PROPOSED AMENDMENT TO §45.106 =
§45.106. Sweepstakes an= d Games of Chance.
(a) This rule relates to §102.07 and §108.061 of the Alcoholic Beverage Co= de.
(b) For purposes of the above referenced provisions of the Alcoholic Beverage Code, sweepstakes shall include prizes that are awarded to consumers on the basis= of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant, as determined by a judge or judges selected by the sponsor for that purpose.
(c) Members of the manufacturer and wholesaler tier (except
holders of a distributor’s license)=
The holder of the following licenses and permits may
offer a prize to a consumer if the offer is part of a nationally conducted promotional sweepstake=
s activity. legally offered and simultaneously conducted during the same =
time
period in 30 or more states:
&=
nbsp; (1) manufacturer's license;
(2) non-resident manufactur=
er's
license;
&nbs=
p; (3) brewer's permit; <=
/p>
&nbs=
p; (4)
non-resident brewer's permit;
&nbs=
p; (5) distiller's and rectifier's permit;
&nbs=
p; (6)
winery permit;
&nbs=
p; (7)
wine bottler's permit; or =
=
; (8) non-resident seller's p=
ermit.
(d) A promot=
ional
permit holder contracted by the holder of a manufacturer’s or
wholesaler’s permit may sponsor a sweepstakes on behalf of the manufa=
cturer
or wholesaler. =
Any sweepstakes promotion must be legally offered and
simultaneously conducted during the same time period in 30 or more states.<=
/span>
(e) = A person affiliated with the alcoholic bever= age industry may not receive a prize from a sweepstakes promotion.
(f) Alcoh=
ol may
not be awarded as a prize.
(g)
(f) A person must be 21 years of age or older=
to
enter a sweepstakes promotion.
(g) &=
nbsp; No
game piece, or other form of instant win device may be packaged with, within, or printed on any packa=
ges of
alcoholic beverages. All sweepstakes entries are prohibited from requiring a
purchase of an alcoholic beverage or the validation of any kind which requi=
res
a purchase of any alcoholic beverage.
(=
h) =
; An
upper tier sponsored sweepstakes entry or contest may not be retailer speci=
fic
and prizes may not be awarded on a retailer’s premise. No
sweepstakes entry may be packaged with, within, or printed on any packages =
of
alcoholic beverages unless there is
provided at the point of sale identical entries available to the consumer.<=
/s> All
sweepstakes entries are prohibited from requiring a purchase of an alcoholic
beverage or the validation of any kind which requires a purchase of any
alcoholic beverages.
(i)&=
nbsp; &nbs=
p;
Entry codes or =
entry
forms on or in the caps, corks, labels, case cartons, or other materials
packaged with, within, or printed on any packages of alcoholic beverages ma=
y be
used as an entry mechanism provided:
=
; (1) such mechanisms do not grant a consumer̵=
7;s
right to claim winnings; and
=
; (2) there is at the point of sale conspicuously
displayed alternate methods of entry available to the consumer.
(j)
(k)(i) <=
/span>Except
as specifically authorized by this section, and the Alcoholic Beverage Code,
§102.07 and §108.061, it shall be unlawful for any person to sell=
or
distribute any alcoholic beverage in a container bearing any label, crown, =
or
covering upon which there is printed or marked any word, letter, figure, sy=
mbol
or character representative of or suggesting any game of chance, or to use =
or
display any advertising so printed or marked.
(l)(j) &n=
bsp; Any
sweepstakes promotion that includes prizes that are to be awarded on the ba=
sis
of some knowledge or skill demonstrated by the sweepstakes participant may =
not
be held or conducted on the licensed premises of a retailer or private
club. Sweepstakes sponsors ma=
y,
with the retailer’s permission, place sweepstakes entry forms on reta=
il
premises.