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Can I offer contests that involve text message promotions in Alabama? What are the requirements?

Offering Contests with Text Message Promotions in Alabama

Based on the additional context provided, it is possible to offer contests that involve text message promotions in Alabama. However, there are certain requirements that must be met.

Alabama law does not specifically address text message promotions. However, fantasy contests offered pursuant to Alabama law do not constitute a lottery or gift enterprise [3.1]. Therefore, it is possible to offer text message promotions as part of a fantasy contest in Alabama.

If the text message promotion involves an entry fee, the operator must implement commercially reasonable procedures to ensure compliance with Alabama law [3.2]. These procedures include verifying that the participant is 19 years of age or older, preventing the operator and employees from competing in any public fantasy contest offered by any fantasy contest operator in which the operator offers a cash prize to the general public, and preventing sharing of confidential information that could affect fantasy contest play with third parties until information is made publicly available.

Additionally, the operator must not target minors or other excluded players in any advertising [3.2][4.1].

If the text message promotion does not involve an entry fee, there are no specific requirements under Alabama law. However, the promotion must comply with all applicable federal laws and regulations.

In summary, it is possible to offer contests that involve text message promotions in Alabama, but certain requirements must be met. If the promotion involves an entry fee, the operator must implement commercially reasonable procedures to ensure compliance with Alabama law. If the promotion does not involve an entry fee, it must comply with all applicable federal laws and regulations.

[3.1]: ALCA 8-19F-9 [3.2]: ALCA 8-19F-4 [4.1]: ALAC Section 20-7-9, 20-X-7-.09

Source(s):
Jurisdiction

Alabama