Mailing Date: July 3, 2013

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


Scott A. Schleifstein
Cohen Silverman Rowan LLP
360 Lexington Avenue, 18th Floor
New York, NY  10017
VIA E-MAIL:  scott@promolaw.com

 
RE:   Guinness® Black Lager Instant Win Sweepstakes
 
Dear Mr. Schleifstein:
 
ISSUE:  This correspondence is in response to your e-mail and attached letter dated June 27, 2013, in which you seek approval on behalf of DIAGEO-Guinness USA, Inc., to conduct a sweepstakes promotion in Pennsylvania.  
 
According to the official rules you provided, the “Guinness® Black Lager Instant Win Sweepstakes” promotion is scheduled to run from October 1, 2013, until December 31, 2013.  Consumers may enter by text message or by mail.  There will be eighty thousand (80,000) prize winners.  Each winner will receive a code to be used at www.ticketmaster.com/guinnessblacklager.  The codes are redeemable for discounts on tickets for select events.  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)].
 
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. 
          
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.  13-312
 
 
 
 
 
 
 
                                                                                              

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