QUESTION

Can I extend promotional period for sweepstakes before it ends?

Asked on Oct 04th, 2012 on Entertainment Law - California
More details to this question:
I am administering a sweepstakes promotion for my company, and we want to extend the end date of the promotion by 2 weeks. However, in our terms and conditions/official rules, we specifically state that the promo will end on 10/8/2012, without giving ourselves the loophole to "reserve the right to change/modify the official rules at any time for any reason". How can we extend the sweepstakes without causing too much complication?
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7 ANSWERS

Entertainment Attorney serving Beverly Hills, CA at MindFusion Law, LLP
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Sweepstakes rules vary greatly from state to state. Generally, the sweepstakes rules govern the contractual relationship between you and the entree. Changing the rules arbitrarily creates a breach in this contractual relationship and may expose you to claims.
Answered on Oct 09th, 2012 at 9:24 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You can't. I'm lawyer and I cannot say what the legal ramifications are if you extend the sweepstakes. However, if you extend the sweepstakes, you incur whatever complications arise. The only way to avoid these complications is to refrain from extending the sweepstakes. If you want some insurance against legal liability, pay for an attorney to give you an opinion letter that there will be no liability. Then, if there is any legal liability, the attorney will be liable to your company. You mentioned "complications' which may involve other matters than legal liability, such as dealing with disgruntled sweepstakes entrants. This is a complication you cannot avoid. You can only deal with it. As far as legal liability, I do not see a significant probability for legal liability. It seems to me that a person would have to prove that he/she would have won had the sweepstakes not been extended. I cannot guarantee this, however.
Answered on Oct 08th, 2012 at 12:26 PM

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Thomas Edward Gates
No, you established a contract between your contestants and yourself, clearly stating the terms. you cannot now change the rules.
Answered on Oct 08th, 2012 at 12:23 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Just extend it. Shortening it might cause problems.
Answered on Oct 08th, 2012 at 12:19 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you break the rules you risk being so accused by anyone who plays by the rules. What is wrong with the old Judeo Christian ethic of playing by the rules You have been wtching the present political establishment on TV too much. A rule is a rule is a rule.and rules are made to follow
Answered on Oct 08th, 2012 at 12:18 PM

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Susan Marie Basko
I think if you change the date, your original materials will be in violation of California Business and Professions Code Section 17539.5 (j), which states, "The official rules for a sweepstakes shall disclose information about the date or dates the final winner or winners will be determined."If you contact me, I may be able to take your company on as a client to work on this.
Answered on Oct 08th, 2012 at 12:17 PM

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To answer this question I would need to see your rules and get some more details on the nature of the sweepstakes, what the prizes are and how they are won. I would also want to know how many people have entered, so we could determine if it would be practical to change the rules and notify everyone who entered of the new rules.
Answered on Oct 08th, 2012 at 12:16 AM

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