Mailing Date: March 20, 2013

Telephone:
717-783-9454
FAX:
717-787-8820


Deborah A. Rossi
Assistant Secretary
American Vintage Beverage, Inc.
328 South Jefferson Street, Suite 1070
Chicago, IL 60661
VIA E-MAIL:  kgabriele@markanthony.com

 
          RE:    American Vintage Beverage Inc.
                   Cayman Jack® Adventure Sweepstakes
 
Dear Ms. Rossi:
 
ISSUE:  This correspondence is in response to your letter dated March 13, 2013, which was forwarded to our office by Karen Gabriele, wherein you request approval, on behalf of American Vintage Beverage Inc., to run the Cayman Jack® Adventure Sweepstakes in Pennsylvania.
 
According to the “Official Rules,” the sweepstakes is scheduled to begin on June 1, 2013, and runs until August 31, 2013.  Interested individuals may enter the sweepstakes by accessing the Facebook page at www.caymanjackadventure.com via a mobile phone or computer or scanning the quick response (“QR”) code on the sweepstakes point-of-sale (“POS”) material and completing the mandatory entry information.  Alternatively, interested individuals may enter by mailing an entry, which must include their name, address, date of birth and daytime phone number, to the address specified in the “Official Rules.”  Mail-in entries must be postmarked by August 31, 2013, and received by September 7, 2013.  Each individual is permitted to enter up to one (1) time per day.  Entrants who share their experience with a friend will receive one (1) extra entry for that day.
 
Three (3) grand prizes will be awarded.  The three (3) grand prize winners will be selected, one (1) from each region (East, Central, and West), in a random drawing to be conducted by an independent organization on or about September 30, 2013.  Each grand prize winner will receive a four (4)-night/five (5)-day adventure trip for two (2) to the Belize rainforest.  The prize includes:  roundtrip coach airfare from the airport nearest the winner’s residence; an adventure tour guide; three (3) meals per day; transportation from the airport in Belize to the adventure starting point and return transportation to the airport in Belize when the trip ends; and hotel/camping accommodations for two (2) for four (4) nights/five (5) days based on double occupancy.  All other expenses are the sole responsibility of the winner.  The trip must be taken on January 26, 2014.  The approximate retail value of all prizes is twelve thousand dollars ($12,000.00).  The sponsor reserves the right to conduct a background check of any criminal records of the prize winners and their guests and to disqualify the prize winners and/or their guests based on the results of such background checks.
 
No purchase is necessary to enter or win.  The sweepstakes is open only to legal residents of the United States who are twenty-one (21) years of age or older at the time of entry.
 
OPINION:  Section 5.32(h) of the Pennsylvania Liquor Control Board’s (“Board”) Regulations states that a manufacturer or licensee may sponsor sweepstakes promotions subject to the following conditions:
 
i.                    No purchase is necessary to enter.
ii.                  Entrants shall be twenty-one (21) years of age or older.
iii.                Retail licensed premises may only be involved as pick-up or drop-off points for entry forms and not for the conducting of drawings or the awarding of prizes.
iv.               Alcoholic beverages may not be part of the prize.
[40 Pa. Code § 5.32(h)].
 
This office has reviewed the proposed sweepstakes as described in your letter and the “Official Rules” and determined that it comports with applicable liquor laws and regulations, specifically section 493(24)(i) of the Liquor Code [47 P.S. § 4-493(24)(i)] and section 5.32(h) of the Board’s Regulations [40 Pa. Code § 5.32(h)], as long as alcoholic beverages are not awarded as any part of the grand prize.
 
Please be advised that to the extent that any part of the grand prize includes sampling, taste testing or the provision of alcoholic beverages at no additional cost to the winners and/or their guests, this would be construed as awarding alcoholic beverages as part of the prize and is not permitted.
 
Further, please be advised that prior approval of malt or brewed beverages POS material and retail licensed premises POS material is no longer required.  However, the requirement for prior approval of POS material intended for use in the Board’s wine and spirits stores from the Bureau of Product Selection remains.  The total cost of all POS advertising material relating to any one (1) brand of any one (1) manufacturer at any one (1) time may not exceed three hundred dollars ($300.00) on a retail licensed premises.  [47 P.S. § 4-493(20)(i)].
 
Therefore, it is permissible to run the proposed sweepstakes promotion in the Commonwealth in reference to the areas checked below:
 
     
retail licensed premises.
     
distributor licensed premises.
 X 
both retail and distributor licensed premises (POS only).
     
the Board’s wine and spirit stores, subject to approval of the Bureau of Product Selection.
 X  
other, internet, text messaging.
 
THIS OPINION APPLIES ONLY TO THE FACTUAL SITUATION DESCRIBED HEREIN AND DOES NOT INSULATE THE LICENSEE OR OTHERS FROM CONSEQUENCES OF CONDUCT OCCURRING PRIOR TO ITS ISSUANCE.  THE PROPRIETY OF THE PROPOSED CONDUCT HAS BEEN ADDRESSED ONLY UNDER THE LIQUOR CODE AND REGULATIONS.  THE LAWS AND POLICIES ON WHICH THIS OPINION IS BASED ARE SUBJECT TO CHANGE BY THE LEGISLATURE OR THE PENNSYLVANIA LIQUOR CONTROL BOARD.
 
Very truly yours,
 
 
 
FAITH S. DIEHL
CHIEF COUNSEL
 
cc:  Pennsylvania State Police, Bureau of Liquor Control Enforcement
 
LCB Advisory Opinion No. 13-119

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