Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I offer contests that involve social media promotions in Louisiana? What are the requirements?

Yes, you can offer contests that involve social media promotions in Louisiana. However, there are specific regulations that must be followed.

According to Louisiana Revised Statutes (LARS) § 51.1726, the winner of any sweepstakes promotion shall be revealed in only one of the following manners:

  1. Through posting on a printed list.
  2. Through the use of scratch-off tickets or cards.
  3. Through the use of pull-tab tickets or cards.
  4. By contacting the winner in writing or through telephone communication.

Additionally, the Department of Justice, office of attorney general, shall regulate sweepstakes promotions provided for in this Section and the electronic display of sweepstakes winners as provided for in LARS § 51.1727.

Regarding electronic display of sweepstakes winners, LARS § 51.1727 states that a computer or computer system that is used as part of a sweepstakes promotion shall be used only to allow a person to enter their name and contact information for the purpose of entering into the sweepstakes promotion and to display specific information such as rules, identity and contact information of the persons providing, conducting, and offering the sweepstakes promotion, any prize that may be won during the sweepstakes promotion and the monetary value of such prize, odds of winning a prize in the sweepstakes promotion, laws that govern the operation of sweepstakes promotions, any jurisdiction that does not allow the sweepstakes promotion, and the name or names of the sweepstakes promotion winner, after such winner has been revealed in accordance with the provisions of R.S. 51:1726.

There are no specific regulations that prohibit contests that involve social media promotions in Louisiana. However, it is important to ensure that any such contests comply with the regulations set forth in LARS § 51.1726 and LARS § 51.1727.

Additionally, LARS § 51.1721 outlines the prerequisites for lawful promotion of promotional contests. It is unlawful for any person, firm, or corporation to offer in writing a prize or gift to a consumer as part of any advertising or sales promotion plan, if, in order to claim the prize or gift, the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program. Such disclosure must be provided to the consumer at the time he is notified of the prize or gift. The disclosure must contain a full description of the exact prize or gift tendered to the consumer, including its cash value, all terms and conditions attached to the prize or gift, a statement that the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program, and a full description of the product, real estate, investment, services, membership, or any other item to be offered for sale, including the price of the least expensive and the most expensive item or parcel.

Furthermore, LARS § 51.1725 states that no person or entity shall solicit an individual by mail to participate in a contest unless such solicitation contains either of the following:

  1. A statement of the odds that a participant making a single entry in such contest has of winning each item offered as a gift, prize, or thing of value.
  2. A statement that the odds depend upon the number of entries received.

In summary, you can offer contests that involve social media promotions in Louisiana as long as they comply with the regulations set forth in LARS § 51.1726, LARS § 51.1727, and LARS § 51.1721. Additionally, if you are soliciting individuals by mail to participate in a contest, you must comply with the regulations set forth in LARS § 51.1725. It is recommended to consult with a legal professional to ensure compliance with any other applicable laws and regulations. [1.2][1.4][2.1]

Source(s):
Jurisdiction

Louisiana