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Kris Kringle had plenty of pointy-shoed helpers backing him
up, but he still insisted on making his list and checking it
twice.
Any businesses that promote sweepstakes should be just as
vigilant about double-checking all elements of their promotions
before releasing them to the general public.
To that end, I've created a checklist of 12 of the most
important things to look for in these types of promotions. (To
receive a handy PDF of the checklist, contact me at djoerling@thompsoncoburn.com.)
While this checklist covers many of the key aspects of a
sweepstakes, it is no guarantee that the sweepstakes complies with
all of the various state and federal statutes and regulations that
may apply. Also, the checklist is not legal advice. The only way to
determine if a sweepstakes complies with all applicable laws is to
have it reviewed by a lawyer familiar with sweepstakes law.
Sweepstakes Checklist
Is the sweepstakes limited to residents of the U.S. or one or
more states or cities within the U.S.?
Do the eligibility requirements for entrants clearly identify
the age, residency, and other requirements for entrants to be
eligible?
Must individuals be at least 13 years old to enter?
Is there a way to enter the sweepstakes by simply mailing a
postcard with the entrant's contact information to the
sponsor?
Are the odds of winning clearly set forth in the rules and are
they equal for everyone who enters, including the mail-in
entrants?
Are the prizes described precisely and do they include all
aspects and details, including the Approximate Retail Value for the
total prize?
Is the method of selecting the winner explained and is there a
date and time stated for when the winner will be chosen?
Is the sponsor's name, address, phone number and web
address listed prominently in the official rules and on all
advertisements pertaining to the sweepstakes?
Is the statement "No Purchase Necessary" and
"Void Where Prohibited by Law" displayed in the rules and
in all advertisements?
Is the value of prize less than $5,000?
Are employees of the sponsor prohibited from entering the
sweepstakes?
Is there an end date and time listed in the rules, and are the
number of entries that each person may submit clearly stated?
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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