Mailing Date: May 8, 2013

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


Janis A. Carlow
Assistant to Lou Giordano
Vice President, Off Premise
Lantern Division
Southern Wine & Spirits
1600 Northwest 163rd Street
Miami, FL 33169
VIA E-MAIL:  jcarlow@southernwine.com
 
RE:   Rex Goliath “Ultimate $5,000 Rex Party” Mobile Sweepstakes
 
Dear Ms. Carlow:
 
ISSUE:  This correspondence is in response to your e-mail and the attached e-mail from Gail Underwood, which was forwarded to this office on April 26, 2013, in which Sweepstakes Consulting, LLC, seeks approval to conduct a sweepstakes promotion in Pennsylvania sponsored by Constellation Brands, Inc.  
 
According to the official rules you provided, the “Rex Goliath ‘Ultimate $5,000 Rex Party’ Mobile Sweepstakes” promotion is scheduled to run from June 1, 2013, until January 31, 2014.  Consumers may participate by text message or by mail.  On or about February 12, 2014, an independent judging organization will randomly select one (1) grand prize winner to receive a VISA gift card valued at five thousand dollars ($5,000.00).  In addition, eight (8) monthly first prizes winners will each receive a golf game or a corn hole game with an approximate retail value of three hundred dollars ($300.00).  No purchase is necessary to enter, and 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 promotion and has determined that it comports with applicable liquor laws and regulations, specifically subsection 493(24) of the Liquor Code [47 P.S. § 4-493(24)] and section 5.32(h) of the Board’s Regulations [40 Pa. Code § 5.32(h)], and is acceptable for use in this Commonwealth.
 
Therefore, it would be permissible to conduct this promotion in the Commonwealth in reference to the areas checked below:
 
       
retail licensed premises.
       
distributor licensed premises. 
       
both retail and distributor licensed premises. 
 X      
the Board’s wine and spirits stores, subject to approval of the Bureau of Product Management. 
 X   
other – Internet, text messaging.
 
Please be advised that prior approval of malt or brewed beverages point-of-sale (“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 Management 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)].
 
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
James Short, Director of Marketing
Timothy Fringer, Bureau of Product Selection                                          
Michelle Bonsick, Bureau of Marketing Communications,
                   Branding & Design
 
 
LCB Advisory Opinion No.  13-212

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