QUESTION
Can I extend a Sweepstakes Giveaway if in the terms and conditions we state we reserve the right to?
Asked on Nov 05th, 2016 on Entertainment Law - California
More details to this question:
We are hosting a sweepstakes and mentioned in the terms and conditions that the sweepstakes will end on (01/01/2017) though we'd like to extend that by one month. In our terms and conditions, we also stated this: "...ends on Sunday, January, 1st, 2017 at 11:59:00 PM ET (the "Sweepstakes Period") unless extended or reduced by sponsor, notice of which will be provided as set out in these Official Rules." Even though we state this, I've been told that we could still get sued because of differing state to state rules. Does anyone know if this is true?
1 ANSWER
Susan Marie Basko
The laws regarding gaming, gambling and sweepstakes do differ from state to state. So much depends on where your sweepstakes is actually taking place and how. For example, if all tickets are sold within one state only, then probably the rules of that state only apply. If the tickets are being sold in multiple states or sold on the internet, then you have a lot of complications. Also, there are several states that might ban any such gaming. Within any one state, there can be different rules, such as rules of different counties, rules on water versus rules on land, and rules on tribal lands. Keep in mind that anyone can sue anyone for anything and even if the case is clear cut, it can cost a lot of money and time to get a case dismissed. Check with the lawyer who wrote the rules for the sweepstakes and make sure they advise you carefully on what you plan to do, before you do it.
Answered on Dec 10th, 2016 at 6:48 AM