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

Requirements for Offering Text Message Promotions in South Dakota

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

1. Obtain a License: You must obtain a license from the South Dakota Lottery Commission to conduct a text message promotion ^[1].
2. No Personal Information Collection: You cannot collect personal information about participants unless they voluntarily provide it ^[2].
3. Consent to Post or Publish Names and Photographs: You must obtain consent from participants to post or publish their names and photographs if they win the contest. Identifying information collected from participants will be used solely for the purpose of contacting the winners ^[5].
4. Comply with Advertising Rules: You must comply with advertising rules set by the Federal Communications Commission (FCC) ^[4].

Conclusion

To offer contests that involve text message promotions in South Dakota, you must obtain a license from the South Dakota Lottery Commission, comply with advertising rules set by the FCC, and obtain consent from participants to post or publish their names and photographs if they win the contest. Additionally, you cannot collect personal information about participants unless they voluntarily provide it.

Source(s):

• [1] Codified Law 37-32-1 | South Dakota Legislature
• [2] %kb_name - %short_descr - South Dakota Retirement System
• [4] The Public and Broadcasting | Federal Communications Commission
• [5] SDDOT Snowplow Naming Contest - South Dakota Department of …

Jurisdiction

South Dakota

• Gaming