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Contest and Purchase Requirement
Posted by Ryan from Chicago, IL, US on June 1, 2009
I’m exploring the idea of developing a contest that requires consumers to earn “points” through the purchase of my client’s product. The consumer that collects the most points wins.
Where as a sweepstakes is a random draw to determine a winner(s), this requires participants to use a certain level of skill in this case the skill would be which consumer can collect the most points in the designated promotional time frame.
Because this is a contest and not a sweepstakes, can I require purchase in order to participate?
The feeling here is that generally speaking, many would take the position that collecting points via purchase does not constitute "skill" as contemplated by the state statutes, but check with your attorney.