The Georgia Association of Broadcasters retains counsel in both DC and Atlanta to track ongoing developments in legislative and regulatory moves that impact our membership. GAB makes sure you know the details and potential impact of what is coming next. We regularly rally our membership to timely grass roots campaigns designed to tell elected and regulatory officials the importance of the Georgia Broadcasting agenda.
Can Contest Entries Be Allowed By Text Message Only?
GAB Member General Manager asks GAB Counsel:
We’ve developed a contest that allows a viewer to register using a text short code. We understand that there are sometimes costs associated with sending a text message for customers who do not have an unlimited texting plan on their phones.
The grand prize for our contest is an insured cash prize, so all that remains is a call regarding “Consideration”. We were hoping to have no other method of entry, other than via Text. Are carrier costs enough to be looked upon as “consideration”. I believe, the cost of a text message is less than a postage stamp in almost all cases.
In the past I’ve been told that Internet entry is sufficient, now that it is so widely available. However, is there an issue if we only allow entry via text, since it might not be determined to be widely enough available?
GAB Georgia Counsel Derek Bauer replies:
What a great question. The Georgia Supreme Court has held that text messaging entries are not “gambling consideration” in the TV game show context. Moreover, the “cost” of a text message could not possibly be more material than the cost associated with requiring entrants to actually be physically present for a drawing in order to be eligible, which the Georgia courts have long held does not constitute prohibitive consideration. I believe you are on solid legal ground, run with it.
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