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

Requirements for Text Message Promotions in New Mexico

If you plan to offer contests that involve text message promotions in New Mexico, you must comply with the following requirements:

  1. Disclosures: You must make the following disclosures clearly and conspicuously in each and every representation made in connection with the game promotion, including all advertising and promotional literature:
  2. The number of prizes to be awarded in each category or denomination, and a complete description of all prizes, including the exact monetary amount of cash prizes. If a prize is to be shared in the event of multiple winners, that fact should be disclosed, as well as the method by which the allocation will be made, and the approximate amount of the reduced share.
  3. The odds of winning each stated prize. This information should be based on statistics on actual numbers of participants in prior similar game promotions, if available; or upon a reasonable estimate of anticipated participation in the promotion. If the promotion has multiple stages, the odds of reaching each stage should be disclosed.
  4. The total amount of consideration necessary in order to be eligible for the first prize in each category or denomination. If the promotion has multiple stages, each involving separate consideration, the amounts involved should be totaled to reflect the full consideration which would be required by a participant were he successful at each stage.
  5. The manner in which winners in each category or denomination shall be selected.
  6. The complete name and address of the sponsor, user or promoter. Where there is a national sponsor, user or promoter as well as local retail outlets through which the game promotion is operated, only the name and address of the national sponsor, user or promoter need be stated in national advertisements or representations, although the local retail outlets should be described or identified if possible. Both the national and local sponsors must be identified in local advertising.
  7. The geographic area covered.
  8. The opening date and scheduled termination date.
  9. The scheduled announcement date of the winners and the date and manner of award of prizes.
  10. Athletic competition or other sports events, pari-mutuel betting, booths at fairs or competition whose entrants are judged on the results of their skilled efforts at raising animals, training dogs, growing flowers, baking cakes, creating arts and crafts or other endeavors are not considered game promotions and are not subject to the above requirements [1.1].
  11. Variance: If you need to vary limited provisions of the New Mexico Bingo and Raffle Rules 15.4 NMAC, you may seek a variance [2.1].
  12. Regulatory Agencies: Representatives of appropriate New Mexico state agencies shall be allowed access to all areas on the fairgrounds for monitoring and regulations compliance purposes. These agencies include, but are not limited to, the following: New Mexico environment department, New Mexico state fire marshal, New Mexico construction industries division, New Mexico safety counseling, law enforcement agencies, New Mexico state fair management and concession department employees [3.1].
  13. Issuing Agency: The Office of the New Mexico Attorney General, Consumer Protection Division, Post Office Drawer 1508, Santa Fe, New Mexico 87504-1508 is the issuing agency for game promotions [1.2].

Based on the above requirements, you may offer text message promotions in New Mexico as long as you comply with the necessary disclosures and other regulations.

Source(s):
Jurisdiction

New Mexico