Ask Reggi Your Question Now
Can I offer contests that involve text message promotions in Florida? What are the requirements?
Requirements for Text Message Promotions in Florida
Based on the provided context documents, there are specific regulations and requirements for promotions and advertising in Florida, including text message promotions.
According to [3.1], any person who intends to conduct a game promotion in Florida, including electronic promotions such as text message promotions, shall file with the Department of Agriculture and Consumer Services. The filing requirements include submitting the Game Promotion Filing Packet and, if applicable, a Statement of Trust Account.
Additionally, [1.2] outlines the minimum targeted VAP advertising/merchandising activity requirements for promotions, which include feature ads and expanded displays. To qualify, ads must feature Florida-grown citrus products only.
It is recommended that you consult with a legal expert to ensure that your text message promotion complies with all relevant regulations and requirements in Florida.
General Requirements for Promotions and Advertising in Florida
- All promotions established by a participant require 10 days lead time [1.1].
- No promotion shall begin until the retailer has signed a Targeted Value-Added Promotion Program Agreement Form [1.1].
- To be eligible under the program, product advertised or merchandised in the United States and Canada must be identified as follows: Fresh citrus fruit promotional activities must be identified with one or more of the following: the word “Florida” or the name of a Florida citrus production area defined in Section 601.091, F.S., or; separate and apart from a brand name a registered certification mark of the Florida Department of Citrus [2.1].
- Only the advertising and merchandising of Florida-grown grapefruit which enters the primary channel of trade for use in fresh form, and upon which excise taxes have been paid pursuant to Section 601.15, F.S., will qualify under this program [1.3].
- The program is designed to help improve grower returns through increased FOB pricing by providing support to Florida citrus shippers, sales agencies and grower’ cooperatives that wish to establish agreements with targeted retailers for the advertising and merchandising of fresh Florida grapefruit taxed under Section 601.15(3), F.S. [1.5].
Please note that this information is based on the provided context documents and may not be exhaustive. It is recommended that you consult with a legal expert to ensure that your promotion complies with all relevant regulations and requirements in Florida.
[1.1]: Florida Administrative Code, Rule 5J-14.002 [1.2]: Florida Administrative Code, Rule 20-48.006 [2.1]: Florida Administrative Code, Rule 20-48.001 [3.1]: Florida Administrative Code, Rule 5J-14.003 [1.3]: Florida Administrative Code, Rule 20-48.003 [1.5]: Florida Administrative Code, Rule 20-48.005
Source(s):
- [1.1] Program Requirements
- [1.2] Qualification of Advertising/Merchandising
- [2.1] Product Eligibility
- [3.1] Filing Requirements
- [1.3] Product Eligibility
- [1.5] Purpose of Program
Jurisdiction
Florida