16 Tex. Admin. Code § 45.106 - Sweepstakes and Games of Chance
(a) This
rule relates to §§
102.07 and
108.061 of
the Alcoholic Beverage Code.
(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. If a prize is a private event or other prize awarded
in accordance with Alcoholic Beverage Code §
108.061(d)
then subsections (k) - (q) of this section apply.
(c) Except as otherwise provided in this
subsection, members of the manufacturer and wholesaler tier may offer a prize
to a consumer if the offer is part of a promotional sweepstakes activity.
Holders of a distributor's license may not offer a prize to a consumer if the
offer is part of a promotional sweepstakes activity. Pursuant to Alcoholic
Beverage Code §
108.061(d),
only brewers or nonresident brewers may offer a prize, including food,
beverages, entertainment, recreation, gifts or attendance at a private event at
a permitted or licensed retailer's premises.
(d) A promotional permit holder contracted by
a member of the manufacturing tier may sponsor a sweepstakes on behalf of the
manufacturing tier member.
(e) A
person affiliated with the alcoholic beverage industry may not receive a prize
from a sweepstakes promotion.
(f) A
person must be 21 years of age or older to enter a sweepstakes
promotion.
(g) 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 may be
used as an entry mechanism provided:
(1) such
mechanisms do not grant a consumer's right to claim winnings; and
(2) there is at the point of sale or on
product packaging conspicuously displayed alternate means of entry available to
the consumers.
(h) 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) Except as
specifically authorized by this section, and 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, symbol or character representative
of or suggesting any game of chance, or to use or display any advertising so
printed or marked.
(j) Except as
authorized by Alcoholic Beverage Code §
108.061(d) -
(f), any sweepstakes promotion that includes
prizes that are to be awarded on the basis 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 may, with
the retailer's permission, place sweepstakes entry forms on retail
premises.
(k) Except as authorized
by Alcoholic Beverage Code §
108.061(d) -
(f), alcohol may not be awarded as a
prize.
(l) Except as authorized by
Alcoholic Beverage Code §
108.061(d) -
(f), a sweepstakes sponsored by a member of
an upper tier may not be retailer specific and prizes may not be awarded at a
retailer's premises.
(m) A brewer
or nonresident brewer may conduct a private event at a retailer's premises or
award other prizes at a retailer's premises only in accordance with the
requirements of this section and Alcoholic Beverage Code §
108.061(d)-(f).
(n) A prize awarded pursuant to Alcoholic
Beverage Code §
108.061(d) -
(f) may include food, beverages,
entertainment, recreation, gifts, or attendance at a private event for the
winners of the sweepstakes and other guests of the sponsor of the
event.
(o) The name or location of
the premises where a private event described by subsection (n) of this section
is held or prizes are awarded may not be mentioned in any advertising related
to the sweepstakes.
(p) A
sweepstakes authorized by Alcoholic Beverage Code §
108.061(d) -
(f) may be conducted at a permitted or
licensed premises and the prize may be awarded to the winners at the permitted
or licensed premises at which the sweepstakes is conducted.
(q) If a licensee or permittee conducts a
private event authorized by Alcoholic Beverage Code §
108.061(d) -
(f) at a retailer's premises:
(1) the licensee or permittee shall pay the
retailer the fair market value for the use of the premises;
(2) the retailer must retain control of the
sale and service of alcoholic beverages at the private event;
(3) product served at the private event must
be served by the retailer; and
(4)
the upper-tier sponsor authorized in subsection (m) of this section may
purchase product for attendees from the retailer.
Notes
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