The view is a little more abstract. The exact legal definition of consideration varies from jurisdiction to jurisdiction, but the essence of this element is that if you have to pay money or give something of value to participate in the draw, there are considerations. “Everything of Value” may even contain contact information that you want to use for marketing! As I said, the exact legal definition may vary depending on where you are, but a good rule of thumb in determining whether there is a consideration or not is whether the participant should devote time or effort that will benefit the proponent. In order for your sweepstakes or contest gifts to remain legal, you must avoid distorting any of the above things. You must also keep all promotional materials for gifts, entry materials and information about prize winners for at least four years. Lotteries are illegal in most states unless they are operated by state governments. So, if you want to run a gift or contest, you need to make sure that it doesn`t fall into the “illegal lottery” category. A sweepstakes generally consists of three elements: By accepting a prize, the entrant agrees that its content will be considered rental property under U.S. copyright laws, but if this is not the case, the entrant irrevocably transfers all right, title and interest in its content to the Sponsor. including, but not limited to, all copyrights and trademarks that the Participant may have in the United States and worldwide, for review, the receipt and sufficiency of which are hereby acknowledged.
The Entrant hereby waives in favor of the Sponsor any “Moral Right” or “Moral Rights of The Authors” or similar rights or principles of law that the Entrant may have in its Content now or in the future. The Sponsor reserves the right to change, modify or modify the Winning Content in its sole discretion. At the request of the Sponsor, the entrant will sign and deliver the additional deed of assignment that may be deemed necessary only by the Sponsor to prove ownership of the rights, title and interest in and to the content and copyright transferred and the “moral rights of the authors” waived under these Official Rules. The Sponsor`s failure to make a request for assignment as indicated will not be considered a waiver of the Sponsor`s rights and the Sponsor may apply for assignment at a later date. All Submissions become the property of the Sponsor and will not be confirmed or returned. Given the complexity of the external requirements related to these competitions or games, the CLA has engaged the Executive Director (“DE”) and/or the Associate Executive Director (“AED”) to be the association`s experts2 in terms of compliance with laws, registrations and other requirements necessary for these activities. They are available to any CLA group that wants to enjoy competitions or games, providing advice and guidance on best practices. Volunteers who are considering using competitions or games are encouraged to contact the Executive Director or Assistant General Manager, either directly or through their Section Coordinator or other internal team link, as soon as possible to discuss the competition or game that may be most effective given the requirements, schedules and history of association with different approaches. To make sure your gift is legal and that all of your comments and promotional materials comply with California law, it`s a good idea to consult an experienced attorney. The vocabulary surrounding gifts, contests, sweepstakes and lotteries can be confusing.
But the language you use can be crucial to keeping your gift legal. Some important terms to remember: Trip price conditions: When a trip is awarded, the actual value of a trip may vary depending on the point of departure and other considerations. Any difference between the approximate retail value indicated and the actual value of the prize will not be awarded and will be specified in these Official Contest Rules. The choice of accommodation and other pricing features is at the sole discretion of the Sponsor. Meals, gratuities, baggage fees, hotel incidentals and any other travel-related expenses not listed herein are the sole responsibility of the winner and his/her guests, if any. Travel for the granted trip must take place on the specified dates and/or within the specified timeframes and is subject to schedule and availability, alternative travel dates are not specified. If the winner(s) of the prize winner(s) is not available for travel on the dates indicated, the specified prize will be forfeited and may or may not be awarded to one or more alternative prize winners at the sole discretion of the Sponsor. Specific travel dates and arrangements may be subject to availability, whether provided or not. The winner and guests, if any, must travel on the same itinerary. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER COUNTRY OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVELLER IF THE WINNER IS A PARENT OR GUARDIAN OF THE MINOR. ALL YOUTH MUST BE ACCOMPANIED BY THE MINOR`S PARENTS OR GUARDIANS AT ALL TIMES DURING TRAVEL (INCLUDING, BUT NOT LIMITED TO, BOARDING, HOTEL STAY AND ALL PRIZE-RELATED EVENTS).
Customers must sign and return a travel authorization before a ticket for travel is issued. The winner and guest must have all required identification and/or travel documents (e.g., a valid U.S. driver`s license) required to travel. In accordance with applicable laws, international travelers must have a government-issued passport, if a winner does not have or cannot obtain a passport within the time associated with the prize, the winner will be disqualified. The Sponsor is not responsible for any cancellations, delays, diversions or replacements, acts or omissions of any kind by hotels, event operators, carriers, prize providers or other persons providing prize-related services or accommodations. Additional details on the award ceremony and travel information provided to the winner at the time of notification. The winner and all guests must complete and return the relevant forms and approvals. The winner must sign a prize acceptance form, provide information to their travel guests, a W-9 form, an affidavit or proof of eligibility, and a liability/promotional exemption (if permitted) signed by the winner and the travel guest. Prize winners and guests are also responsible for purchasing travel insurance (and any other forms of insurance) in their sole discretion and hereby acknowledge that Sponsor has not purchased or will not purchase or offer any travel insurance or any other form of insurance. Unclaimed prizes will not be awarded.
Certain travel restrictions and blackout dates may apply. All airfares, ground transportation, meals, utilities, tips, phone calls, baggage fees, travel insurance, and applicable taxes (including, but not limited to, all local, state, and federal taxes) and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the Travel Package is cancelled or unavailable, postponed or cancelled, the Sponsor will not assume any other responsibility for that part of the Prize and the Prize will be awarded without the item being included in the same itinerary. If concerts or other events with tickets have been awarded as part of this package and the concert or event is postponed, rainy, cancelled or does not occur for any other reason beyond our control, the Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for delayed, lost, damaged or stolen baggage. All tickets provided are subject to certain conditions specified therein, and seats are determined solely by the Sponsor. The Sponsor is not responsible for travel delays, flight cancellations or difficulties. If delays, cancellations or travel difficulties prevent the timely arrival of all elements of the trip, the Sponsor is not responsible for providing compensation on its behalf.