Mailing Date: January 30, 2013

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


Jeff Dayton
Avid Marketing Group
1344 Silas Deane Highway
5th Floor, Suite 510
Rocky Hill, CT  06067
VIA E-MAIL:  jdayton@avidinc.com
 

RE:  Three Olives® Vodka Escalating Mail-in Rebate Promotion

 
Dear Mr. Dayton:
 
ISSUE:  This correspondence is in response to your e-mail of January 18, 2013, in which you request approval on behalf of your client, Proximo Spirits, to conduct a mail-in rebate promotion in Pennsylvania.  According to your letter and the point-of-sale (“POS”) material you provided, the promotion offers consumers an escalating rebate on the purchase of seven hundred fifty milliliter (750ml) or larger bottles of Three Olives® vodka.  Consumers may receive a rebate of five dollars ($5.00) on the purchase of one (1) bottle, twelve dollars ($12.00) on the purchase of two (2) bottles, twenty dollars ($20.00) on the purchase of three (3) bottles, or thirty dollars ($30.00) on the purchase of four (4) bottles.  To receive a rebate, consumers must mail the rebate form, the original cash register receipt, and the UPC number(s) from the bottle(s), to the address indicated on the form.  Only one (1) rebate request is permitted per name, address, or household, and the offer is limited to adults of legal drinking age.  The promotion runs from March 1, 2013, through June 30, 2013.
 
OPINION:  This office has reviewed the proposed offer and has determined that the promotion comports with applicable liquor laws and regulations, specifically subsection 493(24)(i) of the Liquor Code [47 P.S. § 4-493(24)(i)], and is acceptable for use in this Commonwealth.
 
Therefore, it would be permissible to conduct the 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 Selection. 
      
other – Internet, text messaging.
 
Please note 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)].
 
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    
 
LCB Advisory Opinion No. 13-025

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