Instructables

Jack Daniel's "The Independence Project" Eligibility

I was excited to pull together a video for the Jack Daniel's challenge, but then I noticed the small text at the end of the contest description: "...Void in CA and where prohibited."  Why the heck are residents of California exempt from participating in this contest?

Jayefuu2 years ago
Alcohol related contests are banned by California state law.
kelseymh2 years ago
Because, as Jayfuu said, alcohol-related contests are illegal in California. If you don't like, then you should be contacting your state assemblyperson and state senator, and trying to persuade them to sponsor legislation to change this.
ridiculously.awesome (author)  kelseymh2 years ago
Let me know if there is anything I can do to support this beyond reaching out to the state legislature myself. In the meantime I'm contacting the state attorney general to get clarification on the interpretation of the law. from California legal code section 25600: (http://codes.lp.findlaw.com/cacode/BPC/1/d9/16/1/s25600)

"(a)(1)No licensee shall, directly or indirectly, give any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided by rules that shall be adopted by the department to implement this section or as authorized by this division."

IANAL but I interpret this to say that alcohol sales or distribution must be a component of the contest for it to be illegal. Since no alcohol is being distributed or sold as a part of the contest it would seem that it is not in violation of state law.  At the very least it may be possible to get permission from the California Department of Alcoholic Beverage Control to authorize participation in this contest in California....

Then again it may just be a lot easier to partner with my Dad in Texas :-).
It's the combination of "directly or indirectly" and "premium, gift, or free goods." That includes such things as contest prizes in connection with an alcoholic beverage company's contests or sweepstakes.
From what I read, its been challenged in court and the code was upheld even when no alcohol is sold or distributed for the contest. The issue isn't that California residents can't win these contests, its that for "distilled spirits" the maximum prize value you are allowed is 5 dollars....

Partner with your dad. 
It will be that phrasing "directly or indirectly", I expect.

I second the "partner with your dad" suggestion. All you need to do to satisfy the legislation and the rules is to use your dad's address and ask him to fill in all the paperwork, should you win.

(He is over 21, isn't he?)

Kiteman2 years ago
You could find a non-Californian friend, and "base" yourself at his address...
ridiculously.awesome (author)  Kiteman2 years ago
Yeah, I'm considering partnering with my Dad in Texas for the submission. I find it ironic that the theme is "The Independence Project" and that California law prohibits participation in any meaningful way. Anyone know of an instructable describing how to repeal oppressive legislation?