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March 2008

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Don Jagoda Associates

Sweepstakes, Contests or instant winner games

sponsored by Don Jagoda Associates


Bruce Hollander

Bruce Hollander
Executive Vice President
Don Jagoda Associates

(631) 454-1800

A true expert in the area of Sweepstakes, Contests and Games,Bruce has worked with hundreds of companies on thousands of promotions during his over 25 years at DJA. His expertise lies not only in developing the right promotion, but seeing that it runs flawlessly and with the least disruption to existing client operations. This becomes invaluable particularly in the areas of in or on-pack Instant Winner Games where integration with existing production, packaging and distribution systems is critical, and for on-line games, where integration with client IT is a must. So if its a "How do you? Why do you? or "Why can't you?" question about Sweepstakes, Contests, or Games...ask Bruce...He's the Expert!


1099 for prize not yet received
Posted by Corinne from Port Republic, MD, US on February 4, 2008

I won a sweepstakes in 2007 where I can use up to $4,500 for summer camp expenses in 2008. I’ve not yet received anything, yet I’ve gotten a 1099.

Can this be accurate?

I would definitely check with my accountant or tax advisor if I were you, but my general understanding is that under the doctrine of constructive receipt, you would pay tax on the $4500 in the year the funds were made available to you. So, if you could have used the money in 200 7but chose to wait until 2008, then a 1099 for 2007 would be correct. If the funds were not made available in 2007,I would think that you should not have gotten a 2007 1099....but again, please check with your advisor.


Game Piece Requests
Posted by Kayce from Knoxville, TN, US on February 3, 2008

I am wondering what a consumer can do when there is a no-purchase method of entry to receive a game piece that is required to enter an online sweepstakes, and those requested game pieces never arrive.

In a recent McDonald’s promotion, I requested at least 10 game pieces at the beginning of the promotion and never received any of them. I contacted McDonald’s and the judging agency, but I never received a reply.

I would have had to make a purchase to enter if I wanted to enter.

If you are sure you correctly requested the free game pieces I'm surprised that you never received them. McDonald's knows fully what their obligations are, and I'm certain they took steps to ensure that free game pieces were available. McDonald's does not want to be seen as conducting an illegal lottery ( requiring purchase to enter). Perhaps there was some kind of problem at the fulfillment house, so I agree with your contacting them. If the fulfillment house fails to respond, I would immediately contact customer service at McDonald's, they should be informed of such an oversight by one of their agencies. and will probably contact their agency to investigate what happened in your instance. This may take a few days but. follow up if you don't get a response from them . If you get no satisfaction ,then the next step would be the Better Business Bureau in you area.
Finally, you could try the consumer protection unit of your state's attorney general office. They will initiate an inquiry on your behalf.


Random winner from members
Posted by Eastern from Atlanta, GA, US on September 19, 2007

I am starting a website that you must become a member at a cost of $3.00 charged by SMS code. Once you’re a member then your telephone is automatically entered into a pool of members and one person’s number will be drawn to win a free trip. members can win every month for 4 months. Is this considered a sweepstakes?

Thank you,

Anthony

Your promotion is actually a lottery, as it has prize, chance and consideration. It is illegal for you to run a lottery. To turn it into a legal sweeps you must, among other things, allow for a non-consideration method of entry.


Fifa Women’s World Cup 2007 Sweepstkes
Posted by Chris from Mount Prospect, IL, US on September 18, 2007

Dear Bruce,

I have received a letter stating that I have won 51,000.00 along with tickets to the fifa womens world cup 2007held in China and enclosed is Citibank official check for 3,010.00. The sweepstakes coordinator is Rueben Bayne. The letter states that a receipt # from a purchase I made was one of the winners. They are asking me to deposit the 3,010.00 in my account and after it clears I am to pay processing fees and non-residential taxes with it. They are not asking me for any money other than the check amount they gave me. The contest is out of Canada. How should I handle this situation should I deposit the check or should I go directly to citibank???

Highly suspicious.....As a sweepstakes administration company, we would never send a check to anyone withourt first qualifying that they are entitled to win the promotion. We always give our Company name, a phone number and contact name where potential winners can reach us, and clearly spell out which promotion and who the sponsor is. All of which can be quickly verified by consumers.

There are many scams around involving cashier's checks, and this has all the earmarks of being one.

Just because a bank makes the funds from a deposited cashier's check available does NOT guarantee that the check is good. If the cashier's check turns out to be counterfeit, You personally will be laible any money you paid out(processing fees etc.)
I would contact the sponsor of the promotion if you know who that is, and I would NOT deposit the check before I had someone at CItibank verify that it's legit.
In general, I am very suspicious of any promotion that is from outside the US that you don't remember hearing about,or entering. Especially one that involves sending you a Cashier's check in the initial notification.....Be very careful!!


Live Event Contest with Instant Winners
Posted by Paul from Clearwater, FL, US on August 8, 2007

We are looking are running Text to Win contests at live events. We are not charging a premium for entering the contest however charges that carriers charge to send and receive text messages will apply. In some contests we will be giving away cash prizes of less than $500 per contest. Do we have to have a alternate means of entry other than the text in method? Do we run into any legal issues offering cash as prizes?

Our Legal Department's position on this is that text to win promotions do require an alternate means of entry, as not everyone has flat rate plans and therefore pay per message. Although We have seen promotions being run where no alternate is available., we advise our clients that an alternate is required. Just because something is being done doesn't make it right.
Giving cash prizes does not present any particular issues.


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