Posts Tagged: Sweepstakes

2017: The Stories that Weren’t, Taken from the Tales of the Twilight Zone

“It is a dimension as vast as space and as timeless as infinity. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man’s fears and the summit of his knowledge. This is the dimension of imagination. It is an area which we call the Twilight Zone.”  Rod Serling.

Sweepstakes prizes, lottery scams, influencer marking and excessive branding were popular themes throughout 2017.  Let’s take a look back in “the dimension of imagination” to illustrate how promotions (can) influence our lives. (more…)

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The Bare Minimum (Big Suggestions For Little Promotions)

Client:             Do we need Official Rules for our sweepstakes?

Attorney:         Yes.

Client:             But we’re only running a one-day sweepstakes giving away a one-way bus ticket to Cleveland.

Attorney:         Sorry.

Client:             But we’re no Goliath.

In the sweepstakes world size doesn’t always matter.  (more…)

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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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