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

Contests that involve text message promotions in Tennessee

Based on the Tennessee Coupon Sales Promotion Act of 1980, there are specific requirements for coupon sales promotions in Tennessee. However, there is no specific mention of text message promotions or contests in the act. Therefore, it is unclear whether there are any specific requirements for offering contests that involve text message promotions in Tennessee ^[1.1].

However, promoters are prohibited from misrepresenting that a survey, test, contest, or research project is being conducted when the principal objective is to sell coupons or coupon books or to obtain prospects for coupon sales ^[1.1]. Additionally, all coupons, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description of the goods, services, or discount privileges which the sponsor will provide in exchange for the coupon ^[1.1].

Furthermore, the Regulation of unsolicited electronic advertising in Tennessee prohibits sending unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit unless that person or entity shall establish a toll-free telephone number or return e-mail address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents ^[3.1].

Therefore, if you plan to offer contests that involve text message promotions in Tennessee, you should ensure that the promotion is not misrepresented as a survey, test, contest, or research project when the principal objective is to sell coupons or coupon books or to obtain prospects for coupon sales. Additionally, you should ensure that all coupons clearly and conspicuously set forth the name and business address of the coupon sponsor and a specific description of the goods, services, or discount privileges which the sponsor will provide in exchange for the coupon.

Moreover, you should establish a toll-free telephone number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or e-mail to notify the sender not to e-mail any further unsolicited documents ^[3.1].

In conclusion, while there are no specific requirements for offering contests that involve text message promotions in Tennessee, you should ensure that your promotion complies with the requirements of the Tennessee Coupon Sales Promotion Act of 1980 and the Regulation of unsolicited electronic advertising in Tennessee.

^[1.1]: Tennessee Coupon Sales Promotion Act of 1980 ^[3.1]: Regulation of unsolicited electronic advertising in Tennessee

Source(s):

• [1.1] Agreement between promoter and sponsor — Terms and conditions.
• [3.1] Regulation of unsolicited electronic advertising — Falsification of electronic mail transmission information prohibited — Institution of actions and damages.

Jurisdiction

Tennessee

• Gaming