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

Based on the documents provided, offering contests that involve travel prizes in Vermont is allowed, but there are certain requirements that must be met to avoid constituting an unfair and deceptive trade act and practice in commerce under 9 V.S.A. Section 2453(a).

Requirements for Offering Contests with Travel Prizes 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 a game of skill, contest, sweepstakes, giveaway, or other promotion which:

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

Therefore, to offer contests with travel prizes in Vermont, the following requirements must be met:

1. The contest must not be deceptive or misleading as to the chances of winning, the number of winners, the value of the prizes, or the availability of the prize.
2. The contest must not require any kind of entry fee, service charge, purchase, or similar consideration in order to enter or to continue to remain eligible.
3. The contest must not use publications, literature, written or verbal promotion that is false, deceptive, or misleading.

Procedure for Offering Contests with Travel Prizes in Vermont

To offer contests with travel prizes in Vermont, the following procedure must be followed:

1. The travel promotion organization must present their proposed travel development promotion programs to the Vermont Department of Tourism and Marketing in detail, and must further describe sources of local funds available for those purposes (10 VTST 664(a)).
2. The Agency, in consultation with the Travel and Recreation Council, shall establish a schedule for applying for and awarding matching funds. The Travel and Recreation Council shall evaluate the relative merits of the applications based upon criteria established under this subchapter and make recommendations to the Agency as to a priority of applications which merit funding. The Secretary in consultation with the Commissioner of Tourism and Marketing shall review the recommendations of the Travel and Recreation Council and make final decisions regarding the funding of proposals under the matching grants programs (10 VTST 664(b)).
3. The travel promotion organization must carefully evaluate the contest to ensure that it meets the requirements listed above.
4. The travel promotion organization must offer the contest in compliance with Vermont law.

Conclusion

Offering contests that involve travel prizes in Vermont is allowed, but the contest must not be deceptive or misleading, must not require any kind of entry fee, service charge, purchase, or similar consideration, and must not use publications, literature, written or verbal promotion that is false, deceptive, or misleading. Additionally, the travel promotion organization must follow the procedure outlined above to offer the contest in compliance with Vermont law.

Jurisdiction

Vermont

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