Reply
Thread Tools Display Modes
#1
Old 09-26-2005, 07:50 AM
Guest
Join Date: Aug 2003
Location: Above the Uecker seats.
Posts: 4,855
Where are the places where contests are "void where prohibited"?

We in the US are all familiar with the disclaimer that comes as part of a radio or TV commercial promotional sweepstakes advertisement that says in rushed language at the end of the ad "offer void where prohibited." Where are these places where such offers are prohibited? Why are they prohibited? I'm guessing it is a part of anti gambling statutes but that's just a WAG.
#2
Old 09-26-2005, 08:25 AM
Guest
Join Date: Nov 2003
Location: Southern ontario
Posts: 6,588
Quote:
Originally Posted by zamboniracer
We in the US are all familiar with the disclaimer that comes as part of a radio or TV commercial promotional sweepstakes advertisement that says in rushed language at the end of the ad "offer void where prohibited." Where are these places where such offers are prohibited? Why are they prohibited? I'm guessing it is a part of anti gambling statutes but that's just a WAG.
I'm guessing it's a boilerplate disclaimer to protect whoever's running the contest from any particular legal prohibitions they might not have known about. For instance, one particular county in the area might say that it's illegal to give away trips to other countries on tuesdays, or something like that.

The chances of something like that happening may be really quite small, but including a disclaimer like that would help protect the radio station from being prosecuted for violating such a statute. Plus, by now it's tradition.

That's a WAG.
#3
Old 09-26-2005, 09:05 AM
Charter Member
Join Date: Mar 1999
Location: Tysons Corner, VA, USA
Posts: 11,983
IIRC Canada does not allow games of chance. Some contests get around this by requiring the potential winner to complete some game of skill, like adding 2+2.
#4
Old 09-26-2005, 09:08 AM
Moderator
Moderator
Join Date: Dec 2003
Location: Detroit
Posts: 9,490
Quote:
Originally Posted by chrisk
I'm guessing it's a boilerplate disclaimer to protect whoever's running the contest from any particular legal prohibitions they might not have known about. For instance, one particular county in the area might say that it's illegal to give away trips to other countries on tuesdays, or something like that.

The chances of something like that happening may be really quite small, but including a disclaimer like that would help protect the radio station from being prosecuted for violating such a statute. Plus, by now it's tradition.

That's a WAG.
Yup. It's basic boilerplate. Here is an example of why it is necessary, though:

Quote:
750.372 Lotteries and gift enterprises; prohibited acts; applicability of subsection (1); “promotional activity” defined; violation as misdemeanor; penalty.

Sec. 372.

(1) Except as otherwise provided by law or in this section, a person shall not do any of the following:

(a) Set up or promote within this state any lottery or gift enterprise for money.

(b) Dispose of any property, real or personal, goods, chattels, merchandise, or valuable thing by the way of lottery or gift enterprise.

(c) Aid, either by printing or writing, or in any way be concerned in the setting up, managing, or drawing of a lottery or gift enterprise.

(d) In a house, shop, or building owned or occupied by him or her or under his or her control, knowingly permit the setting up, managing, or drawing of any lottery or gift enterprise, or knowingly permit the sale of any lottery ticket or share of a ticket, or any other writing, certificate, bill, goods, chattels, merchandise, token, or other device purporting or intended to entitle the holder or bearer or other person to any prize or gift or any share of or interest in any prize or gift to be drawn in any lottery or gift enterprise.

(e) Knowingly allow money or other property to be raffled off in a house, shop, or building owned or occupied by him or her or allow money or other property to be won by throwing or using dice or by any other game or course of chance.

(2) Subsection (1) does not apply to a lottery or gift enterprise conducted by a person as a promotional activity that is clearly occasional and ancillary to the primary business of that person. As used in this subsection, “promotional activity” means an activity that is calculated to promote a business enterprise or the sale of its products or services, but does not include a lottery or gift enterprise involving the payment of money solely for the chance or opportunity to win a prize or a lottery or gift enterprise that may be entered by purchasing a product or service for substantially more than its fair market value.

(3) A person violating subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine of not more than $1,000.00.
http://legislature.mi.gov/mileg....373&highlight=

So a business can't have a free sweepstakes, unless it does so "clearly occasionally." That's hard to nail down. The boilerplate offers a partial solution.
#5
Old 09-26-2005, 11:45 AM
Guest
Join Date: Aug 2000
Location: Location: Location:
Posts: 10,542
An example radio ad:

"Buy 25 dollars of gas from Shell and be entered to win a new Hummer instantly. Just use your Shell Gas Card between September 15th and October 31st and you will be automatially entered. You could become the lucky winner of a new Hummer H3....blah blah blah...void where prohibted, must be 18 or older, blah, blah..."

Well, in New Jersey, it would be void, because you cannot tie gasoline sales to contests and give aways.
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 09:33 PM.

Send questions for Cecil Adams to: [email protected]

Send comments about this website to:

Terms of Use / Privacy Policy

Advertise on the Straight Dope!
(Your direct line to thousands of the smartest, hippest people on the planet, plus a few total dipsticks.)

Copyright © 2018 STM Reader, LLC.

Copyright © 2017
Best Topics: mecuricome wikipedia south florida accent mah ratings laptop smart card hot dogs packages chocolate and lemon cat navy no eyelids hudsucker proxy soundtrack marijuana red hair vodka gatorade how do trash compactors work what is a 3d rectangle called what is a wet willie how strong is the skull shower will not turn off do dogs remember people how much nyquil to die can i use my netflix account anywhere how much do commodities brokers make what does pp. stand for in writing