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Don Jagoda Associates

Sweepstakes, Contests or instant winner games

sponsored by Don Jagoda Associates


Bruce Hollander

Bruce Hollander
Executive Vice President
Don Jagoda Associates

(631) 454-1800

A true expert in the area of Sweepstakes, Contests and Games,Bruce has worked with hundreds of companies on thousands of promotions during his over 25 years at DJA. His expertise lies not only in developing the right promotion, but seeing that it runs flawlessly and with the least disruption to existing client operations. This becomes invaluable particularly in the areas of in or on-pack Instant Winner Games where integration with existing production, packaging and distribution systems is critical, and for on-line games, where integration with client IT is a must. So if its a "How do you? Why do you? or "Why can't you?" question about Sweepstakes, Contests, or Games...ask Bruce...He's the Expert!


Sweeps legal requirements
Posted by Annie on August 18, 2006

Do you have to offer a mail in option for entrants if you are promoting (advertising) an offline to online sweeps which is primarily pushing people online to enter?

If the promotion is primarily offline, pushing people online, you have to evaluate who your target audience is and determine whether a mail-in AMOE is prudent. For example, if the product you are promoting
is geared to the elderly or a substantial demo is elderly, then we believe it would be a good idea to allow a mail-in as many of that demographic still do not have ready access to a PC. On the other hand, if you feel that the product is a
younger skewing demo, then you don't have to offer an AMOE.


Eligibility
Posted by Maxine on August 17, 2006

Is it legal for cigarette companies to specify that the entrants must be smokers? Men are allowed to enter sweepstakes feminine sanitary products. Same as with household products, who know who uses what? The cigarette companies give away fabulous prizes but is it really necessary (or legal)to require an entrant to risk lung cancer to have a chance winning a prize.

Yes,under current legal interpretation, it is legal for tobacco companies to exclude non-smokers. It would not be legal to restrict a promotion by race or religion and in some states,gender as they are proteced classed. Non-smokers are not a protected class


.


Probability Games vs Instant win games
Posted by Bruce on July 24, 2006

Do you think that the Instant win games are less risky than probability games and what is the main difference in the 2 types of games.

The main difference in Probability vs. Instant Win games is that in an unmodified Probability game, every game piece has the chance of being a winner , therefore your exposure is theoretically unlimited. Of course, the odds will serve to control the number of winners, but nevertheless, the potential for multiple winners, and therefore the need for multiple pay-offs , exists. That’s why many of our clients elect to obtain prize insurance on this type of promotion. An additional problem with Probability Games is that if there are not enough versions of the game, people can figure out the pattern needed to win, therefore totally skewing the odds.

In an Instant Win Game, only a specific number of winning game pieces are created, therefore your maximum liability is controlled, and so is your pay-out exposure. By the way, prize insurance is often a good idea in this tactic as well.
Properly executed, both tactics are promotionally effective, but, because of the control factor, I think Instant Win games carry less risk, and I greatly prefer them to unmodified Probability Games. If your stuck on the idea of running a probability game, I would recommend modifying it so that every game piece doesn't have the chance of be ing a Grand Prize winner. Give me a call or include your email in the text of your response and I'll be glad to discuss ways of modifying a Probability Game with you.
The most important thing to remember in either an Instant Win or a Probability Game is to be sure your Games Administrator has a lot of experience running these types of games.


Would Consideration Include
Posted by Erin on July 18, 2006



A national cable chain, constantly runs sweepstakes that only allows their subscribers to enter. There is no optional form of entry for non-subscribers. How does this avoid the legal “consideration” laws applying to sweepstakes?

Example just for your information. Ironically, on looking at it, Don Jagoda is over seeing this sweep.

http://www.theantbullysweeps.com/Pages/Rules.html

As long as they are subscribers as of the start date of the promotion, the consideration took place prior to and not in response to the sweepstakes offer and hence is legal.


Possibility of extending length of trips won
Posted by Meryl on July 10, 2006

When you win a trip is it possible to extend your stay? In some contests the trip is to Hawaii, Australia or even California for only a couple of days. Since you still have to pay taxes and other expenses, it doesn’t seem worth it, but if you are able to extend your stay, it would be. Are they willing to change the date of the return flight, and you could just pay for extra hotel nights you wanted to stay?

This is a rather broad question, and the answer will change from agency to agency, and possibly even promotion to promotion. I checked with Rich Kaback, DJA's Vice President of Travel & Incentives , to see how wwe would handle such a request, and here's Rich's answer:
"We frequently receive and gladly handle requests for extensions, particularly when the sweepstakes travel award is to a distant destination, but only offered for a limited duration. We engage the winner in a dialogue to determine whether they would like to extend, and clarify that we can make changes to the flight itinerary, so long as the original airfare is not exceeded. We then advise the applicable airfare cost and make every effort to rebook without any increase in airfare, or alternatively offer the winner the opportunity to subsidize the difference, in the event of an increase. We also gladly assist with land arrangements (hotel reservations, car rental, etc. - whatever is required.) However, just to insure that the accounting is crystal clear and unclouded, we typically maintain our original reservation, which we prepay in full, and then create a new, secondary reservation for any extension arrangements, which we cover with the winner's credit card. Sometimes, if the winner extends at the same hotel, we confirm a similar type of room accommodation, but with a separate confirmation number, and clarify this information to the winner in the letter which accompanies the final documents, advising that the winner should, at check-in, request that the same room be maintained or assigned to both bookings."


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