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Can I offer contests that involve website promotions in Indiana? What are the requirements?
Based on the documents provided, it is possible to offer contests that involve website promotions in Indiana. However, there are certain requirements that must be met.
Requirements for Contests Involving Website Promotions in Indiana
- Applicability of Article: The promotion offer must comply with the provisions of IC 24-8-1-1 [2.3]. This article applies to a promotion offer made by a person in Indiana or to a person in Indiana.
- Disclosure of Prizes: Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive [2.4].
- Statement of Verifiable Retail Value of Prizes: The notice must state the verifiable retail value of each prize a participant has been awarded or may have been awarded [2.6].
- Names and Addresses: The notice must contain the name and address of the promoter and the sponsor of the promotion [2.7].
- Substitutions for Unavailable Prizes: If the prize described in this article is not available, the person who is to receive the prize shall be given the option of choosing one of the following: a prize of equal or greater value, the verifiable retail value of the prize in cash or by a valid check, or a voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the person within thirty (30) days at no cost to the person [2.2].
- Presentation of Winning Ticket Necessary: If prizes will not be awarded or given if a winning ticket, token, number, lot, or other device used to determine winners in a particular promotion is not presented to a promoter or a sponsor, this fact must be clearly stated in the notice [2.5].
- Applicability of Chapter to Certain Book, Record, Video, and Magazine Promotions: Sections 3, 5 and 7 of this chapter shall not apply in a promotion only for books, records, videos, or magazines when the person has the right to review the merchandise without obligation for at least seven (7) days and the right to obtain a full refund for the return of undamaged merchandise [2.1].
- Retailer Promotions: Retailer promotions have been repealed [1.1].
- Submission of Promotional Events: A casino licensee shall submit a promotional event to the commission for approval or review if the promotional event is listed under sections 1(d) or 1(e) of this rule [3.1].
Conclusion
To offer contests that involve website promotions in Indiana, the promotion offer must comply with the provisions of IC 24-8-1-1, disclose the prizes, state the verifiable retail value of the prizes, contain the name and address of the promoter and sponsor, provide substitutions for unavailable prizes, state the presentation of winning ticket necessary, and comply with the submission requirements for promotional events.
Source(s):
- [1.1] Retailer promotions (Repealed)
- [2.1] Applicability of chapter to certain book, record, video, and magazine promotions
- [2.2] Substitutions for unavailable prizes; applicability to certain book, record, video, and magazine promotions
- [2.3] Applicability of article
- [2.4] Disclosure of prizes
- [2.5] Presentation of winning ticket necessary
- [3.1] Submission of promotional events
- [2.6] Statement of verifiable retail value of prizes
- [2.7] Names and addresses
Jurisdiction
Indiana