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October 19, 2019
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October 19, 2019

Checklist for your River Sweepstakes Promotion Rules.

It is helpful to think of a River sweepstakes promotion as a contract with the each and every participant. A complete set of rules should be drafted for each sweepstakes promotion and made available to participants. Set forth below is a checklist for drafting sweepstakes rules. This checklist should only be used as a starting point, because each River Sweepstakes promotion is unique, and the rules governing each promotion should be reviewed independently by competent counsel aware of your particular needs and risk tolerance levels.

Any online River Sweepstakes promotion rules should, at a minimum, clearly provide the following:

  1. No Purchase Necessary.
    Stating that it is not necessary to purchase a product should be set forth clearly and conspicuously at the beginning of the sweepstakes rules.
  2. Identification of Sponsor(s).
    The sweepstakes rules should provide the name of the sponsor as well as the sponsor’s address.
  3. Eligibility Requirements.
    Participation in River sweepstakes may be restricted by factors such as age, residence, and occupation. Employees of the sponsor, sponsor’s agents, and members of the sponsor’s household should be excluded from participation to remove any appearance of bias. A restriction to those 18 years or older may also be helpful since promotions targeted to children under the age of 13 may be subject to greater scrutiny.
  4. How To Play.
    Instructions for participation in an on-line sweepstakes should be set forth in a clear and concise manner.
  5. Duration.
    The River sweepstakes should have a definite start and ending date, and as it is important to treat those who enter on-line and off-line in a fair manner, ending dates for mail-in or facsimile entries may need to be adjusted to allow equal participation by off-line participants.
  6. Prizes.
    The number and nature of the prize(s) should be described in detail in the river sweepstakes rules.
  7. Odds of Winning.
    The odds of winning should be stated. If the number of entries is restricted, the rules should state the exact odds of winning. If the number of entries is unrestricted, the rules should say the odds of winning will depend on the number of eligible entries received.
  8. Selection and Notification of Winner.
    The River sweepstakes rules should set forth: (a) the date on which winners will be selected and announced, (b) the manner in which winners will be selected and notified, and (c) provide a mailing address where entrants may request a list of winners.
  9. Affidavit of Eligibility and Release of Liability.
    The River sweepstakes rules should include a provision requiring prize winners to execute an affidavit that the winner meets all of the eligibility requirements set forth in the rules and that includes a release of liability.
  10. Limitation of Liability.
    The River sweepstakes rules should include a limitation of liability in connection with misdirected or incomplete entries, electronic or computer malfunctions, and for any injuries or losses caused by a prize awarded in the sweepstakes or by participation in the sweepstakes.
  11. Void Where Prohibited.
    While every effort should be made to ensure your River sweepstakes promotion complies with federal and state regulations, the rules should say that the promotion is “void where prohibited.”

Conclusion.

Due to the effectiveness of river sweepstakes promotions, the number of on-line promotions are bound to increase. However, this increase will likely trigger additional regulations and enforcement of these promotions. Accordingly, the rules governing online River sweepstakes promotions should be carefully reviewed to ensure compliance with all past and newly enacted federal and state regulations.

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