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

Text message promotions in Indiana

Indiana has specific laws and regulations regarding promotions and contests. In general, promotions that involve text messages are allowed in Indiana, but there are certain requirements that must be met.

Requirements for text message promotions

To conduct a text message promotion in Indiana, the following requirements must be met:

  1. Disclosure of prizes: Before the promotion begins, the promoter must inform the person of the prize, if any, the person will receive [1.4].
  2. Statement of verifiable retail value of prizes: The notice must state the verifiable retail value of each prize a participant has been awarded or may have been awarded [1.6].
  3. Presentation of winning ticket necessary: If prizes will not be awarded or given if a winning ticket, token, number, lot, or other device used to determine winners in a particular promotion is not presented to a promoter or a sponsor, this fact must be clearly stated in the notice [1.5].
  4. Applicability of article: The promotion offer must be made by a person in Indiana or to a person in Indiana [1.2].
  5. Substitutions for unavailable prizes: If the prize described in the promotion is not available, the person who is to receive the prize shall be given the option of choosing one of the following: a prize of equal or greater value, the verifiable retail value of the prize in cash or by a valid check, or a voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the person within thirty days at no cost to the person [1.1].
  6. Applicability of chapter to certain book, record, video, and magazine promotions: Sections 3, 5, and 7 of this chapter shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven days and the right to obtain a full refund for the return of undamaged merchandise [1.3].

Conclusion

In summary, text message promotions are allowed in Indiana, but promoters must comply with the requirements outlined in the relevant laws and regulations. These requirements include disclosure of prizes, statement of verifiable retail value of prizes, presentation of winning ticket necessary, applicability of article, substitutions for unavailable prizes, and applicability of chapter to certain book, record, video, and magazine promotions.

Source(s):
Jurisdiction

Indiana