Requirements in Tennessee
In Tennessee, contests that involve push notifications are subject to certain requirements. The Tennessee Code Annotated (TCA) does not have specific provisions for push notification contests, but there are general requirements that apply to all contests.
According to TCA § 47-18-104, all contests must disclose the rules, terms, and conditions of the contest, including the method of selecting winners and the criteria for winning. The disclosure must be made in a clear and conspicuous manner and must be provided to all participants before they enter the contest.
Additionally, TCA § 47-18-109 requires that all prizes be awarded as advertised or announced. If the contest involves a prize that is not awarded as advertised, the sponsor of the contest may be subject to civil penalties.
Unsolicited Electronic Advertising
It is important to note that Tennessee has regulations regarding unsolicited electronic advertising, including email. TCA § 47-18-2501 prohibits the sending of unsolicited advertising material by email unless the sender establishes a toll-free telephone number or return email address that allows the recipient to opt-out of receiving further unsolicited emails. The subject line of each message must also include “ADV:” as the first four characters if the message contains unsolicited advertising material.
Applicability to regulated utilities
It is important to note that TCA § 47-18-1903 exempts regulated utilities from the requirements of this part. This means that if you are a regulated utility, you may not be subject to the contest requirements outlined above.
Conclusion
In summary, contests that involve push notifications in Tennessee must disclose the rules, terms, and conditions of the contest and award prizes as advertised. Additionally, any unsolicited electronic advertising must comply with the regulations set forth in TCA § 47-18-2501. However, if you are a regulated utility, you may not be subject to these requirements.
Jurisdiction
Tennessee