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

Based on the provided context documents, it appears that offering contests that involve text message promotions in Massachusetts is not explicitly addressed. However, there are regulations related to promotional offers and prizes that must be followed.

Promotional Offers

According to 940 CMR 34.09, DFSOs must fully and accurately disclose the material terms of all promotional offers at the time such offers are advertised and provide full disclosures of the terms of and limitations on the offer before the DFS Consumer provides anything of value in exchange for the offer. If the material terms of a promotional offer cannot be fully and accurately disclosed within the constraints of a particular advertising medium, the promotional offer may not be advertised in that medium.

Prizes

940 CMR 6.08 outlines requirements for offering prizes in conjunction with a sales presentation or promotional contest. The seller must clearly and conspicuously identify the prize in the advertisement and disclose the value of the prize. The seller must also disclose any material conditions or limitations imposed by the seller as a prerequisite to receipt of or on the use of the prize.

Based on the above regulations, it is recommended that any contests involving text message promotions in Massachusetts comply with the requirements outlined in 940 CMR 34.09 and 940 CMR 6.08. It is also recommended to consult with a legal professional to ensure full compliance with all relevant regulations.

Therefore, it is possible to offer contests that involve text message promotions in Massachusetts, but it is important to comply with the regulations related to promotional offers and prizes.

Jurisdiction

Massachusetts

• Gaming