Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-45 - Contests, prizes, sales incentive programs, rebates, or other promotions

Current through all regulations passed and filed through July 1, 2024
(A) Unless
			 authorized under Chapter 4301. or 4303. of the Revised Code, or rules
			 promulgated thereunder, no merchandise or thing of value shall be given away in
			 connection with the purchase of an alcoholic beverage.
(B) A manufacturer or supplier of alcoholic
			 beverages, their registered solicitor, or a third party acting on behalf of the
			 manufacturer or supplier, excluding a wholesale distributor or retail permit
			 holder, may offer contests, prizes, sales incentive programs, rebates, or other
			 promotions. Contests, prizes, sales incentive programs, rebates, or other
			 promotions may not be used by a wholesale distributor or retail permit holder
			 to reduce the price of the alcoholic beverage at the point of sale.
(1) A manufacturer or supplier of alcoholic
			 beverages, their registered solicitor, or a third party acting on behalf of the
			 manufacturer or supplier, a wholesale distributor, or a retail permit holder
			 may notify the consumer of a contest, prize, sales incentive program, mail in
			 rebate, or other promotion through printed or other media or methods.
(2) The entry forms and the point-of-sale
			 materials for a contest, prize, sales incentive program, mail in rebate, or
			 other promotion may be distributed by the manufacturer or supplier of alcoholic
			 beverages, their registered solicitor, a third party acting on behalf of the
			 manufacturer or supplier, or a wholesale distributor for display and
			 dissemination at the premises of a wholesale distributor or retail permit
			 holder.
(3) In no event shall any
			 contest, prize, sales incentive program, mail in rebate, or other promotion be
			 made with the financial assistance of any wholesale distributor or retail
			 permit holder. No manufacturer or supplier shall require a wholesale
			 distributor or retail permit holder to participate in a contest, prize, sales
			 incentive program, mail in rebate, or other promotion, or be subject to any
			 quota or other arrangement that requires the wholesale distributor or retail
			 permit holder to purchase products of the manufacturer or supplier in order to
			 distribute the entry forms or point-of-sale materials for the contest, prize,
			 sales incentive program, mail in rebate, or other promotion.
(4) At no time shall any manufacturer or
			 supplier establish any quota or numerical amount of entry or mail in rebate
			 forms or point-of-sale materials that must be distributed by the wholesale
			 distributor to any specific class or type of retail permit holder.
(5) No manufacturer, supplier, or wholesale
			 distributor shall discriminate between permit holders within the same permit
			 class, based upon size or purchases of a particular brand, when distributing
			 entry or mail in rebate forms or point-of-sale materials nor in any way
			 restrict or limit participation in such promotions to one or more specific
			 retail permit holders.