Sweepstakes and Alternate Means of Entry

[ChrisR702]

Many brands often have sweepstakes as a means of promoting their brand as well as a means of engaging with the brand. Many brands hold sweepstakes on social media, often exclusively, wherein the participant/user must do something such as follow and comment on the brand's social media, tag someone in the post, etc. But what if the participant/user is barred or banned from the social media sites on which the brand is promoting the sweepstakes? Social media sites are 3rd party sites when it comes to sweepstakes (i.e., they have nothing to do with the sweepstakes themselves), and these sites have their own Terms of Service which outline who is and isn't allowed to join their site, aside from and not in relation to the brand's own Terms of Service. Should the brand then provide an Alternate Means of Entry to make the sweepstakes fair to all of their users? Such as an email entry, for instance.

I've tried searching for this but can't find anything specific. There seems to be an assumption that anyone can join a social media site and that joining those sites is optional, not realizing that some sites bar/forbid certain individuals from having accounts on their sites via their Terms of Service, which makes it so those individuals are incapable of participating in the sweepstakes IF they want to abide by their Terms of Service.

Does anyone have answers or insights?

 

[Just Blue]

Many brands often have sweepstakes as a means of promoting their brand as well as a means of engaging with the brand. Many brands hold sweepstakes on social media, often exclusively, wherein the participant/user must do something such as follow and comment on the brand's social media, tag someone in the post, etc. But what if the participant/user is barred or banned from the social media sites on which the brand is promoting the sweepstakes? Social media sites are 3rd party sites when it comes to sweepstakes (i.e., they have nothing to do with the sweepstakes themselves), and these sites have their own Terms of Service which outline who is and isn't allowed to join their site, aside from and not in relation to the brand's own Terms of Service. Should the brand then provide an Alternate Means of Entry to make the sweepstakes fair to all of their users? Such as an email entry, for instance.

I've tried searching for this but can't find anything specific. There seems to be an assumption that anyone can join a social media site and that joining those sites is optional, not realizing that some sites bar/forbid certain individuals from having accounts on their sites via their Terms of Service, which makes it so those individuals are incapable of participating in the sweepstakes IF they want to abide by their Terms of Service.

Does anyone have answers or insights?

What kind of "insight" are you looking for? A way to bypass the TOS of a site you were banned from?

 

[ChrisR702]

I've not been banned from any of those sites because I've never joined them. I'm trying to figure out what the laws are regarding sweepstakes. More specifically, Alternate Means of Entry, No Purchase Necessary, and Other Forms of Consideration...and anything else that governs sweepstakes laws.

 

[Taxing Matters]

I've not been banned from any of those sites because I've never joined them. I'm trying to figure out what the laws are regarding sweepstakes. More specifically, Alternate Means of Entry, No Purchase Necessary, and Other Forms of Consideration...and anything else that governs sweepstakes laws.

I think a good place to start would the USPS guide to sweepstakes and lotteries. The basic rule is that if the sweepstakes organization offera a chance to win something of value then the organization must provide an alternate means of entry (AMOE) that doesn't require you to give it something of value to enter.

 

[ChrisR702]

I think a good place to start would the USPS guide to sweepstakes and lotteries. The basic rule is that if the sweepstakes organization offera a chance to win something of value then the organization must provide an alternate means of entry (AMOE) that doesn't require you to give it something of value to enter.

Yes, this is what I've found. But what I haven't found is if requiring someone to sign up on a 3rd party website in order to participate in sweepstakes is considered a purchase, even if there's is no exchange of money. Or if it violates something else within the laws governing sweepstakes, such as "other forms of consideration" (in order to consider someone they must hold a 3rd party account in which to perform an action).