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

Contests and Text Message Promotions in Louisiana

Louisiana law regulates sweepstakes promotions and electronic display of sweepstakes winners [1.1]([1.2]:)[1.3]. Sweepstakes promotions are defined as any game, contest, or other offering where entry into the game, contest, or other offering, whether allowed gratuitously or through a bargained-for exchange, is offered in connection with the promoting or advertising of any one of the following: a business or an extension thereof, a product, an investment opportunity, a charitable contribution, or a service [1.1]([1.2]:).

According to Louisiana law, the Department of Justice, office of attorney general, shall regulate sweepstakes promotions provided for in this Section [1.1]([1.2]:). However, there is no specific mention of text message promotions in the context of sweepstakes promotions.

Prerequisites for Lawful Promotion

Louisiana law requires that any person, firm, or corporation offering a prize or gift to a consumer as part of any advertising or sales promotion plan must make written or verbal disclosure to the consumer at the time he is notified of the prize or gift [1.2]. The disclosure must contain a full description of the exact prize or gift tendered to the consumer, including its cash value, all terms and conditions attached to the prize or gift, and a statement that the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program [1.2].

Conclusion

Based on the available information, it is unclear whether offering contests that involve text message promotions in Louisiana is allowed or not. However, Louisiana law requires that any person, firm, or corporation offering a prize or gift to a consumer as part of any advertising or sales promotion plan must make written or verbal disclosure to the consumer at the time he is notified of the prize or gift [1.2]. It is recommended to consult with a legal expert or the Department of Justice, office of attorney general, for further guidance.

[1.3]:

Source(s):
Jurisdiction

Louisiana