ARE SWEEPSTAKES LEGAL?
SHORT ANSWER: YES! Sweepstakes in general and most sweepstakes software used correctly to promote sale of products and or services, have generally found to be legal when challenged, mainly because of the element of free entry.
HOWEVER…the short, simple answer does not take in to account the perception of sweepstakes and sweepstakes software’s used in many locations.
And PERCEPTION can be problematic!
Any business wishing to use any type of promotional game should seek competent legal counsel.
(UUGH! Yes, a “lawyer”!) So,…..having said that, we have to say this!
STOP! Read this! The information provided herein is not intended to be legal advice.
Promotional game software products should
be used only under the advice of competent, knowledgeable, legal counsel who can advise the user how to lawfully operate
in their jurisdiction. The user must not assume that all software products and features are lawful for use in all jurisdictions,
WE DISCLAIM ALL WARRANTIES TO THAT EFFECT.
Now that the legal junk is out of the way, let’s take a common sense look at the situation.
“Sweepstakes” have received a bad rap in many areas due to the fact that some software providers and some operators did not know or take into account all of the variables involved in their industry. In some cases, officials have acted in haste and misunderstanding and took the path of least resistance and went with the “Let the judge sort it out” mentality.
Many times, honest errors were made on both sides, with no malice intended. At other times, there have been operators who skirted the law, and still others who intentionally
defrauded the public by saying they were something they were not!
When this happens, all businesses who even vaguely resemble the offenders get painted with the same brush! And in the rush to judgment, businesses and people totally unrelated to the real offenders get swept up in the consequences!
This is unfortunate, but a reality. Which is why it is critical that a business owner have a way to distinguish themselves from the rest of the pack!
There have also been officials who went so far as to “not care what the law says” (yes they actually said that!) and harassed sweepstakes operators simply because of personal preferences or prejudices.
However, most officials simply do not “KNOW”... so they say “NO”! They have so much on their plate, and so little guidance or worse, confusing guidance from the lawmakers, they err on their side of caution. The Gold Fusion Software suite has the tools to educate officials if they are willing to listen. (that part we cannot control!)
As long as you stay within their guidelines, almost every state in the United States allows Sweepstakes as a legitimate form of business promotion. Remember just because it is true not everyone knows it or believes it! (Some still think the earth is flat! I kid you not!) Not every county clerk at every courthouse knows the difference between what is allowed and what is not. Almost without exception they will fall back on saying "No" when they do not "Know"! Seeking sound advice from experienced and knowledgeable people is always a good idea period. When you're considering investing your hard-earned greenbacks into something...it is an essential requirement!
So get good council and informed advice before investing into ANY business, not just one involving a Promotional Game Software package.
To find out how Gold Fusion’s tools can be used distinguish yourself from the pack and educate officials, Contact us