Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Text Message Promotions in Kentucky

Kentucky has specific regulations regarding text message promotions. The Kentucky Attorney General’s office has issued an opinion stating that text message promotions are subject to the same laws and regulations as other forms of advertising and promotions [1.1].

To conduct a text message promotion in Kentucky, you must comply with the following requirements:

  1. Obtain the recipient’s consent: You must obtain the recipient’s express consent before sending any text message promotions. The consent must be obtained in writing or electronically and must include a clear and conspicuous disclosure of the terms and conditions of the promotion [1.1].
  2. Disclose the rules: You must disclose the official rules of the promotion, including any restrictions or limitations, in a clear and conspicuous manner [1.1].
  3. Provide opt-out instructions: You must provide clear and conspicuous instructions on how to opt-out of receiving future text message promotions [1.1].
  4. Comply with federal regulations: You must comply with all federal regulations regarding text message promotions, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act [1.1].

Harness Racing Events at County Fairs

According to KYRS 230.398, all sums reported and paid to the racing commission under the provisions of KRS 230.361 to 230.373 by any licensee conducting a harness race meeting shall be used by it for purses at harness racing events at county fairs within the Commonwealth of Kentucky that have been licensed and approved by it. The racing commission shall have the authority to promulgate administrative regulations as may be necessary for the conduct of these races [2.1].

Award of Simulcasting and Intertrack Wagering Dates

KYRS 230.377 states that a track may apply to the racing commission for simulcasting and intertrack wagering dates. Applications shall be submitted in accordance with KRS 230.300. The racing commission shall not approve the establishment or relocation of a receiving track within a radius of seventy-five (75) miles of a race track duly licensed as of July 15, 1992, without the prior written consent of the licensed track within whose seventy- five (75) mile radius the new receiving track would be located. On or before November 1 of each year, the racing commission shall meet and award intertrack wagering dates to all tracks for the entire succeeding calendar year [2.2].

Conclusion

To offer contests that involve text message promotions in Kentucky, you must obtain the recipient’s consent, disclose the rules, provide opt-out instructions, and comply with federal regulations. It is important to note that text message promotions are subject to the same laws and regulations as other forms of advertising and promotions. Additionally, according to KYRS 230.398, funds reported and paid to the racing commission by any licensee conducting a harness race meeting shall be used for purses at harness racing events at county fairs within the Commonwealth of Kentucky that have been licensed and approved by it. Furthermore, KYRS 230.377 states that a track may apply to the racing commission for simulcasting and intertrack wagering dates. The racing commission shall meet and award intertrack wagering dates to all tracks for the entire succeeding calendar year.

Source(s):
Jurisdiction

Kentucky