Question: Last month, Heineken Beer had a sweepstakes where you could win a TV. This month, Molson Beer has a free t-shirt giveaway. Both of these beer promotions excluded a few states, including Kentucky. Why can’t Kentucky residents participate in beer company giveaways?

Answer: Virginia Davis, staffer at the Kentucky Alcoholic Beverage Office (ABC), had the answer to your question. She says that according to state law KRS 244.500:

Kentuckians can enter national beer sweepstakes as long as the beer manufacturer is running the sweepstakes, unless rebates, price discount coupons, or brand-related novelty items are given to consumers based on certificates found in malt beverage (beer) packages or point of sale materials.

But beer distributors are not able to run sweepstakes in the state. Some of the beer distributors falling under this rule include River City Distributing Inc., Clark Distributing Co. and the Anheuser Busch Distributing Co., etc.

Here is the law covering beer sweepstakes:

KRS 244.500 Malt beverage premium prohibition — Exceptions.
(1) No person holding a license to sell malt beverages shall offer or give anything tangible of value as a premium for the return of caps, stoppers, corks, stamps,wrappers, coupons, or labels taken from any bottle, case, barrel, or package containing malt beverages or to offer or give anything of value as a premium, gift, or prize for any purpose in connection with the sale of malt beverages.
(2) Subsection (1) of this section shall not apply to the return of moneys specifically deposited for the return of the original containers to the owners; nor shall subsection (1) of this section prohibit brewers, wholesalers, or distributors from giving anything of value as a premium, gift, or prize to wholesalers, distributors, or their
employees in connection with sales incentive programs.
(3) Subsection (1) of this section shall not apply to brewer-sponsored national sweepstakes in which major prizes, not including rebates, price discount coupons, or brand-related novelty items are given to consumers based on certificates found in malt beverage packages or on point of sale materials. Malt beverage distributors, retail licensees, and their employees shall not be eligible to redeem the certificates
or participate in the national sweepstakes.
(4) Subsection (1) of this section shall not prohibit brewers, out-of-state brewers, wholesalers, distributors, or retail licensees from selling malt beverages packaged in or securely bundled with brand-related novelty items if the price charged for the packaged or bundled malt beverages specifically includes the cost of the brandrelated
novelty item.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 99, sec. 7, effective June 26, 2007. — Amended
1990 Ky. Acts ch. 359, sec. 1, effective July 13, 1990. — Amended 1982 Ky. Acts
ch. 104, sec. 1, effective July 15, 1982. — Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2554b-206.

Linda Niemi

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