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

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

Requirements for Prize Promotions in Wisconsin

Prize promotions in Wisconsin are regulated by the Wisconsin Administrative Code (WIAC) ATCP 127.08 for telephone transactions, ATCP 127.36 for mail transactions, and ATCP 127.66 for face-to-face transactions. These regulations prohibit the use of prize promotions that violate s. 945.02 (3), Stats., which prohibits illegal lotteries, and s. 100.171, Stats., which sets requirements for prize notices. Additionally, no seller may misrepresent the material terms of a prize promotion used in a transaction [1.1][1.2][1.3].

Requirements for Contests Involving Text Message Promotions

There are no specific regulations in Wisconsin that govern contests involving text message promotions. However, if the contest involves a prize promotion, the requirements outlined in the WIAC ATCP 127.08, ATCP 127.36, and ATCP 127.66 must be followed.

Additionally, if the contest involves the sale of coupons or coupon books, the regulations outlined in WIAC ATCP 131.07 must be followed. These regulations prohibit promoters from misrepresenting the sponsorship, endorsement, or participation of any person in the sale of any coupon, and from representing that proceeds from the sale of any coupon will be donated to any charity, civic or religious group, or other nonprofit organization unless such representation is true and the amount to be donated is disclosed. Promoters are also prohibited from making any representation inconsistent with or contrary to the terms and conditions contained in any coupon or in the agreement between the promoter and sponsor [4.1].

Conclusion

In summary, it is possible to offer contests that involve text message promotions in Wisconsin, but if the contest involves a prize promotion or the sale of coupons or coupon books, the requirements outlined in the WIAC ATCP 127.08, ATCP 127.36, ATCP 127.66, and ATCP 131.07 must be followed.

Source(s):
Jurisdiction

Wisconsin