Game Promotion
The Department of Consumer Protection regulates contests, game promotions and sweepstakes under the Unfair Trade Practices Act.
The Act states that it shall be an unfair or deceptive act or practice for any person to engage in any kind of contest, sweepstakes, giveaway or other game promotion which: 1) is deceptive or misleading as to the chances of winning, the number of winners, the value of the prize, or the availability of the prize; 2) Requires any kind of entry fee, service charge, purchase or similar consideration in order to enter; and 3) uses publications, literature, written or verbal promotion that is false, deceptive, or misleading.
It shall be an unfair or deceptive act or practice for any person to conduct a game of skill, conditioned on payment of consideration, without clearly and conspicuously disclosing that rules, terms, or conditions of participation, the date when the game will terminate and prizes that will be awarded.
It shall be an unfair or deceptive act or practice to represent that a person is a “winner,” has been “selected,” or is otherwise involved in a select group for receipt of a prize or opportunity, or that a person in a select group for receipt of a prize or an opportunity, or that a person is entering a “contest” sweepstakes,” “drawing” or other competitive enterprise form which a winner or select group of winners will receive a prize or opportunity, when in fact, the enterprise is simply a promotional scheme designed to contact prospective customers, or all or a substantial number of those “entering” receive the same “prize” or “opportunity.”