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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 389
BY SENATOR MARTINY
AN ACT1
To enact R.S. 51:1726 and 1727, relative to sweepstakes promotions; to provide for the2
regulation of sweepstakes promotions by the attorney general; to provide for3
definitions; to provide for the display of sweepstakes promotions winners; to provide4
for certain terms, conditions, and procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 51:1726 and 1727 are hereby enacted to read as follows: 7
§1726. Sweepstakes promotions8
A. Except as otherwise provided in this Chapter, the winner of any9
sweepstakes promotion shall be revealed in only one of the following manners:10
(1) Through posting on a printed list.11
(2) Through the use of scratch-off tickets or cards.12
(3) Through the use of pull-tab tickets or cards.13
(4) By contacting the winner in writing or through telephone14
communication.15
B. For the purposes of this Section, the following words and phrases16
shall have the following meanings:17
(1) "Contest" means any activity that involves competition between one18
or more persons.19
(2) "Game" means any activity undertaken or regarded as a contest,20
whether or not such contest involves an element or degree of chance.21
(3) "Pull-tab ticket" or "pull-tab card" means any pre-designated ticket22
or card that has its face covered to conceal whether a person has won a prize.23
(4) "Scratch-off ticket" or "scratch-off card" means any preprinted24
ticket or card that, after a latex or other covering is removed, indicates25
immediately whether a person has won a prize.26
(5) "Sweepstakes promotion" means any game, contest, or other27 SB NO. 389 ENROLLED
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offering where entry into the game, contest, or other offering, whether allowed1
gratuitously or through a bargained-for exchange, is offered in connection with2
the promoting or advertising of any one of the following:3
(a) A business or an extension thereof.4
(b) A product.5
(c) An investment opportunity.6
(d) A charitable contribution.7
(e) A service.8
C. The Louisiana Department of Justice, office of attorney general, shall9
regulate sweepstakes promotions provided for in this Section and the electronic10
display of sweepstakes winners as provided for in R.S. 51:1727.11
D. The provisions of this Section shall not apply to entities holding12
sweepstakes or contests to which only the entities' employees may enter.13
E. The provisions of this Section shall not apply to persons or entities14
licensed or permitted pursuant to the provisions of Titles 4 and 27 of the15
Louisiana Revised Statutes of 1950.16
F. The provisions of this Section shall not apply to any sweepstake,17
contest, or similar activity authorized and regulated by Title 26 of the Louisiana18
Revised Statutes of 1950.19
§1727. Electronic display of sweepstakes winners20
A. Except as otherwise provided in this Chapter, a computer or21
computer system that is used as part of a sweepstakes promotion shall be used22
only to allow a person to enter their name and contact information for the23
purpose of entering into the sweepstakes promotion and to display the following24
information:25
(1) Rules that govern the sweepstakes promotion.26
(2) Identity and contact information of the persons providing,27
conducting, and offering the sweepstakes promotion.28
(3) Any prize that may be won during the sweepstakes promotion and29
the monetary value of such prize.30 SB NO. 389 ENROLLED
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(4) Odds of winning a prize in the sweepstakes promotion.1
(5) Laws that govern the operation of sweepstakes promotions.2
(6) Any jurisdiction that does not allow the sweepstakes promotion.3
(7) The name or names of the sweepstakes promotion winner, after such4
winner has been revealed in accordance with the provisions of R.S. 51:1726.5
(8) The prize that was won by the winner and the monetary value of6
such prize.7
B. At no time shall a person be required to or offered an opportunity to8
enter into any monetary transaction through a computer, computer system, or9
any other electronic system, for the purposes of entering into or winning a10
sweepstakes promotion.11
C. At no time shall the revealing of a sweepstakes promotion winner, the12
revealing of a sweepstakes prize, or the revealing of a sweepstakes prize value13
be linked to or associated with the play or simulation of play of an electronic14
game or similar contest on a computer, computer system, or any other15
electronic system.16
D. For the purposes of this Section, the following words and phrases17
shall have the following meanings:18
(1) "Computer" means any electronic, magnetic, optical, or other19
high-speed data processing device or system performing logical, arithmetic, and20
storage functions, and includes any property, data storage facility, or21
communications facility directly related to or operating in conjunction with22
such device or system. "Computer" shall not include an automated typewriter23
or typesetter, a machine designed solely for word processing, portable24
hand-held calculator, nor any other device which may contain components25
similar to those in computers but in which the components have the sole26
function of controlling the device for the single purpose for which the device is27
intended.28
(2) "Computer system" means any set of functionally related, connected29
or unconnected, computer equipment, devices, or computer software.30 SB NO. 389 ENROLLED
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(3) "Electronic game" means a form of interactive multimedia used1
primarily for entertainment, which includes but is not limited to any interactive2
multimedia that consists of movable images displayed on a computer screen that3
may be controlled, manipulated, or set into motion by some action or activity4
of the person playing the game.5
(4) "Monetary transaction" means a transaction where a person6
provides cash or credit to another person in exchange for something of value or7
the opportunity to receive something of value.8
(5) "Multimedia" means any application or process that can combine9
text, graphics, video, or sound into an integrated package.10
E. The provisions of this Section shall not apply to entities holding11
sweepstakes or contests to which only the entities' employees may enter.12
F. The provisions of this Section shall not apply to persons or entities13
licensed or permitted pursuant to the provisions of Titles 4 and 27 of the14
Louisiana Revised Statutes of 1950.15
G. The provisions of this Section shall not apply to any sweepstake,16
contest, or similar activity authorized and regulated by Title 26 of the Louisiana17
Revised Statutes of 1950.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: