Q&A: Promotional advertisement

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From the Ferdinand News and Spencer County Leader:

Q: We received inserts from a company that are a postcard-sized scratch off game (three hands of Blackjack) claiming over $100,000 in prizes. The fine print says, “You may be asked to view an indoor air quality system. No obligation required.”

Participants are guaranteed to win a prize, including digital cameras, MP3 players, GPS devices, Nintendo Wii and $1,000. Is this legal? 

A: It appears to be OK. It would fall under IC 24-8-2 (promotional gifts and contests).

The following should be included on the insert:

• Name and address of promoter and sponsor of the promotion

• Retail value of prizes

• Statement of odds, total number of prizes and total number of notices

• If attending sales presentation is required, this must be stated on the first page of the promotion in at least 10-point type.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.

 

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