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Can I offer contests that involve text message promotions in Montana? What are the requirements?
Based on the documents provided, it appears that Montana has specific regulations regarding contests and promotions.
Requirements for Contests and Promotions in Montana
Montana law does not specifically address text message promotions. However, contests and promotions fall under the category of “prize promotions” and are subject to certain disclosure and contract requirements [4.1].
When contacting a consumer, a seller or telemarketer must promptly disclose in a clear and conspicuous manner the identity of the seller or telemarketer, that the purpose of the call is to sell goods or services, the nature of the goods or services, and that a purchase or payment is not necessary to be able to win a prize or participate in a prize promotion [4.1].
Prior to requesting any payment from the consumer, a seller or telemarketer must disclose in a clear and conspicuous manner the total cost of the goods or services, all material restrictions, limitations, and conditions pertaining to the purchase of the goods or services, and the odds of being able to receive the prize or, if the odds are not calculable in advance, the factors used in calculating the odds [4.1].
In addition, a seller or telemarketer may not misrepresent any material aspect of a prize promotion, including but not limited to the nature or value of the prize or that a purchase or payment is required to win a prize or to participate in a prize promotion [4.1].
Authorization of Sports Wagering
Montana law authorizes sports wagering and ancillary activities in the state when conducted in accordance with the provisions of the law and rules of the commission [2.1].
Conclusion
Based on the documents provided, it is unclear whether text message promotions are allowed in Montana. However, if you plan to offer a contest or promotion in Montana, you must comply with the state’s disclosure and contract requirements. Additionally, if you plan to offer sports wagering, you must comply with the provisions of the law and rules of the commission.
Source(s):
Jurisdiction
Montana