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

Based on the documents provided, it is unclear whether text message promotions are allowed for contests in Virginia. However, there are specific requirements for contests and promotions in Virginia that must be followed.

Requirements for Contests and Promotions in Virginia

According to VACV 58.1-4019.1, any “instant ticket” game or contest used for promoting or furthering the sale of any product must first obtain a license from the Director. This applies to games of chance played on a paper ticket or card where a person may receive gifts, prizes, or gratuities and winners are determined by preprinted concealed letters, numbers, or symbols which, when exposed, reveal immediately whether the player has won a prize or entry into a prize drawing.

Additionally, VACV 59.1-557 requires fantasy contest operators to register with the Department before offering any fantasy contest in the Commonwealth. The application for registration must contain specific information about the applicant, and the operator must submit evidence satisfactory to the Department that the operator has established and will implement procedures for fantasy contests that prevent certain activities, such as employees competing in public fantasy contests offered by the operator in which the operator offers a cash prize.

Furthermore, 11 VAAC 5-80-160 restricts advertising for sports betting to minors or at schools or school sporting events. Permit holders are also required to ensure that only people physically located in Virginia are able to place bets through the permit holder’s platform, according to 11 VAAC 5-80-40.

Finally, 11 VAAC 5-70-90 requires sports betting employees to hold a valid sports betting employee license issued by the director before being employed by a permit holder or sports betting supplier to work within the borders of the Commonwealth as a sports betting employee.

Conclusion

Based on the documents provided, it is unclear whether text message promotions are allowed for contests in Virginia. However, there are specific requirements for contests and promotions in Virginia that must be followed, including obtaining a license for “instant ticket” games or contests, registering with the Department for fantasy contests, and ensuring that advertising for sports betting is not aimed exclusively or primarily at minors. Additionally, permit holders must ensure that only people physically located in Virginia are able to place bets through their platform, and sports betting employees must hold a valid sports betting employee license.

Jurisdiction

Virginia

• Gaming