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Can I offer contests that involve text message promotions in Hawaii? What are the requirements?
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Requirements for Text Message Promotions in Hawaii
To offer contests that involve text message promotions in Hawaii, you may need to obtain a commercial use permit from the Hawaii Technology Development Corporation [3.1]. The permit is required for any person engaging in commercial activities of any kind and is subject to terms, conditions, and fees set by the authority [3.1]. Applicants must meet certain criteria to qualify for a commercial use permit, including being a duly organized business in good standing in the State of Hawaii or an individual over the age of eighteen, holding a current Hawaii state general excise tax license, holding a current Hawaii state tax clearance certificate, and submitting an application for a permit at least forty-five days prior to the requested permit commencement date [3.1].
Additionally, if the promotion involves multiple commodities or a single event, such as trade shows, sales missions, and individual retail promotional sales, the chairperson may permit up to one hundred per cent financing by the department [1.1]. However, any request for product promotion funds must conform to the requirements set forth in subsection (b) of HIAR 4-54-3, which includes a proposed promotion program plan, estimated cost, and proposed financing of the program, among other data relevant to the request [1.2].
It is important to note that the Hawaii Technology Development Corporation provides grants to small businesses for optimizing research and development activities performed in the State of Hawaii under the terms and conditions provided in HIAR 15-38-4 [2.3]. Grants may be used by any recipient for product development that enables a qualified Hawaii-based small business to achieve significant product development and technical milestones [2.3]. However, grants shall not be used by any recipient for entertainment or lobbying activities or payment for goods or services for which moneys were granted under the Hawaii small business innovation research and small business technology transfer program pursuant to section 206M-15, HRS, the alternative energy research and development program pursuant to Act 67, Session Laws of Hawaii 2018, or the manufacturing development program pursuant to section 206M-15.1, HRS [2.3].
Therefore, to offer contests that involve text message promotions in Hawaii, you may need to obtain a commercial use permit from the Hawaii Technology Development Corporation and ensure that the promotion does not violate the terms and conditions of any grants received under the Hawaii research and development program [3.1][2.3].
Source(s):
- [1.1] Non-matching promotions
- [3.1] Permit for commercial activities
- [2.3] Grants; purpose; use of
- [1.2] Procedures for requesting promotion assistance
Jurisdiction
Hawaii