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<blockquote data-quote="Snarf Zagyg" data-source="post: 8361543" data-attributes="member: 7023840"><p>That's not true. It's a standard restriction that if you are running a contest (as opposed to a sweepstakes) and you are soliciting from contestants, you will, at a minimum, require it to be licensed. This isn't something that's "under the radar." This is pretty darn explicit.</p><p></p><p>There are all sorts of issues that need to discussed when this sort of thing is done. Is it a contest or a sweepstakes (and how do we make sure this is done correctly). Have all the stakeholders' rules been complied with (if social media is involved, there will be rules for the social media companies as well). Have you verified that you are not violating any relevant federal or state laws (deceptive advertising, etc.). Have you verified that you are in compliance with all the state guidelines and requirements for the states(s) that have eligibility for the contest? Have you verified that there has not been any new guidance from federal or state agencies on this? Have you complied with relevant privacy laws? That last one is BIG.</p><p></p><p>But wait, there's more (there's always more). Do you expect that minors will be entering the contest? Because, you know, voidable - plus there's newer federal law on that if you allow children under 13 to enter. Do you require people to warrant they they are not minors? What else- I mean, they should have to warrant its their work, because what happens if you get sued because it's not their work? For some states, there are written requirements for certain publicity- what happens if the contest winner is in one of those states and you don't have that written provision?</p><p></p><p>How big is your prize? Is it big enough to require a bond? Some states require that. Do you expect that an influencer will promote your contest- and do you have the appropriate disclaimers? Are you certain that nothing in your contest either is, or can be construed, to be discriminating against anyone in a protected class- this often comes up because of disabilities. Does your contest ensure that entrants can't sue you, or other entrants, because their entries are similar to each other (Jake totes stole my idea!). If you produce something in the future, are your protected?</p><p></p><p>And so on. Seriously, it's a minefield. But the idea that no one is giving this thought ... is not accurate.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8361543, member: 7023840"] That's not true. It's a standard restriction that if you are running a contest (as opposed to a sweepstakes) and you are soliciting from contestants, you will, at a minimum, require it to be licensed. This isn't something that's "under the radar." This is pretty darn explicit. There are all sorts of issues that need to discussed when this sort of thing is done. Is it a contest or a sweepstakes (and how do we make sure this is done correctly). Have all the stakeholders' rules been complied with (if social media is involved, there will be rules for the social media companies as well). Have you verified that you are not violating any relevant federal or state laws (deceptive advertising, etc.). Have you verified that you are in compliance with all the state guidelines and requirements for the states(s) that have eligibility for the contest? Have you verified that there has not been any new guidance from federal or state agencies on this? Have you complied with relevant privacy laws? That last one is BIG. But wait, there's more (there's always more). Do you expect that minors will be entering the contest? Because, you know, voidable - plus there's newer federal law on that if you allow children under 13 to enter. Do you require people to warrant they they are not minors? What else- I mean, they should have to warrant its their work, because what happens if you get sued because it's not their work? For some states, there are written requirements for certain publicity- what happens if the contest winner is in one of those states and you don't have that written provision? How big is your prize? Is it big enough to require a bond? Some states require that. Do you expect that an influencer will promote your contest- and do you have the appropriate disclaimers? Are you certain that nothing in your contest either is, or can be construed, to be discriminating against anyone in a protected class- this often comes up because of disabilities. Does your contest ensure that entrants can't sue you, or other entrants, because their entries are similar to each other (Jake totes stole my idea!). If you produce something in the future, are your protected? And so on. Seriously, it's a minefield. But the idea that no one is giving this thought ... is not accurate. [/QUOTE]
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