Legal Services
Promotions laws are very complex. In the U.S., there are
federal and postal regulations and each state has different laws
governing how sweepstakes and contests can be run. Knowing the law
is vital to running your sweepstakes and contests and protecting
yourself from liability, especially since
most insurance companies will not cover you if you run your own
sweepstakes or contest.
Site Systems makes it easy to protect
yourself and run a successful promotion.
We are experts at running promotions. We have managed hundreds of
sweepstakes, contests and promotions in the US, Canada and around
the world with full rules and regulations for clients like 20th
Century Fox, Hyatt, Nissan, Shell Oil, GM, Energizer, Dollar
General, K-Mart and Honda.
We know what it takes to make your promotion legal, and we know how
to improve the performance of your sweepstakes or contest to ensure
success.
How do we protect you and your promotion?
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In over 30 years, we have had
zero legal challenges to promotions run by
Site Systems.
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We are so confident in our services that
we assume full liability for any sweepstakes or
contest we run for you.
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We are hands-on experts at creating, running and
managing sweepstakes, contests and promotions.
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We have run hundreds of successful promotions since
we were founded over 30 years ago.
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Our rates are up to 75% less expensive than the big
law firms.
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Site Systems provides
access to our licensed attorneys who have over 30
years of promotions expertise.
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We are promotions experts. We understand the complex state
and federal laws that govern sweepstakes and
we know what it takes to make your promotion a success.
What Legal Services Do We Provide?
We provide the full range of sweepstakes administrative, legal
and technical services so you have everything you need to run a
successful sweepstakes. We give you the information and advice
you need on how best to run your sweepstakes and access to legal
counsel to ensure that your promotion is compliant with all
applicable laws.
Strategy
We are experts at running successful, legal
sweepstakes. We provide concept development, prize
structure planning, execution management and
strategic guidance to maximize the results of your
sweepstakes.
Full Legal Indemnification
We will take full liability for all of our
sweepstakes work. We provide full indemnification to
you for all of the sweepstakes services we provide
(unless, of course, you disregard our
recommendations.)
Drafting Full Rules and Regulations
We will draft the Official Rules for your
sweepstakes to comply with all applicable laws.
Independent Judging & Arbitration
Site Systems will act as the
third party independent judging organization for
your sweepstakes. We will interpret rules and make
fair and impartial decisions if issues arise and we
will arbitrate any consumer complaints or inquiries.
This will protect you. By designating
Site Systems as the third party
independent judge in the Official Rules of the
sweepstakes you (and more importantly your entrants)
agree that if an issue or complaint arises,
Site Systems will decide how
best to proceed. Courts have upheld that decisions
by third party independent judges are binding and
this limits your entrants from suing if a problem
occurs.
Winner Documentation and Validation
Site Systems will draft and
deliver the winner validation and release documents
for your sweepstakes (such as the Congratulations
Letter, Affidavit of Eligibility, Advertising and
Publicity Release, and the Prize and Travel
Releases). We will receive the completed paperwork
from the winners and complete the validation process
to verify each winner’s eligibility in the
sweepstakes. We will then store and file all winner
affidavits in compliance will all applicable laws.
Background Checks
Winners can generate great PR for your company, they
can also pose a significant PR nightmare when they
have criminal records.
Site Systems can investigate
the background of your winners to determine if you
should promote them in the press and in your
advertising.
Tax Filings
You are responsible for reporting (and sometimes
withholding) winnings for winners who receive $600
or more in prizes. Site Systems
will prepare and issue the appropriate IRS tax forms
to all applicable winners and will withhold and
submit the appropriate winnings and documentation to
the IRS if required.
Web Site Privacy Policies and Terms & Conditions
Site Systems legal group can
help you draft the required privacy policy and the
terms and conditions for your sweepstakes website.
Marketing to Minors COPPA & CARU Compliance
Site Systems provides the
information you need to comply with the
Children's Online Privacy Protection Act (COPPA)
and the Children's Advertising Review Unit
(CARU) of the Council of Better Business Bureaus
which restrict sweepstakes directed at children.
Sweepstakes Legal Review
We provide information and advice on how best to run
your sweepstakes and access to legal counsel to
ensure that your promotion is compliant with all
applicable U.S. federal and state laws, Canadian and
provincial laws and international laws.
Sweepstakes Insurance Coverage
Most business insurance will not cover your company
if you run into trouble while running a sweepstakes.
But if you work with
Site Systems, we will take on
that risk. All of our services are covered under a
comprehensive Professional Liability Insurance
policy which is expressly designed for promotions
marketing and sweepstakes. Our insurance covers all
of the services and materials we provide.
Advertising Review
We will provide you will the mandatory legal
language, abbreviated rules and the required
disclaimers for all of your advertising materials
(print, radio, television, web, etc.). We will then
review all of your advertising, media and materials
to ensure that they are consistent with the
promotional offer and with all federal and state
regulations.
State Registration and Bonds
In the U.S., the states of Arizona, Rode Island, New
York & Florida all have regulations requiring
registration of sweepstakes or contests under
certain conditions. In addition, if the total prize
value of your sweepstakes is over $5,000, separate
surety bonds for the total value of all prizes are
required in New York and Florida.
Site Systems will manage the
registration and filing of your promotion in each
state and acquire the appropriate surety bonds (or
if eligible, file a surety bond waiver request) so
that all of your state filing requirements are
covered. We also handle
international filings and bonds too.
Third Party Winner Selection
How do you ensure customers and courts that your
sweepstakes was fair? By having
Site Systems pick your winners.
As an independent party,
Site Systems has no incentive
to pick your “best” customers so we will ensure that
your winners are picked fairly and impartially. To
pick your winners, Site Systems
will compile all of the sweepstakes entries and
complete a supervised, impartial, random drawing to
select the winners.
Winners Lists
You are required by law to provide a list of winners
to all who request it. Site Systems will create an
independent, certified official winners’ list for
your sweepstakes and fulfill all winners' list
requests.
Data Security and Document Retention
In the U.S., each state has different data security
and document retention laws that must be followed
when you run a sweepstakes. In addition, documented
procedures need to be followed to adhere to the law
and limit liability. Site Systems will securely
manage your sweepstakes and data and maintain the
appropriate documents so you don’t have to worry.
Regulated Industries
Site Systems legal group can
help you navigate the promotion laws to ensure that
your sweepstakes is compliant with regulated
industries and products, such as banking, gasoline
and alcohol.
CAN-SPAM Compliance
In the U.S., sweepstakes emails must comply with the
CAN-SPAM Act. Site Systems will
ensure that all of the email communications for your
sweepstakes comply with the rules set forth by the
CAN-SPAM Act.
What International Legal Services Do We Provide?
Running sweepstakes in multiple countries can be very complex;
each country, state and province has different legal
requirements. Site Systems has run
sweepstakes in countries all over the world and we can help you
run a successful sweepstakes that is legal in all of the
countries where your customers live. Our international legal
services include:
International Strategy
We help you structure your sweepstakes to appeal to
consumers in your target countries. We also work
with you to determine which countries pose a higher
legal risk for your promotion and require local
counsel in those countries to review the
sweepstakes, advertising and the official rules.
International Legal Review
Site Systems legal group has
relationships with lawyers in all of the major
countries in the world. We use our legal group's
experience to structure the sweepstakes and draft
the official rules to be compliant in all of your
countries. We then clear the promotion, and the
advertising with foreign counsel in each of the
appropriate countries.
International Registration and Bonding
Each country, state and province has different
legal, registration and bonding requirements.
Site Systems will determine the
requirements and will manage the registration and
filing of your promotion in each country and acquire
the appropriate surety bonds for your sweepstakes.
Translations
Official rules, affidavits, correspondence and other
media must be translated for use in non-English
speaking regions. Site Systems
provides legal translation services by qualified
native speaking translators to ensure that your
materials are consistent in all languages.
European Union Privacy Safe Harbor Certification
European Union member countries (plus Iceland,
Norway, and Liechtenstein) prohibit the transfer of
personal data from European Union member states to
non-European Union nations, including the United
States, that do not meet the European standards for
privacy protection. The US Department of Commerce -
in consultation with the European Commission -
developed a "safe harbor" that enables US
businesses to avoid prosecution by European
authorities under European privacy laws.
Site Systems can help you get
certified under the Safe Harbor program to protect
you from EU prosecution and to ensure that EU
organizations know your business provides the
appropriate privacy protection required by the EU.
International Tax Filings
In the US, you are responsible for reporting and for
withholding winnings for winners who are foreign
nationals. International companies must also comply
with tax filing requirements in the countries in
which they reside. Site Systems
will help you determine the tax requirements for
your international sweepstakes and manage the
required filings and withholdings for you.