Posts Tagged: Sweepstakes

What Prizes Can/Can’t Be Given Away

Some things you may not be able to give as prizes:

– Smokes (MA, MI, VA)
– Gas (NJ, VA)
– Beer (many states)
– Milk (restricted in a number of states)
– iPad (formerly)
– Yankees tickets (because they may contain a no-transfer provision)
– Puppies (most states)

(more…)

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Age Doesn’t Matter Except When it Does

Marx once remarked, “Age is not a particularly interesting subject.  Anyone can get old. All you have to do is live long enough.”  Well, thanks Groucho, for that word of advice, but let’s look anyway into the importance of age in sweepstakes.

Minimum Ages

13 or older:

If the promotion is online and is directed to a child or will collect information from a child, it needs to be 13 or older, unless you want to comply with the requirements of the Children’s Online Privacy Protection Act (COPPA). (more…)

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Sweepstakes Rules: How Much Is Too Much?

William J. Shakespeare recognized over more than 400 years ago in As You Like It that, “Excess may do you harm.”  This may still hold true today for sweepstakes and contest Official Rules.

The internet has allowed Official Rules to be as long as a lawyer’s imagination.  But don’t shoot yourself in the foot when you try to bulletproof your rules.   Boilerplate language, “take it or leave” contracts and heavy-handed, one-sided provisions could be unconscionable and unenforceable.  According to the New York Court of Appeals, “unconscionability … requires some showing of ‘an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.’” State v. Avco Fin. Servs. of N.Y., 50 N.Y.2d 383 (1980).  Sounds like Official Rules.

Context is important. (more…)

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Vacation Sweepstakes Edition (The More You Give, The Less You May Get)

It’s summer vacation time and what better way to spend it then basking in the sun after winning that all-expense-paid prize trip.  Or is it?

Sponsors want to create buzz for their sweepstakes.  And vacation prizes over the summer months may do just that.  In my unofficial count, there are about 150 vacation sweepstakes currently running by major brands for trips to Hawaii, Lake Tahoe, Disney World, Miami, Las Vegas, NYC and even Cincinnati.  But Caveat Sponsus, awarding a dream vacation could be a nightmare.

Issues and solutions when offering vacation prizes: (more…)

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Where’s the Beef? Selling Internet Time Could Get You Time (The Sweepstakes Legitimate Product Requirement)

In 1984, Clara Peller, when opening a bun and finding only a tiny burger, first asked the famous line, “Where’s the beef?” This question is still relevant today in sweepstakes world. Even if you have an AMOE, when you provide entries for purchasing a product, it better be a hamburger and not just the aroma.

This week an attorney was reinstated to the Florida Bar after four years and having been convicted (which was later overturned and remanded) of various crimes for advising a client on the legality of running a “sweepstakes” involving internet cafés selling “internet time” to its customers who then received entries which simulated popular casino-style games to reveal whether the customer won a prize.  (more…)

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Some Common Sweepstakes and Contests Questions Answered

Our teachers have told us that there’s no such thing as a bad question.  In that light, I’ve come up with 11 common (simple) questions about running a sweepstakes or contest.  And to prove that there are no bad questions, I’ve also gone ahead and answered them.  Enjoy!

Social Media

Q:        Can we require an entrant to share the sweepstakes on a friend’s timeline to get additional entries?

A:        No.  Stay away from personal timelines on Facebook.

Practice tip: You can ask an entrant to share the sweepstakes link with a friend to allow the friend to enter separately.

Q:        Can we ask an entrant to tweet, retweet, follow a Twitter user, or post an update? (more…)

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