Legal Services
Promotions laws are very complex. In the U.S., there are federal and postal
regulations and each state has different laws governing how sweepstakes and
contests can be run. Knowing the law is vital to running your sweepstakes and
contests and protecting yourself from liability, especially since most insurance
companies will not cover you if you run your own sweepstakes or contest.
Site Systems makes it easy to protect yourself and run a successful promotion. We are
experts at running promotions. We have managed hundreds of sweepstakes, contests
and promotions in the US, Canada and around the world with full rules and
regulations for clients like 20th Century Fox, Hyatt, Nissan, Shell Oil, GM,
Energizer, Dollar General, K-Mart and Honda.
We know what it takes to make your promotion legal, and we know how to
improve the performance of your sweepstakes or contest to ensure success.
How do we protect you and your promotion?
- In over 20 years, we have had zero legal challenges to promotions run by Site Systems.
- We are so confident in our services that we assume full liability for any sweepstakes or contest we run for you.
- We are hands-on experts at creating, running and managing sweepstakes, contests and promotions.
- We have run hundreds of successful promotions since we were founded over 20 years ago.
- Our rates are up to 75% less expensive than the big law firms.
- Site Systems provides access to our licensed attorneys who have over 20 years of promotions expertise.
- We are promotions experts. We understand the complex state and federal laws that govern sweepstakes and we know what it takes to make your promotion a success.
What Legal Services Do We Provide?
We provide the full range of sweepstakes administrative, legal and technical
services so you have everything you need to run a successful sweepstakes. We
give you the information and advice you need on how best to run your sweepstakes
and access to legal counsel to ensure that your promotion is compliant with all
applicable laws.
Strategy
We are experts at running successful, legal sweepstakes. We provide concept
development, prize structure planning, execution management and strategic
guidance to maximize the results of your sweepstakes.
Full Legal Indemnification
We will take full liability for all of our sweepstakes work. We provide full
indemnification to you for all of the sweepstakes services we provide (unless,
of course,
you disregard our recommendations.)
Drafting Full Rules and Regulations
We will draft the Official Rules for your sweepstakes to comply with all applicable laws.
Independent Judging & Arbitration
Site Systems will act as the third party independent judging organization for your
sweepstakes. We will interpret rules and make fair and impartial decisions if
issues arise and we will arbitrate any consumer complaints or inquiries. This
will protect you. By designating Site Systems as the third party independent judge
in the Official Rules of the sweepstakes you (and more importantly your
entrants) agree that if an issue or complaint arises, Site Systems will decide
how best to proceed. Courts have upheld that decisions by third party independent
judges are binding and this limits your entrants from suing if a problem occurs.
Winner Documentation and Validation
Site Systems will draft and deliver the winner validation and release
documents for your sweepstakes (such as the Congratulations Letter, Affidavit of
Eligibility, Advertising and Publicity Release, and the Prize and Travel
Releases). We will receive the completed paperwork from the winners and complete
the validation process to verify each winner’s eligibility in the sweepstakes.
We will then store and file all winner affidavits in compliance will all
applicable laws.
Background Checks
Winners can generate great PR for your company, they can also pose a
significant PR nightmare when they have criminal records. Site Systems can
investigate the background of your winners to determine if you should promote
them in the press and in your advertising.
Tax Filings
You are responsible for reporting (and sometimes withholding) winnings for
winners who receive $600 or more in prizes. Site Systems will prepare and issue
the appropriate IRS tax forms to all applicable winners and will withhold and
submit the appropriate winnings and documentation to the IRS if required.
Web Site Privacy Policies and Terms & Conditions
Site Systems legal group can help you draft the required privacy policy and the
terms and conditions for your sweepstakes website.
Marketing to Minors COPPA & CARU Compliance
Site Systems provides the information you need to comply with the Children's
Online Privacy Protection Act (COPPA) and the Children's Advertising Review Unit
(CARU) of the Council of Better Business Bureaus which restrict sweepstakes
directed at children.
Sweepstakes Legal Review
We provide information and advice on how best to run your sweepstakes and access
to legal counsel to ensure that your promotion is compliant with all applicable
U.S. federal and state laws, Canadian and provincial laws and international
laws.
Sweepstakes Insurance Coverage
Most business insurance will not cover your company if you run into trouble
while running a sweepstakes. But if you work with Site Systems, we will take on that
risk. All of our services are covered under a comprehensive Professional
Liability Insurance policy which is expressly designed for promotions marketing
and sweepstakes. Our insurance covers all of the services and materials we
provide.
Advertising Review
We will provide you will the mandatory legal language, abbreviated rules and
the required disclaimers for all of your advertising materials (print, radio, television,
web, etc.). We will then review all of your advertising, media and materials to
ensure that they are consistent with the promotional offer and with all federal
and state regulations.
State Registration and Bonds
In the U.S., the states of Arizona, Rode Island, New York & Florida all have
regulations requiring registration of sweepstakes or contests under certain
conditions. In addition, if the total prize value of your sweepstakes is over
$5,000, separate surety bonds for the total value of all prizes are required in
New York and Florida. Site Systems will manage the registration and filing of
your promotion in each state and acquire the appropriate surety bonds (or if
eligible, file a surety bond waiver request) so that all of your state filing
requirements are covered. We also handle international filings and
bonds too.
Third Party Winner Selection
How do you ensure customers and courts that your sweepstakes was fair? By having
Site Systems pick your winners. As an independent party, Site Systems has no
incentive to pick your “best” customers so we will ensure that your winners are
picked fairly and impartially. To pick your winners, Site Systems will compile
all of the sweepstakes entries and complete a supervised, impartial, random
drawing to select the winners.
Winners Lists
You are required by law to provide a list of winners to all who request it. Site
Systems will create an independent, certified official winners’ list for your
sweepstakes and fulfill all winners' list requests.
Data Security and Document Retention
In the U.S., each state has different data security and document retention laws
that must be followed when you run a sweepstakes. In addition, documented
procedures need to be followed to adhere to the law and limit liability. Site
Systems will securely manage your sweepstakes and data and maintain the
appropriate documents so you don’t have to worry.
Regulated Industries
Site Systems legal group can help you navigate the promotion laws to ensure that
your sweepstakes is compliant with regulated industries and products, such as
banking, gasoline and alcohol.
CAN-SPAM Compliance
In the U.S., sweepstakes emails must comply with the CAN-SPAM Act. Site Systems
will ensure that all of the email communications for your sweepstakes comply
with the rules set forth by the CAN-SPAM Act.
What International Legal Services Do We Provide?
Running sweepstakes in multiple countries can be very complex; each country,
state and province has different legal requirements. Site Systems has run
sweepstakes in countries all over the world and we can help you run a successful
sweepstakes that is legal in all of the countries where your customers live. Our
international legal services include:
International Strategy
We help you structure your sweepstakes to appeal to consumers in your target
countries. We also work with you to determine which countries pose a higher
legal risk for your promotion and require local counsel in those countries to
review the sweepstakes, advertising and the official rules.
International Legal Review
Site Systems legal group has relationships with lawyers in all of the major
countries in the world. We use our legal group's experience to structure the
sweepstakes and draft the official rules to be compliant in all of your
countries. We then clear the promotion, and the advertising with foreign counsel in
each of the appropriate countries.
International Registration and Bonding
Each country, state and province has different legal, registration and
bonding requirements. Site Systems will determine the requirements and will
manage the registration and filing of your promotion in each country and acquire
the appropriate surety bonds for your sweepstakes.
Translations
Official rules, affidavits, correspondence and other media must be translated for
use in non-English speaking regions. Site Systems provides legal translation
services by qualified native speaking translators to ensure that your materials
are consistent in all languages.
European Union Privacy Safe Harbor Certification
European Union member countries (plus Iceland, Norway, and Liechtenstein)
prohibit the transfer of personal data from European Union member states to
non-European Union nations, including the United States, that do not meet the
European standards for privacy protection. The US Department of Commerce - in
consultation with the European Commission - developed a "safe harbor" that
enables US businesses to avoid prosecution by European authorities under
European privacy laws. Site Systems can help you get certified under the Safe
Harbor program to protect you from EU prosecution and to ensure that EU
organizations know your business provides the appropriate privacy protection
required by the EU.
International Tax Filings
In the US, you are responsible for reporting and for withholding winnings
for winners who are foreign nationals. International companies must also comply
with tax filing requirements in the countries in which they reside. Site Systems
will help you determine the tax requirements for your international sweepstakes
and manage the required filings and withholdings for you.