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CatLadyDaily

Thank you for this information. I soon want to run my first contest & really wasn't sure where to begin. Great information!

Rebecca

Great, great post. Another thing I've started to include on my blog is a provision addressing the situation where the winner fails to claim the prize. Sometimes, the winner notification ends up in a spam box and months later they will contact me for the prize. So, now I put a 48 hour time period on it before I select another winner.

Another thing - I think you can't announce a winner of a sweepstakes/contest, either. You have to say you've picked a winner and use the url where you announce it.

caren gittleman

this is an excellent post. I abide by almost everything, except i don't list "rules" per se...one you did forget was there has to be a disclaimer at the end saying whether or not you were paid to host the give-way or not unless the verbage clearly states that you were given the product to review or give-away.
Virtually ALL of my give-aways are tied to a review with rare exceptions.

Carol Bryant

Indeed all valid points. Not every rule was listed here, but many of them, so thanks for sharing the additional ones, too. First and foremost, know what you are doing and have rules in place with legalities adhered to so there are no problems.

BJ Bangs

Great advice. I'm doing a give-away in February, and added a contest/give-away page with explanations. Wouldn't have known to do this without reading this post.

Sara at Saving For Someday

Thank you for linking to my blog, Carol.

Caren, your reference to needing a disclaimer is not something pertinent to the laws governing sweepstakes, contests & lotteries. What you are referring to is a requirement by the FTC to disclose material relationships. FTC Disclosure laws are in addition to any and all laws pertinent to the giveaway.

Rebecca, announcement of the winner can be made. I think what you're referring to is one of the limitations of using Facebook. The Promotion Guidelines for Facebook clearly prohibit using Facebook to announce the winner (even though many people do, and risk having their site reported as spam or taken down). Many social networks have specific rules about using their functionality with regard to a user's promotion.

Rebecca also mentioned about a winner's reply going to spam. That's a very tricky issue because if the winner did reply in the correct amount of time but you don't check your spam to verify, that winner may have have legal grounds to pursue the blogger and/or sponsor. If the winner did what they needed to do to claim the prize, they're entitled to the prize. As bloggers, we all know that legitimate mail may be misdirected into spam for any number of reasons. It behooves us as bloggers to make sure we're holding up our end of the bargain. If you know email may be misdirected to your spam folder, you need to check it and not just pretend it never arrived since there is no way for the winner to otherwise guarantee delivery of their message.

One thing not mentioned in this, which is very important is the age required for entry. If a minor (someone under 18) is permitted to enter, there are additional laws that need to be included. If children (anyone under 13) are permitted to enter COPPA will come in to play and there are very specific rules that must be followed.

~ Sara Hawkins
Disclaimer: nothing in this email is intended to be legal advice

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