how to keep your contest from becoming a trial, by kerry o’shea gorgone
TRANSCRIPT
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How to Keep Your Contest From Becoming a Trial
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Hello! My name isKerry O’Shea GorgoneLawyer, Podcaster, Speaker, Writer
You can find me at:@KerryGorgone
www.KerryGorgone.com
▷ mprofs.com/podcasts
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Download key takeaways:▷ http://www.kerrygorgone.com/yall-connect-
downloads
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THE GIVEAWAYCVS: “Stop Smoking and YOU WIN!”
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$152,000Fine CVS paid FTC
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1.THE PROBLEMMarketers who run contests
and giveaways illegally could get sued
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“But everybody else is doing it!”
(Too bad.)
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The potential risk is huge.
Cover your butt!
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$2,800,000Fine World Triathlon Corp. paid U.S. Government
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Know the differenceBetween contests and giveaways
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Contest winners are chosen based on skill
(not by chance)
CHANCE
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In a giveaway or sweepstakes
Winners are selected at random
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Lotteries are pay to play
People pay* for a chance to winPeople pay* for a chance to win
*But “pay” doesn’t have to mean money
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Giveaways must be “no purchase necessary”
Or else they’re (illegal) lotteries!
*But “pay” doesn’t have to mean money
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“Pay to Play” doesn’t just mean money
“Pay” means giving something of value (like your time, data, or even a “Like”)
*But “pay” doesn’t have to mean money
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Now you try…Giveaway or illegal lottery?
Winner gets a free signed copy of the book. All you need to do is answer this simple question:
What was the name of Akhenaten’s wife? Post answer in the comments section of this post in Facebook or via Twitter!
A winner will be picked at random by adding all correct entries into a hat.”
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Now you try…Giveaway or illegal lottery?
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Now you try…Giveaway or illegal lottery?
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Now you try…Giveaway or illegal lottery?
Discount coupons, purchased from a vending machine for $1.
Purchasers get a chance to win cash prizes
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Okay, one more…Giveaway or illegal lottery?
Win 8 months of free Rackspace hosting, for up to $1000/month.
Just sign up hosting account
with Rackspace, and you’re eligible to win!
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Run contestsInstead of giveaways
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Seen one contest, you’ve seen ‘em all
Work with a lawyer to set up a template
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How to run a contestInstead of giveaways
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Limit eligibility
Clearly explain who can enter.
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Explain the rules
How will winners be chosen?
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Choose judges
who are qualified
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Plan a tie-breaker
(And don’t use a random drawing!)
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Check the law where you are
if you plan to charge a fee
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And don’t change the rules!
Run the contest as promised
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File your paperwork
With the IRS and your state
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Use the right language
"Void where prohibited.”
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Ask for help
Lawyers are your friends
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““Give me six hours to chop down a tree and I will spend the first four sharpening the
axe.”
~ Abraham Lincoln
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Shhh…Presentation HandoutDownload key takeaways:▷ http://www.kerrygorgone.com/yall-connect-
downloads