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Can I offer contests that involve text message promotions in Arkansas? What are the requirements?
Based on the context documents, there are specific regulations in Arkansas regarding promotions and inducements.
Requirements for Text Message Promotions in Arkansas
If you plan to offer contests that involve text message promotions in Arkansas, you must comply with the following requirements:
- You must provide all relevant information necessary to make an informed decision concerning sweepstakes, contests, and prize promotions [4.1].
- You must not conduct false or misleading advertising in any form about the Arkansas Scholarship Lottery or lottery games [5.1].
- You must not induce persons to play lottery games by extending credit or by providing financial assistance, alcohol, or any other compensation [5.1].
- You must not use the logo, trademark, or other advertising materials of the Arkansas Lottery Commission without prior written permission or authorization of the Commission unless the materials have been provided to the retailer by the Commission [5.1].
- You must not charge a player to either play a lottery game, nor charge any fees or impose any requirements to redeem a valid winning ticket [5.1].
- You must not sell tickets or shares after commencement of drawing for that particular lottery or after the end date of that game as announced by the Director [5.1].
- You must not advertise that controlled beverages are available for purchase in conjunction with a monetary rebate or give the impression that upon purchase of a controlled beverage the consumer will be entitled to a monetary refund or cash rebate from said retailer or wholesaler [3.1].
Additionally, if you plan to use Electronic Message Devices (EMD) to promote your contest, you must comply with the regulations set forth in ARAR 001.01.2-7 [2.1]. Signs that contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, including animated parts or scrolling messages or images, are prohibited, with the exception of those giving public service information such as time, date, temperature, and weather and/or similar information as approved by the Department.
Exemptions
This chapter does not apply to sponsors of prize promotions where all prizes are awarded absolutely for free and there is no opportunity for the payment of money from the person to the sponsor or any agent of the sponsor [4.2].
Source(s):
- [2.1] Electronic Message Devices (Emd).
- [3.1] Advertising or Providing Refunds or Rebates or Other Inducements by Arkansas Wholesalers and Retailers.
- [4.1] Legislative finding, declaration, and intent.
- [4.2] Exemptions.
- [5.1] Retailer Prohibitions
Jurisdiction
Arkansas