Date: |
Saturday, April 1, 2000
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Question/Topic: |
Contests void in Florida.
Internet sweepstakes.
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Answer/Pointer: |
We receive questions on this particular topic quite often.
The St. Pete Times (Feb. 24, 1998 edition) had a good
article which explains why some sweepstakes and contests
are void in Florida. I'll copy and paste this for you below.
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February 24, 1998
Series: ACTION
Florida has strict sweepstakes rules
By NANCY PARADIS
Section: FLORIDIAN
Edition: 0 SOUTH PINELLAS
Page: 2D
Estimated Printed Pages: 3
Index Terms:
COLUMN
Article Text:
I was surfing the Internet recently and looked at some
sweepstakes offered there. I noticed that a large percentage
of the sweepstakes and contests are void to Florida residents.
Is this because we have the lottery? If not, why are
Florida residents prevented from playing these sweepstakes?
Rich Whittle
Response: After speaking with the Florida Department of
State Division of Licensing, which handles sweepstakes
registration, and also several sweepstakes sponsors, here's
your answer, and it has nothing to do with the lottery.
It is a violation of Florida statute 849.094 (e) to require
an entry fee, payment or proof of purchase as a condition
of entering a sweepstakes. Since accessing the Internet is
considered a cost, any sweepstakes you found there that does
not offer an alternate means of entry, such as sending a
card or calling a toll-free number, is illegal in Florida.
That takes care of some of the sweepstakes you found on the
Net.
Florida law also requires that sweepstakes' sponsors fill
out a form and pay a $100 fee to register with the state
seven days before the start of the contest. The sponsors
also must post a surety bond or establish a trust account
for the value of the prizes being offered. Not all sponsors
can or want to comply with these requirements.
As you surfed the sweepstakes' offerings on the Net, you may
have noticed that many that are void in Florida are also
void in New York and Rhode Island. These two states also
have more stringent requirements for sweepstakes sponsors.
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If you would like to read the Florida Statutes on this, you
can find them online at:
http://www.leg.state.fl.us/citizen/documents/statutes/index.html
From here click on 1999 Florida Statutes (Full Volume).
Then click on TITLE XLVI.
Then click on Chapter 849 - Gambling.
Then click on Chapter 849.094.
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Librarian: |
SLF
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