The following is provided for information purposes, and not meant to be legal advice.
Sweepstakes rules should be clear and conspicuous to the participants and should not be changed in mid-promotion. Factors used to determine whether disclosures are clear and conspicuous include: proximity, prominence, repetition, duration, understanding by intended audience.
The Federal Trade Commission has announced in the past, standards for making disclosures when advertising on the Internet.
Advertising for sweepstakes should be consistent with the rules, including messages relating to "no purchase necessary", value of the prizes, and odds.
Sweepstakes rules might consider:
1. Fraud clause that allows sponsor to disqualify those who abuse the sweepstakes - Example: Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the web site, or is otherwise in violation of the rules. Sponsor further reserves the right to cancel, terminate, or modify any sweepstakes not capable of completion as planned, resulting from infection by computer virus, bug, unauthorized intervention, or technical failures of any sort.
2. Printing, typographical, other errors - Example: If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
3. Affidavit of eligibility and compliance with rules
4. Disclaimer of liability for lost, late, misdirected mail or entries, mutilated or illegible entries
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