Mailing Date: February 6, 2014

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


Natalie A. Harris
Mandell Menkes, LLC
One North Franklin Street, Suite 3600
Chicago, IL  60606
VIA E-MAIL:  nharris@mandellmenkes.com
 
RE:   Evan Williams Seriously Good Music: Get Fired Up with Chris Young Contest & Sweepstakes
 
Dear Ms. Harris:
 
ISSUE:  This correspondence is in response to your letter of January 22, 2014, in which you request approval to run a sweepstakes promotion in Pennsylvania sponsored by Heaven Hill Distilleries, Inc.
 
According to the official rules you provided, the “Evan Williams Seriously Good Music: Get Fired Up with Chris Young Contest & Sweepstakes” promotion is scheduled to run from February 28 through April 14, 2014.  Consumers may participate by completing an online entry form at the promotional website.  There will be four (4) weekly drawings in which five (5) winners will be randomly selected to each receive an autographed Chris Young CD and a set of two (2) Evan Williams rock glasses.  A panel of judges will also select ten (10) contest finalists from the pool of entrants.  Website visitors will then select a grand prize, first prize, and second prize winner during online voting between April 7 and April 14, 2014.  The grand prize winner will receive a trip for four (4) to a 2014 Chris Young concert including round-trip airfare, ground transportation, hotel accommodations for one (1) night, concert tickets, backstage passes, and an autographed BC Rich guitar and accompanying photo/video session.  The first and second prize winners each will receive an Evan Williams branded BC Rich guitar and a Chris Young CD, both autographed by Chris Young.  The promotion is limited to legal U.S. residents who are twenty-one (21) years of age or older, and no purchase is necessary to enter.
 
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, assuming alcoholic beverages are not part of any of the prizes.
 
Therefore, it would be permissible to conduct this promotion in the Commonwealth, as indicated 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 spirit stores, subject to approval of the Bureau of Product Selection.
 X  
other – Internet, text messaging.
 
Finally, 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 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 and Merchandising
Michelle Bonsick, Director, Bureau of Marketing Communications,
                        Branding & Design
Pamela Bernd, Product Selection
 
           
LCB Advisory Opinion No. 14-013

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