Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I offer contests that involve travel prizes in Hawaii? What are the requirements?

Based on the documents provided, contests that involve travel prizes in Hawaii are allowed, but there are several requirements that need to be considered.

Eligibility Requirements [3.1]

To be eligible for a grant in Hawaii, a business must be headquartered in the state, doing business in the state for at least five years, employing 15 or more residents with income subject to taxation, and can demonstrate financial viability of the business. Additionally, the business must be incorporated under the laws of the state or registered to do business in the state, have bylaws or policies that describe the manner in which the activities or services for which the grant is awarded shall be conducted or provided, be licensed or accredited to conduct the activities or provide the services for which the grant is awarded, comply with all applicable federal and state laws prohibiting discrimination, and allow full access to its records, reports, files, and other related documents and information for purposes of monitoring, measuring the effectiveness, and ensuring the proper expenditures of the grant.

Offers of Travel [1.1]

An offer of economy-class travel expenses, modest food and non-alcoholic beverages, and educational programming in connection with a bona fide professional development program, conference, or business meeting, generally may be accepted if receipt thereof is consistent with subsections (b) and (c) and section 21-7-2, provided that the recipient shall report the travel pursuant to section 84-11.5, HRS. In determining whether an offer of travel is acceptable, the commission shall consider the donor’s relationship to the recipient, the value of the trip, including all travel costs sponsored by the donor, and whether the travel supports a state purpose. Generally, offers of travel to events that lack significant educational content may not be accepted. Likewise, offers to attend entertainment events, such as golf, cruises, sporting events, or luxury meals, generally may not be accepted, even if they occur as part of an otherwise acceptable event.

Invitations to Events [1.2]

An individual who represents the state for protocol purposes, such as the Governor, Lieutenant Governor, legislator, President of the University of Hawaii, department director or deputy director, or trustee or administrator of the Office of Hawaiian Affairs, may generally accept an unsolicited offer of complimentary attendance to attend an event organized with the principal objective of raising money for or awareness of a charitable organization, provided that the recipient’s attendance at the event is paid for solely by the charitable organization itself, the non-tax-deductible value of attendance is less than $75, the recipient does not accept more than $200 in cumulative non-tax-deductible value in any calendar year, the recipient’s attendance at the event serves a state purpose, the event is open to the general public and has been publicized to the general public for at least four weeks in advance of the event, and no reasonable person would conclude that the principal purpose of the event is to influence the state officials in attendance.

Offers of gifts or prizes [2.1]

It shall be an unlawful practice for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to sell, lease, or rent a consumer product, or to initiate the sale, lease, or rental of a consumer product when, at the time of the offer, the consumer product and all the material terms of the sale, lease, or rental transaction, including the price, handling, shipping, delivery, or any other fee, are not clearly and conspicuously disclosed. Any offer of a prize made by means of written notice sent through the mail or by telephone shall include information on the odds of being able to receive the prize or if the odds are not calculable in advance, the factors used in calculating the odds, a statement that no purchase or payment is required to win a prize or to participate in a prize promotion, and instructions on how to participate without purchase or payment including an address or toll-free telephone number to which a consumer may write or call for information on how to participate.

Disclosure on airline awards [4.3]

In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader: “THIS CONTRACT IS FOR THE SALE OF AN AIRLINE AWARD. CERTAIN AIRLINES HAVE TAKEN THE POSITION THAT THEY MAY VOID AIRLINE AWARDS AT THEIR DISCRETION, AT ANY TIME. IF ANY SUCH VOIDING OCCURS, (name of travel agency) WILL REFUND TO PURCHASER THE PROPORTIONATE AMOUNT OF THE PRICE PAID WITHIN THIRTY (30) DAYS.”

Prohibited acts [4.1]

No travel agency or charter tour operator shall engage in any of the following: (1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter; (2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators; (3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators; (4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter; (5) Misrepresenting the consumer’s right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter; (6) Failing to provide a written statement to the consumer containing specific information as required by section 468L‐4; (7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L‐7; (8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators; (9) Promoting travel for prostitution; (10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel: (A) For the purpose of engaging in a commercial sexual act; (B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or (C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or (11) Otherwise violating any of the provisions of this chapter or its rules.

School cooperation with sponsors [5.1]

Schools may cooperate with sponsors of approved activities by making announcements, posting notices, and communicating information on these activities by other appropriate means to interested students.

Therefore, to offer contests that involve travel prizes in Hawaii, the following requirements must be considered:

  • The eligibility requirements for grants [3.1]
  • The regulations for offers of travel [1.1]
  • The regulations for invitations to events [1.2]
  • The regulations for offers of gifts or prizes [2.1]
  • The disclosure requirements for airline awards [4.3]
  • The prohibited acts for travel agencies and charter tour operators [4.1]

Schools may cooperate with sponsors of approved activities by making announcements, posting notices, and communicating information on these activities by other appropriate means to interested students [5.1].

Source(s):
Jurisdiction

Hawaii