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ARTICLE · 30 JUNE 2014

Consequences For Violating Sweepstakes Registration And Bonding Requirements

Promotional contests and sweepstakes are an increasingly popular marketing tool – and for good reason.

United StatesMedia, Telecoms, IT, Entertainment

Sweepstakes Are an Effective Marketing Tool 

Promotional contests and sweepstakes are an increasingly popular marketing tool – and for good reason.  They provide a cost-effective way to generate publicity and notoriety for a brand or product line.  Since most sweepstakes games include both the elements of chance and the awarding of a prize, it is critical that participants are not required to provide any consideration in order to participate.  As we have recently discussed, attorneys general aggressively scrutinize and prosecute violations of this rule.

Assuming that the sweepstakes contest is set up properly, it is critical to be mindful of the total prize amount, since prizes above certain cash (or cash equivalent) thresholds may trigger specific sweepstakes registration and bonding requirements, and potential consequences, in three states: Florida, New York and Rhode Island.

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