While Official Rules must clearly and precisely outline the terms of the offer and the means of participation for a given promotion, it is critical that the Rules are written in a manner that renders them in complete conformance and compliance with the myriad regulatory bodies that govern promotions.  Among these regulatory groups are (roll over each bullet point below for more information):

• Federal Trade Commission
  • Charged with prevention of unfair and deceptive practices
  • Responsible for enforcing the doctrine of “equal dignity” so that non-purchasers have the same opportunities as purchasers
  • Oversees Official Rules, legal disclosures, support advertising, etc., to ensure clear disclosure

• United States Postal Service
  • Investigates anti-lottery law violations
  • Oversees requirements of Federal Deceptive Mail Prevention and Enforcement Act

• FCC
  • Oversees promotions which make use of any form of broadcast communication
  • Enforces FTC regulations as they impact the broadcast media

• U.S. Department of Justice
  • Charged with enforcement

• 50 Individual State Governments and their Attorneys General (along with literally thousands of local District Attorneys)
  • All states enforce their own anti-lottery laws and regulations as well as acting as “mini-FTC” regulators in their areas
  • Filing of certain promotions is required in certain states, including posting of Games of Chance Surety Bonds
  • There are individual state regulations on promotions offered via U.S. mail
  • Variations exist from state-to-state involving skill contests

• Consumer Challenges
  • Both individual and class action suits may be brought for perceived violations of governing laws or perceived unfair practices
    

• COPPA
  • Protects privacy rights of children under age of 13

• CARU
  • Expands COPPA oversight of advertising and promotions which target children

• Consumer Protection Bureaus
  • Protect consumer rights by investigating and acting on complaints filed

There are also individual industry regulations (e.g., Banking, Pharmaceutical, Petroleum, Tobacco, Alcohol, Insurance)

If a promotion includes any area outside of the fifty United States and District of Columbia, we must also consider regulations of the relevant countries.  Requirements may include such items as filing or registration of the promotion with government representatives, bilingual presentation, tax obligations, etc.

Plus, nothing is static; regulations may change from one promotion to the next.

All of the above is ample reason why a company seeking to run a trouble-free promotion needs to work with a promotion specialist who is experienced in satisfying legal requirements:
D.L. Blair.