Ever notice how, when big businesses do sweepstakes and giveaways, they always say “purchase does not improve your chance of winning” or something to that effect, and provide alternate means of entry if necessary? I think that may be because to require a purchase in exchange for a chance to win something is not, strictly speaking, legal. As soon as purchasing a product is mentioned as a way of winning, I’m pretty sure it becomes a raffle, not a sweepstakes, and is governed by different rules. So when you offer 10 extra entries for making a purchase from a sponsor, I have a hunch you may be breaking the law.
Even if it is legal, it seems like a rather unethical way of running a giveaway to me. You’re encouraging people to do something that costs them money, with a weak promise that it will help them “win” later. Now, what do you think the chances are that they would have bought that product if you hadn’t dangled that prize in front of them? That’s not good advertising, and I’d encourage those who’ve done this to reconsider this strategy for “helping” their sponsors. You may get them, and yourselves, in trouble. Again, I am not a lawyer. So I could be all wet on this one, but it seems to me there must be some reason sweepstakes and giveaways run by people who actually do have lawyers never require or even encourage purchasing the product in order to win.
{ 4 comments… read them below or add one }
You know, that’s an excellent point!!
I offered extra entries w/purchase ONE TIME when I first started blogging because the company required four things for the Mandatory Entry. I never did it again. I just felt weird about it in general.
The reality was, no one wanted to fulfill the Mandatory, so the entries were low.
Let me explain that better. I offered extra entries with purchase BECAUSE the entries were so low due to the strict Mandatory Entry.
Sorry…I left out an entire sentence in my first comment…lol
Twitter: fromtracie
July 8, 2010 at 5:14 pm
I have seen posts and articles on this that say you are right. In fact, in some states just requiring them to follow you or to like a facebook page turns it into a raffle, even though no money has been exchanged. It is really important to read up on the law in your state just in case. I don’t think the government is looking at 10 million blogs to make sure they are following the rules, but it sure would stink to be the one blog they looked at and have done something against the rules….not to mention living above reproach. Most people don’t know they are doing something “wrong” though. They just follow the basic giveaway pattern that exists on most blogs.
Twitter: fromtracie
July 8, 2010 at 5:18 pm
Because it drives me crazy when people throw out facts without any backup. I found the post where I read about this….. http://www.sheposts.com/content/are-bloggers-conducting-illegal-lotteries