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Bruce Hollander 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!
VT Omit Postage We recently had an interesting discussion with an attorney about VT residence needing to add postage when requesting a winners list. The statement sent to our company from the clients attnorney is as follows: Our regulatory counsel has confirmed with the VT Attorney General that VT Administrative Code Section 109.01(b), relating to Consumer Fraud, Contests and Prizes, addresses the return postage issue: “It shall constitute an unfair and deceptive trade act and practice in commerce under 9 V.S.A. section 2453(a) for any person to solicit any person to engage in any kind of game of skill, contest sweepstakes, give-away or other promotion which: (a) is deceptive or misleading as to chances of winning, the number of winners, the value of the prizes, or the availability of the prize; (b) requires any kind of entry fee, service charge, purchase or similar consideration in order to enter or to continue to remain eligible; or, (c) uses publications, literature, written or verbal promotion that is false, deceptive or misleading.” Although it’s not clear from the Code, the AG has interpreted (b) to cover postage relating to requests for winners lists, and has issued several opinion letters explicitly stating as much. I checked with our legal on this one to see what our interpretation is.
Contest to Customers Only It is my understanding that under contest rules, you may specify only customers are eligible due to the skill based approach. Is this correct or do you need to open to non-customers? Generally speaking, as opposed to a random draw sweepstakes where an alternate, non-purchase method of entry is required, a skill contest may require some form of consideration (opening a checking account, for example). However, there are a handful of states that do not allow consideration even in the context of a skill contest. Therefore, we would have to know which states the promotion will be conducted in before any definitive advice can be given. It's also important to note that in order to truly be considered a skill contest, the rules must clearly spell out the judging criteria, and each entry must be judged on that criteria by a qualified individual. So be sure to use measurable , judgeable criteria and communicate it clearly in the rules. Also be sure the judging is done in a professinal manner.
Industry Benchmarks I have been searching for sweepstakes industry benchmarks specifically relating to driving in-store/retail traffic and have had absolutely no luck. There are so many variables to take into account when comparing different sweepstakes that valid industry benchmarks remain elususive.
rules question When reading the official rules of some sweepstakes, there often is a mail-in option available. Many times a “3 x 5 postcard” is mentioned. However, the U.S. Postal Service will not accept a post card smaller than 3 1/2 x 5. This is obviously a case of badly written rules. How should a prospective entrant handle this dilemma? Sounds like someone may have gotten a bit confused while "picking up" rules from a few different sweepstakes. I suspect that they meant to say submit your information on a 3"x5"card (which then would be placed in an envelope and mailed), or sumit your information on a Post card (which would then be mailed without an being placed into an envelope). If time allows,you can contact the judging agency and ask them for guidance. If time is tight, I doubt that any of the legitimate judging agencies would disqualify you for mailing the 3"x5" card in an envelope, as it was their mistake in the first place, and the mail-in option is typically a legal requirement.
Global Sweepstakes Please provide insight into challenges faced when constructing a global sweesptakes. Where can I find more information about a sweepstakes of this size? There are a number challenges when running a global sweepstakes. The first one that comes to mind is making sure your promotion is legal in each country that you’re running in. |