Games of Chance Still Require an AMOE
It’s been a while since we talked about the “free entry method” or “AMOE” requirements for sweepstakes and other chance giveaways. If you work with us already, it’s probably been a point of conversation (more than once!). We know…not your favorite topic. But, it’s a big one.
And, we know it doesn’t make sense. We can’t think of many marketing plans that would openly offer a free method of entry, when the sole purpose is to encourage sales growth. But, the law is the law and this particular law is enforced on every level.
So, if you’re working with us, you’ll hear us talking about the AMOE (the “free” or alternate method of entry) requirement pretty much all the time. Here’s a few things you might hear from us - don’t shoot the messenger!
CONSIDERATION AND AMOE
We use this word a lot when talking about AMOE requirements. To be on the up and up, you’ve got to remove “Consideration” as your sole method of entry. So, what is it? “Monetary consideration” is any monetary contribution you are requesting of the entrant to earn and entry (membership fee, purchase of a product, etc.). “Non-Monetary Consideration” is any non-monetary contribution you are requesting of the entrant to earn an entry (writing a product review, taking an hour long survey, etc.).
REMOVE IT BY ADDING SOMETHING?
Yes! Technically speaking, consideration doesn’t need to be completely removed from your promotional structure. You remove consideration by adding a free method of entry. So, instead of having just one method of entry (i.e. making a purchase – Monetary Consideration), you have two (make a purchase OR enter for free). A free method of entry can be as simple as an online entry form or write in post card.
EQUAL (AND PROPORTIONATE) OPPORTUNITY
To ensure Consideration is completely “removed”, you have to keep it fair for everyone. For example, you can’t give the person who purchases 10 of your products 10 entries, but only allow people who choose not to purchase the opportunity to write in only once for a free entry. The person who writes in must also be able to write in 10 times to get his/her 10 entries.
As with any promotion, the rules are not always black and white. Your free method of entry may need to be tweaked depending upon how your promotion is structured. For example, if you are awarding prizes daily or weekly a write in method probably won’t work, logistically speaking. Contact us with questions and we’ll help you get the ball rolling!