Section
3.17.2
Consumer Promotion Offers Allowed by
Manufacturers or Importers. A manufacturer or importer of beer,
wine or distilled spirits products may offer certain consumer promotional
programs that are tied to the purchase of an alcoholic beverage. However, no
manufacturer or importer of alcoholic beverages shall offer any coupon or other
promotion incentive which entitles the consumer, in conjunction with the
purchase of an alcoholic beverage, to any type of cash discount, rebate, or
merchandise redemption from an Arkansas wholesaler or retailer. A manufacturer
or importer, or their agent, not to include any Arkansas wholesaler or
retailer, shall be allowed to offer the following types of consumer programs:
(1) A manufacturer or importer of wine or
distilled spirits may offer a form, conditioned upon the purchase of an
alcoholic beverage, which entitles the consumer to a monetary rebate from said
manufacturer or importer or designated third party;
(2) A manufacturer or importer may offer
merchandise programs to consumers with the merchandise price being discounted
upon proof of purchase. Provided, that no discount program may be offered based
upon multiple purchases by the consumer; (Amended 9-8-97 )
(3) A manufacturer or importer may offer
merchandise to a consumer that is part of a combination package or is sealed
inside or contained within an alcoholic beverage carton;
(4) A manufacturer or importer may offer
consumers the ability to enter sweepstakes events based upon proof of purchase
of an alcoholic beverage. Provided, if a manufacturer or importer offers a
sweepstakes event based upon proof of purchase of an alcoholic beverage, they
will also be required to offer an alternative means of entry, by way of free
standing point of sale items, that is not attached to or packaged with the
alcoholic beverage product.
The cost of any such authorized rebate program, merchandise program, or
sweepstakes shall be an expense to the manufacturer or importer offering such
promotional programs, and not be recouped in whole or part from any Arkansas
wholesaler or retailer.
Any such authorized promotional offerings or rebates must be made to
Arkansas consumers through the following means of distribution-^
(a) In any printed media of statewide
circulation;
(b) In the original
package arrangement produced and shipped by the manufacturer;
(c) Manufacturers or suppliers may provide
brand specific mail in rebate forms to Arkansas wholesalers for distribution to
Arkansas retailers. Arkansas wholesalers may distribute brand specific mail in
rebate forms to Arkansas retailers; provided that the brand specific rebate
forms are made available to any Arkansas retailer offering the brand for sale
to an Arkansas consumer.
Licensed wholesalers, retailers and their employees shall be ineligible
to participate in consumer promotional programs authorized by this
Regulation.
