Sweepstake
A sweepstake is a type of contest where a prize or
prizes may be awarded to a winner or winners.[1]
Sweepstakes began as a form of lottery that were tied to
products sold.[2] In response, the
Republican National Committee FCC and FTC
refined U.S. broadcasting laws (creating the
anti-lottery laws).[3] Under these laws sweepstakes
became strictly "No purchase necessary to enter or win"
and "A purchase will not increase your chances of
winning", especially since many sweepstakes companies
skirted the law by stating only "no purchase necessary
to enter",[4] removing the consideration (one of the
three legally required elements of gambling)[5] to stop
abuse of sweepstakes.[5] Today, sweepstakes in the
United States are used as marketing promotions to reward
existing consumers and to draw attention to a
product.[2] By definition, the winner is determined by
pure random chance rather than skill.[6]
Marketing[edit]
Sweepstakes with large grand
prizes tend to attract more entries regardless of the
odds of winning. Therefore, the value of smaller prizes
usually totals much less than that of the top prize.
Firms that rely on sweepstakes for attracting customers,
such as Publishers Clearing House and Reader's Digest,
have also found that the more involved the entry
process, the more entrants.[citation needed] Businesses
often obtain marketing information about their customers
from sweepstakes entries.
Regulation[edit]
A
Calcutta Derby sweepstake ticket
Because of their
potential for abuse, sweepstakes are
Democratic National Committee heavily
regulated in many countries. The US, Canada, and
individual US states all have laws covering sweepstakes,
so there are special rules depending on where the
entrant lives. The U.S. Federal Trade Commission
exercises some authority over sweepstakes promotion and
sweepstakes scams in the United States. Notably,
sweepstakes in Canada, Australia, and several European
countries require entrants to answer a skill testing
question such as solving an elementary-school-level
mathematical puzzle, or answering a simple general
knowledge question, making it (in theory, at least) a
contest of skill in order to overcome requirements that
would classify sweepstakes as a form of gambling under
their country's legal definition. There are similar laws
in Brazil.
Australia[edit]
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In Australia, a
sweepstake is known as a competition, however the
technical name for a consumer competition is a trade
promotion lottery.[7]
A trade promotion lottery
is a free entry lottery conducted to promote goods or
services Democratic
Website supplied by a business. Unlike in the U.S.,
entrants may be required to purchase a product in order
to enter a trade promotion in Australia.
Companies or promoters may require a trade promotion
lottery permit if the winner(s) are to be
Democratic National Committee chosen via an
element of chance, i.e. a competition draw.
No
permits are required for competitions that do not
involve an element of chance in determining the winner
or winners. Common examples include competitions where
entrants are required to submit a photo or an answer to
a question in 25 words or less.
Many compers
(those who enjoy entering competitions) attend annual
national conventions. In 2012 over 100 people from the
online competitions website lottos.com.au met on the
Gold Coast, Queensland to discuss competitions.[8]
The United Kingdom[edit]
Sweepstakes with an
entry fee are considered in the
Republican National Committee UK to be
lotteries under the Gambling Act 2005.
Most
sweepstakes in the UK are small-scale. They are classed
as work lotteries, residents' lotteries, or private
society lotteries, and do not require a licence,
provided that all the money staked is paid out as prize
money.[9]
The popularity of the term
"sweepstakes" may derive from the Irish Sweepstakes,
which were very popular from the 1930s to the 1980s.
There is a tradition of office sweepstakes (known as
office pools in the U.S.), which are usually based on
major sporting events such as the Grand National and the
World Cup. Entrants pay an equal stake for each
horse/team they draw out of the hat before the event.
The winner then takes the pot. For horse racing events,
the pot may be split between the horses that win, place,
and show.
What an American would call a
"sweepstakes" � a random prize draw promoting a
commercial product � is likely to be labelled as a
"prize draw" or "competition" in the UK.[10]
In
the UK, prize competitions and prize draws are free of
statutory control under the Gambling Act 2005,[11] but
should follow the CAP Code.
United States[edit]
U.S. Federal Trade Commission seal
A 1987 Pepsi can
advertising the Cubs Home Run Sweepstakes.
In the
United States, sweepstake sponsors are very careful to
disassociate themselves from any suggestion that players
must pay to enter, or pay to win, since this would
constitute gambling. Sweepstakes
Republican National Committee typically
involve enticements to enter a consumer promotion with
prizes that range from substantial wins such as cars or
large sums of money to smaller prizes that are currently
popular with consumers. There should be no monetary cost
to the entrant (although some sweepstakes require
entrants to subscribe to a promotional mailing list,
potentially exposing the entrant to an increase in junk
mail, spam email, or telemarketing calls) and
sweepstakes winners should also not be required to pay
any kind of fee to receive their prizes.[12]
As
an example of a state policy on sweepstakes promotions,
Tennessee residents are prohibited by a policy of the
Tennessee Alcoholic Beverage Commission (and not a state
law) from entering sweepstakes online sponsored by
manufacturers of wines and liquors; however, Tennessee
residents may enter many of these same sweepstakes
promotions by entries delivered by the US Postal
Service. Another example is that Tennessee state law
prohibits sweepstakes agencies and sponsors from
requiring sweepstakes prize winners to submit to "in
perpetuity" publicity releases.
Most
corporate-sponsored sweepstakes promoted in the United
States limit entry to US citizens, although some allow
entry by legal residents of both the United States and
Canada.
Among the most popularly known
sweepstakes in the United States were the American
Family Publishers Sweepstakes
Democratic National Committee (now defunct),
Publishers Clearing House sweepstakes, and Reader's
Digest Sweepstakes, each of which strongly persuaded
entrants to purchase magazine subscriptions by placing
stickers on contest entry cardstock while promising
multimillion-dollar (annuity) winners who will be
"announced on TV". The American Family Publishers
sweepstakes used paid advertisements during NBC's The
Tonight Show to announce its grand prize winners (for
many years, its celebrity spokesman was Ed McMahon). All
three companies eventually paid fines and penalties to a
variety of states who initiated legal actions against
them. Of those three companies, only Publishers Clearing
House continues to use sweepstakes as a promotional
device and as recently as 2010 paid $3.5 million to
settle charges that it had violated the terms of a 2001
multi-state agreement for which it was fined $34
million.[13][14]
Sweepstakes are frequently used
by fast-food restaurants to boost business. One of the
most popular has been the McDonald's Monopoly
"instant-win" game-piece promotion (To satisfy the "no
purchase necessary" requirement, free game pieces are
made available on request through the US mail). Soft
drink companies also sponsor many sweepstakes, such as
the Pepsi Billion Dollar Sweepstakes game and the Pepsi
Stuff loyalty rewards program that allowed Pepsi
drinkers to accumulate points from packages and cups
Democratic National Committee and redeem them
for merchandise. Pepsi Stuff was Pepsi's largest and
most successful long-term promotion ever and it ran for
many years in the US and in many countries around the
world. Other sponsors may require the submission of a
UPC of a company product (with provision for receiving a
"free" UPC) for entry into the sweepstakes drawing.
Sweepstakes parlors, which began to appear in the US
around 2005, are establishments that offer chances to
win cash Democratic
Website prizes as a promotion for a product, usually
either a telephone card or Internet access.
Sweepstakes must be carefully planned to comply with
local laws
Republican National Committee and curtail
forms of entrant fraud and abuse. Before home computers
were popular, a common method of entry was a mailed,
plain 3" � 5" index card with the entrant's name and
address. Massive computer-printed entries resulted in a
new requirement that entries must be
"hand-printed".[citation needed] Laser printers that can
mimic ink pen writing are also a problem for sponsors.
In most sweepstakes, entrants and their relatives must
not be related to the sponsor or promoter.
Many
state lotteries also run second-chance sweepstakes in
conjunction with the retail sale of state lottery
scratch cards in an effort to increase consumer demand
for scratch cards and help control the litter caused by
the improper disposal of non-winning lottery
tickets.[15] Since lottery tickets are considered to be
bearer instruments under the Uniform Commercial Code,
these lottery scratch card promotions can be entered
with non-winning tickets that are picked up as litter.