Mailing Date: May 31, 2013

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


Deborah A. Rossi
Assistant Secretary
Mark Anthony Brands Inc.
328 South Jefferson Street, Suite 1050
Chicago, IL 60661
VIA E-MAIL:  kgabriele@markanthony.com

 
RE:   American Vintage Hard Tea® Sweepstakes
 
Dear Ms. Rossi:
 
ISSUE:  This correspondence is in response to your letter dated May 23, 2013, in which you seek approval to conduct a sweepstakes promotion in Pennsylvania sponsored by American Vintage Beverage Inc.
 
According to the official rules you provided, the “American Vintage Hard Tea® Take Your Pick America Sweepstakes” promotion is scheduled to run from July 1, 2013, until September 15, 2013, and is divided into eleven (11) weekly entry periods.  Consumers may participate by visiting the promotional website at www.takeyourpickamerica.com and entering the required information.  On or about September 23, 2013, an independent organization will randomly select three (3) grand prize winners.  Each grand prize package will include a trip to Nashville, Tennessee, to attend Mike Wolfe’s Antique Archeology store, an item from the store, round-trip airfare, ground transportation, hotel accommodations, and two hundred dollars ($200.00) in spending money.  The approximate retail value (“ARV”) of each grand prize is three thousand four hundred dollars ($3,400.00).  In addition, eleven (11) weekly first prize winners will each receive a Mike Wolfe autograph with an ARV of twenty-five dollars ($25.00).  No purchase is necessary to participate, and the sweepstakes is open only to legal U.S. residents who are twenty-one (21) years of age or older.
 
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, as long as alcoholic beverages are not included in the prizes.  If any part of the grand prize trip includes the provision of alcohol at no additional cost to the grand prize winner and guest, this would be construed as the awarding of alcohol as part of the prize and is not permitted.
 
Therefore, it would be permissible to conduct this promotion in the Commonwealth, as described above, in reference to the areas checked below:
 
       
retail licensed premises.
       
distributor licensed premises. 
       
both retail and distributor licensed premises. 
          
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
 
LCB Advisory Opinion No.  13-256

Privacy Policy | Security Policy

Copyright ©2014 Pennsylvania Liquor Control Board. All Rights Reserved.


Close This Window