How to Keep Your Contest From Becoming a Trial

Hello! My name isKerry O’Shea GorgoneLawyer, Podcaster, Speaker, Writer

You can find me at:@KerryGorgone

www.KerryGorgone.com

▷ mprofs.com/podcasts

Download key takeaways:▷ http://www.kerrygorgone.com/yall-connect-

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THE GIVEAWAYCVS: “Stop Smoking and YOU WIN!”

$152,000Fine CVS paid FTC

1.THE PROBLEMMarketers who run contests

and giveaways illegally could get sued

“But everybody else is doing it!”

(Too bad.)

The potential risk is huge.

Cover your butt!

$2,800,000Fine World Triathlon Corp. paid U.S. Government

Know the differenceBetween contests and giveaways

Contest winners are chosen based on skill

(not by chance)

CHANCE

In a giveaway or sweepstakes

Winners are selected at random

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

Giveaways must be “no purchase necessary”

Or else they’re (illegal) lotteries!

*But “pay” doesn’t have to mean money

“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

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.”

Now you try…Giveaway or illegal lottery?

Now you try…Giveaway or illegal lottery?

Now you try…Giveaway or illegal lottery?

Discount coupons, purchased from a vending machine for $1.

Purchasers get a chance to win cash prizes

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!

Run contestsInstead of giveaways

Seen one contest, you’ve seen ‘em all

Work with a lawyer to set up a template

How to run a contestInstead of giveaways

Limit eligibility

Clearly explain who can enter.

Explain the rules

How will winners be chosen?

Choose judges

who are qualified

Plan a tie-breaker

(And don’t use a random drawing!)

Check the law where you are

if you plan to charge a fee

And don’t change the rules!

Run the contest as promised

File your paperwork

With the IRS and your state

Use the right language

"Void where prohibited.”

Ask for help

Lawyers are your friends

““Give me six hours to chop down a tree and I will spend the first four sharpening the

axe.”

~ Abraham Lincoln

Shhh…Presentation HandoutDownload key takeaways:▷ http://www.kerrygorgone.com/yall-connect-

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Thanks!Any questions?

You can find me at:@KerryGorgonekerry@kerrygorgone.com