Can I offer contests that involve referral bonuses in Florida? What are the requirements?

Yes, you can offer contests that involve referral bonuses in Florida, but there are certain requirements that must be met.

Filing Requirements [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 a Game Promotion Filing Packet. The packet includes a Game Promotion Agreement, which must be signed by the sponsor and the administrator of the promotion. The agreement must include the following information:

• The estimated number of participants
• The estimated value of all prizes
• The rules of the promotion
• The method of selecting winners
• The dates of the promotion
• The method of awarding prizes
• The name and address of the sponsor and the administrator
• The name and address of the person responsible for the promotion

Vendors; disclosure and contract requirements [FLCL 24.111]

If the promotion involves the purchase of goods or services, the sponsor must enter into a contract with a vendor. The Department of Lottery may enter into contracts for the purchase, lease, or lease-purchase of such goods or services as are necessary for effectuating the purposes of the act. In all procurement decisions, the department shall take into account the particularly sensitive nature of the state lottery and shall consider the competence, quality of product, experience, and timely performance of the vendors in order to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objective of raising net revenues for the benefit of the public purpose described in this act.

The department shall investigate the financial responsibility, security, and integrity of each vendor with which it intends to negotiate a contract for major procurement. Such investigation may include an investigation of the financial responsibility, security, and integrity of any or all persons whose names and addresses are required to be disclosed. Any person who submits a bid, proposal, or offer as part of a major procurement must, at the time of submitting such bid, proposal, or offer, provide a disclosure of the vendor’s name and address and, as applicable, the name and address and any additional disclosures necessary for an investigation of the financial responsibility, security, and integrity.

Proof of Performance; Claim for Payment [FLREG 20-81.005]

Any claim from participant for support from Department shall be on Value-Added Promotion Program Agreement/Invoice form furnished by the Department. Claims shall be in sufficient detail to allow for proper post audit and pre-audit thereof and shall have the following items attached:

• Proof that product promoted is eligible product as provided in Rule 20-81.002, F.A.C.
• Proof of advertising or merchandising activities for Florida and/or Florida Quality products described in VAP Agreement such as photos, tear sheets, slicks, scripts, station affidavits or other competent proof that performance was rendered.

Therefore, to offer contests that involve referral bonuses in Florida, the sponsor must file a Game Promotion Filing Packet with the Department of Agriculture and Consumer Services, enter into a contract with a vendor, and provide proof of performance.

Note that the documents provided do not specify any additional requirements for contests that involve referral bonuses.

Jurisdiction

Florida

• Gaming