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

Based on the provided context documents, it is possible to offer contests that involve text message promotions in Vermont, but there are certain requirements that must be met.

Requirements for Contests in Vermont

According to VTCR 06-031-003 § 109.01, it is considered an unfair and deceptive trade act and practice in commerce for any person to solicit any other person to engage in any kind of game of skill, contest, sweepstakes, giveaway or other promotion which:

• is deceptive or misleading as to chances of winning, the number of winners, the value of the prizes, or the availability of the prize;
• requires any kind of entry fee, service charge, purchase or similar consideration in order to enter or to continue to remain eligible; or,
• uses publications, literature, written or verbal promotion that is false, deceptive or misleading.

Therefore, any text message promotion must not be deceptive or misleading, must not require any kind of entry fee or purchase, and must not use false or misleading promotions.

Registration and Fees

Additionally, according to 9 VTST 4189, any business organization offering a fantasy sports contest to consumers in Vermont must file an annual registration with the Secretary of State on a form adopted for that purpose and pay an annual registration fee of $5,000.00.

Fair and Truthful Advertising

Furthermore, according to 9 VTST 4187, any advertisement to consumers in Vermont must not depict minors, students, schools or colleges, or school or college settings, and must not state or imply endorsement by minors, collegiate athletes, colleges, or college athletic associations. The advertisement must also include information concerning assistance available to problem gamblers, or direct consumers to a reputable source of that information. Any representations concerning winnings must be accurate, not misleading, and capable of substantiation at the time of the representation.

Conclusion

In summary, it is possible to offer contests that involve text message promotions in Vermont, but they must comply with the requirements outlined in VTCR 06-031-003 § 109.01, 9 VTST 4189, and 9 VTST 4187.

Jurisdiction

Vermont

• Gaming