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

Based on the additional context documents, it appears that contests involving text message promotions are allowed in Idaho as long as certain requirements are met.

Disclosure Requirements in Gift Promotions (Rule 81)

According to Rule 81, it is an unfair and deceptive act or practice for a seller to offer any goods or services as an inducement to a consumer to attend an in-person sales presentation or contact the seller by telephone or by mail, unless the offer clearly and conspicuously discloses in writing all of the following:

  • Name and Address of the seller [2.1]
  • Purpose of Contact [2.1]
  • Odds of receiving each good or service offered [2.1]
  • All restrictions, qualifications, and other conditions that must be satisfied before the consumer is entitled to receive the good or service [2.1]
  • Verifiable Retail Value of each good or service the consumer has been offered, awarded, or may be awarded [2.1]
  • No Purchase Necessary [2.1]
  • All other rules, terms and conditions of the offer, plan, or program [2.1]

No Purchase Required for Chance Promotions (Rule 80)

Rule 80 states that it is an unfair and deceptive act or practice for a seller to offer, initiate, promote, or solicit participation in any kind of game of chance, contest, sweepstakes, or promotion in which goods or services are distributed by random or chance selection that requires any kind of entry fee, service charge, purchase, payments to information providers, or other obligation in order to enter or participate in the promotion or receive any of the offered awards, prizes, or gifts [2.2]. However, negative option membership plans operated in compliance with the Federal Trade Commission Rule on Use of Negative Option Plans by Sellers in Commerce (16 C.F.R. Section 425) are exempt from Rule 80 [2.2].

Raffles - Duck Races (IDST 67-7710)

It is lawful for any charitable or nonprofit organization to conduct raffles in accordance with the provisions of this chapter [4.1]. Any charitable or nonprofit organization or any person that conducts a raffle in violation of any provision of this chapter may be assessed a civil penalty not in excess of ten thousand dollars ($10,000) per violation [4.1]. Additionally, any person knowingly conducting a raffle in violation of any provision of this chapter or rule of the state lottery commission may be charged under the gambling laws of the state contained in chapter 38, title 18 , Idaho Code, and may be assessed a civil penalty by the lottery not in excess of ten thousand dollars ($10,000) per violation [4.1].

Based on the above context documents, it is recommended that you consult with a legal professional to determine the specific requirements and regulations related to contests involving text message promotions in Idaho.

Source(s):
Jurisdiction

Idaho