(a) This chapter applies only to a sweepstakes conducted through the mail.(b) This chapter does not apply trainline cashback voucher to a sweepstakes for which the only use of the mail is for a consumer to return an entry form to the sweepstakes sponsor.
A lottery has three things: Prize, Chance and Consideration.
Time is exceedingly valuable!
(4) "Gambling device" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some.If you would like win a trip to universal studios orlando 2014 to keep updated on new posts, please consider subscribing via, rSS feed or subscribe through email by using the box in the sidebar.Federal agencies with jurisdiction to regulate sweepstakes promotions include the Federal Trade Commission (FTC the Federal Communications Commission (FCC the United States Postal Service (usps and the United States Department of Justice (DOJ).In addition, Ive seen that most bloggers will use some form of random selection process to choose the winner of their giveaway item, thus making their giveaway a sweepstakes and not, in fact, a contest.Connecting sweepstakes entry OR operation TO order OR purchase.While bloggers definitely dont want to leave their Canadian readers out in the cold, its a harsh reality of administering a giveaway through a sweepstakes that residents of Canada must be excluded.This chapter does not apply to a sweepstakes conducted through an advertisement or insert in: (1) a magazine or newspaper: (A) that is a publication in which more than 40 percent of the total column inches in each issue consist of advertising space purchased.The short answer is yes, if you are willing to comply with the laws of every jurisdiction (including those of foreign countries).Sweepstakes regulated BY alcoholic beverage code.A person conducting a sweepstakes may not: (1) ask an individual to provide any information or take any action consistent with the individual winning a sweepstakes prize, unless the individual has won a sweepstakes prize; or (2) provide an individual who has not yet won.Sending sweepstakes material that includes certain statements OR implications.Conclusion In summary, running a legally compliant giveaway involves a lot more than throwing up a post.The attorney general may bring an action under this chapter by filing suit in a district court in Travis County or in any county in which a violation occurred.Finally, if your giveaway is over 5,000.00 there will be other state laws and bonding requirements that will need to be met.While it is uncharted territory, the legal ramifications can be far-reaching.(f) This chapter does not apply to a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.Because the giveaway is often billed as a cross-blog promotion and involving many prizes, it would be advisable for the bloggers involved to ensure they are compliant to avoid potential civil and/or criminal violations.Thanks for visiting m!Added by Acts 2007, 80th Leg.,.S.,.
This chapter does not apply to a company regulated under Title 2, Utilities Code.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.