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

Requirements for Offering Contests with Text Message Promotions in California

If you are planning to offer contests that involve text message promotions in California, you must comply with the following requirements:

  1. No purchase necessary: You cannot require participants to make a purchase or pay any fee to enter the contest [3].
  2. Age restriction: The contest must be limited to individuals who are 21 years of age or older [3].
  3. No consumption of alcoholic beverages: The contest cannot involve the consumption of alcoholic beverages by a participant [3].
  4. No benefit to permanent retail licensee: The contest cannot be conducted for the benefit of any permanent retail licensee [3].
  5. No entry fee: No entry fee may be charged to participate in a sweepstake [3].
  6. Compliance with COPPA: If the contest is directed at children under the age of 13, you must comply with the Children’s Online Privacy Protection Act (COPPA) [2].
  7. Compliance with advertising laws: You must comply with advertising laws and have proof to back up express and implied claims that consumers take from an ad [4].
  8. Record-keeping: You must keep records of the contest for three years following the completion of the contest [3][5].

Conclusion

To summarize, if you plan to offer contests that involve text message promotions in California, you must ensure that you comply with the above requirements. Additionally, you must keep records of the contest for three years following its completion.

Source(s):
Jurisdiction

California