1. (a) This rule relates to §102.07 and §108.061 of the Alcoholic Beverage Code.
2. (b) For purposes of the above referenced provisions of the Alcoholic Beverage Code, sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant, as determined by a judge or judges selected by the sponsor for that purpose.

3. (c) The holder of the following licenses and permits may offer a prize to a consumer if the offer is part of a nationally conducted promotional sweepstakes activity legally offered and simultaneously conducted during the same time period in 30 or more states:

   1. (1) manufacturer's license;
   2. (2) non-resident manufacturer's license;
   3. (3) brewer's permit;
   4. (4) non-resident brewer's permit;
   5. (5) distiller's and rectifier's permit;
   6. (6) winery permit;
   7. (7) wine bottler's permit; or
   8. (8) non-resident seller's permit.
4. (d) Any sweepstakes promotion must be legally offered and simultaneously conducted during the same time period in 30 or more states.
5. (e) A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes promotion.
6. (f) A person must be 21 years of age or older to enter a sweepstakes promotion.
7. (g) No game piece, or other form of instant win device may be packaged with, within, or printed on any packages of alcoholic beverages. All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverage.
8. (h) No sweepstakes entry may be packaged with, within, or printed on any packages of alcoholic beverages unless there is provided at the point of sale identical entries available to the consumer. All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverages.
9. (i) Except as specifically authorized by this section, and the Alcoholic Beverage Code, §102.07 and §108.061, it shall be unlawful for any person to sell or distribute any alcoholic beverage in a container bearing any label, crown, or covering upon which there is printed or marked any word, letter, figure, symbol or character representative of or suggesting any game of chance, or to use or display any advertising so printed or marked.
10. (j) Any sweepstakes promotion that includes prizes that are to be awarded on the basis of some knowledge or skill demonstrated by the sweepstakes participant may not be held or conducted on the licensed premises of a retailer or private club. Sweepstakes sponsors may, with the retailer's permission, place sweepstakes entry forms on retail premises.

Source Note:The provisions of this §45.106 adopted to be effective September 28, 1994, 19 TexReg 7271; amended to be effective August 21, 2000, 25 TexReg 8027.