Ohio Admin. Code 4301:1-1-45 - Contests, prizes, sales incentive programs, rebates, or other promotions
(A) Unless
authorized under Chapter 4301. or 4303. of the Revised Code, or rules
promulgated thereunder, no merchandise or thing of value shall be given away in
connection with the purchase of an alcoholic beverage.
(B) A manufacturer or supplier of alcoholic
beverages, their registered solicitor, or a third party acting on behalf of the
manufacturer or supplier, excluding a wholesale distributor or retail permit
holder, may offer contests, prizes, sales incentive programs, rebates, or other
promotions. Contests, prizes, sales incentive programs, rebates, or other
promotions may not be used by a wholesale distributor or retail permit holder
to reduce the price of the alcoholic beverage at the point of sale.
(1) A manufacturer or supplier of alcoholic
beverages, their registered solicitor, or a third party acting on behalf of the
manufacturer or supplier, a wholesale distributor, or a retail permit holder
may notify the consumer of a contest, prize, sales incentive program, mail in
rebate, or other promotion through printed or other media or methods.
(2) The entry forms and the point-of-sale
materials for a contest, prize, sales incentive program, mail in rebate, or
other promotion may be distributed by the manufacturer or supplier of alcoholic
beverages, their registered solicitor, a third party acting on behalf of the
manufacturer or supplier, or a wholesale distributor for display and
dissemination at the premises of a wholesale distributor or retail permit
holder.
(3) In no event shall any
contest, prize, sales incentive program, mail in rebate, or other promotion be
made with the financial assistance of any wholesale distributor or retail
permit holder. No manufacturer or supplier shall require a wholesale
distributor or retail permit holder to participate in a contest, prize, sales
incentive program, mail in rebate, or other promotion, or be subject to any
quota or other arrangement that requires the wholesale distributor or retail
permit holder to purchase products of the manufacturer or supplier in order to
distribute the entry forms or point-of-sale materials for the contest, prize,
sales incentive program, mail in rebate, or other promotion.
(4) At no time shall any manufacturer or
supplier establish any quota or numerical amount of entry or mail in rebate
forms or point-of-sale materials that must be distributed by the wholesale
distributor to any specific class or type of retail permit holder.
(5) No manufacturer, supplier, or wholesale
distributor shall discriminate between permit holders within the same permit
class, based upon size or purchases of a particular brand, when distributing
entry or mail in rebate forms or point-of-sale materials nor in any way
restrict or limit participation in such promotions to one or more specific
retail permit holders.
(C) Should any of the contests, prizes, sales
incentive programs, mail in rebates or other promotions offered by the
manufacturer or supplier be determined to be in violation of any federal law or
rule, or state law or rule, the manufacturer or supplier shall be solely
responsible and liable for the violation. In the event of such violation by the
manufacturer or supplier, the wholesale distributor or retail permit holder
shall be held harmless by the manufacturer or supplier, and shall not be deemed
in violation of the state law or rule.
(D)
(1) No
employee, or member of the employee's immediate family, of the manufacturer,
supplier, wholesale distributor, or retail permit holder shall be eligible to
receive any prize or award from the contest, prize, sales incentive program, or
other promotion. Employees, and members of the employee's immediate family, of
the manufacturer, supplier, wholesale distributor, or retail permit holder are
eligible to apply for and receive a mail in rebate, provided that they meet the
same requirements as any other consumer.
(2) Except as provided in this rule, the
manufacturer or supplier shall respond directly to the consumer about the
contest, prize, sales incentive program, mail in rebate or other
promotion.
(3) Except as provided
in this rule, no prize, award, or mail in rebate shall be made by or awarded
through any retail or wholesale permit holder.
(4) No purchase of alcoholic beverages shall
be required to participate in a contest, prize, sales incentive program, or
other promotion; however, the purchase of alcoholic beverages
may
shall be
required to participate in a mail in rebate. No rebate amount given to a
consumer shall meet or exceed the retail price of the alcoholic beverage
purchased by the consumer to participate in the mail-in rebate. Manufacturers,
suppliers, their registered solicitors, or a third party acting on behalf of
the manufacture
manufacturer or supplier may provide rebates only on
the alcoholic beverage products that they manufacture or represent.
(5) Alcoholic beverages shall not be a prize
or be given to any participant in any contest, prize, sales incentive program,
mail in rebate offer, or other promotion. No contest, prize, sales incentive
program, mail in rebates or other promotion of any kind shall reduce the cost
of an alcoholic beverage at the point of sale.
(6) No one under the age of twenty-one shall
be permitted to participate in or be awarded a prize, award, or mail in rebate
from a contest, prize, sales incentive program, rebate, or other
promotion.
(E)
(1) Except as provided in this rule, a
participant in a contest, prize sales incentive program, mail in rebate, or
other promotion shall not receive a prize, award, or mail in rebate at the
point-of-sale or from any retail permit holder or wholesale distributor.
Prizes, awards, or rebates may be claimed by mail or other means that are not
located at a retail permit holder's or wholesale distributor's permit premises
or on the same parcel of property.
(2) A manufacturer or supplier of alcoholic
beverages, the registered solicitor of a manufacturer or supplier, or a third
party acting on behalf of the manufacturer or supplier, excluding a wholesale
distributor or retail permit holder when offering a mail in rebate:
(a) May require a participant to purchase a
specific non-alcoholic item in addition to
the purchase of an alcoholic beverage.
(b) May require proof that the
non-alcoholic
specific additional item was purchased from a retail
permit holder.
(c) Shall not
restrict such mail in rebates to one or more specific retail permit holders nor
require the purchase of an alcoholic beverage or non-alcoholic
specific
additional item to be made at one or more specific retail permit holder's
premises in order to participate in the mail in rebate.
(d) May provide rebates only on the alcoholic
beverage products that they manufacture or represent. No rebate amount given to
a consumer shall meet or exceed the retail price of the alcoholic beverage
purchased by the consumer to participate in the mail-in rebate.
(F) The entry form for
the contest, prize, sales incentive program, or other promotion may be attached
by the manufacturer or supplier to any container of alcoholic beverage, or to
any carrier or packaging containing such product, only if other methods of
entry are readily available to the consumer at the place of purchase, without
requiring the purchase of such product. A mail in rebate form may be attached
by the manufacturer or supplier to any container of alcoholic beverage, or to
any carrier or packaging containing such product, without making other methods
of entry available, if a purchase of the alcoholic beverage is required to
receive the mail in rebate.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.03, 119.03
Rule Amplifies: 4301.22; 4301.24
Prior Effective Dates: 07/05/1950, 05/11/1985, 11/01/1985, 05/11/1992, 04/06/2001, 11/14/2005, 01/01/2010, 02/25/2013, 09/05/2015
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.22, 4301.24
Prior Effective Dates: 7/5/50, 11/1/85, 5/11/85, 5/11/92, 4/6/01, 11/14/05, 1/1/10, 2/25/13
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