SETTING UP AN ONLINE SWEEPSTAKES

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• An Internet sweepstakes is a game of chance: The classic example of a game of chance is raffle ticket; however, did you know that an element of chance can result in a contest being deemed to be a sweepstakes. That can be a real issue for Internet promotional marketing projects. Our online sweeps lawyers have worked with many promotional marketing projects that were designed as internet and mobile contests requiring skill, but were legally games of chance. When you add elements of chance to an Internet promotion, like user defined and contributed judging, your Internet contest may become legally an online sweepstake. The web 2.0 nature of many online promotions, require the participation of Internet sweepstakes lawyers. Internet sweepstakes lawyers have the expertise required to properly assess the implication of social network and user generated content on your online promotional marketing.

• An Internet sweepstakes "usually" allows for FREE entry: An online sweepstake that requires payment for entry may be deemed to be an illegal lottery. Federal law only permits States to regulate lotteries. As a result, our online sweepstakes lawyers work with many web 2.0 marketers on the design of free alternatives. If you look back to the Publishers' Clearing House Sweepstakes, you probably remember that purchase of a magazine subscription was not required. Instead sweepstakes entries could be submitted for free by mailing a card to a specified address. Publishers' Clearing House essentially provided a free alternative form of entry in order to avoid being labeled an illegal lottery. The same needs to be done for many online and mobile sweepstakes. Not all free alternatives methods are legally compliant. Call Lior Leser. As an Internet sweepstakes attorney, Mr. Leser can help guide you through the legal requirements of setting up compliant entry forms.

1. Official Rules that are compliant for Online sweepstakes (you may need additional cellular or mobile sweepstakes rules if you wish to integrate SMS marketing into the Internet sweepstakes);
2. Terms of Service that incorporate the web 2.0 nature of the Internet Sweepstakes;
3. a Privacy Policy integrating both Online Legal Compliance and Internet Sweepstakes laws features;
4. Registration of the Internet Sweepstakes in some states (potentially in Arizona, Florida, New York and Rode Island);
5. Winner’s forms (including a Publicity Release and Winners' Affidavit);
6. A Legal Disclaimer for your Promotional Marketing Website; and
7. Review and advise regarding the integration of all of these components online (e.g. Compliant sign up pages)

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