42.13.210    CONSUMER PROMOTIONS

(1) Industry members authorized to do business in the state are allowed to offer coupons and direct offerings as set forth in regulation number 6.96 of the Tobacco Tax and Trade Bureau (TTB), United States Department of the Treasury as set forth in 27 CFR, as revised on April 1, 2005, and incorporated by reference as fully set forth as the regulations for consumer promotions. Copies may be obtained at the United States web site located at ttb.gov/other/regulations.shtml.

(2) Industry members may furnish to consumers coupons which are redeemable at a retail establishment as follows:

(a) all retailers within the market where the coupon offer is made may redeem such coupons; and

(b) an industry member does not reimburse a retailer for more than the face value of all coupons redeemed, plus a normal and customary handling fee for the redemption of coupons.

(3) Contest prizes, sweepstakes, refunds, premium offers, internet promotions, and like items may be offered by industry members directly to consumers. Officers, employees, and representatives of wholesalers or retailers are excluded from participation in these direct offerings.

(4) Conditions that must be met for all types of promotions include but are not limited to:

(a) the company offering the promotion must be a registered industry member authorized to do business in the state of Montana;

(b) alcohol may not be awarded as a prize or given away to participants;

(c) participants must be 21 years of age or older; and

(d) no purchase is necessary to participate in a sweepstakes or contest.

History: 16-1-303, MCA; IMP, 16-1-303, MCA; NEW, 2007 MAR p. 483, Eff. 4/13/07; AMD, 2017 MAR p. 346, Eff. 3/25/17.