Is this legal?

diggingforgold · Sep 3, 2005

http://www.tigerdirect.com/sectors/backtoschool05_sweep/sweepstakes_rules.asp

You may earn additional chances to win by making purchases...

Tiger direct is increasing the probability of winning to people who purchase certain products (by giving them additional entries). I was always under the impression that doing such is illegal when dealing with sweepstakes.

Law:

Sweepstakes must disclose:
That a purchase is not necessary to enter, and will not improve the chances of winning. These disclosures must appear in the mailing, in the rules and on the entry form and be very easy to find, read and understand;

I remember this was one of the topics brought up during one of the ocforums fund raising discussions (before inet takeover). Yet now I'm seeing tigerdirect do this... isn't this illegal?

David · Sep 3, 2005

I think it is legal, not sure.

4. Entry: There are three ways to enter.

• Automatic entry with any purchase from TigerDirect.com (orders by phone or internet qualify) during the promotional period. Making a purchase will not increase your chances to win, however, the sponsor is offering multiple sweepstakes entries with the purchase of certain products as indicated on our website and in our catalog. The specific products may change from time to time during the promotional period based on availability of those products.

• Access the TigerDirect.com web site at www.tigerdirect.com , either directly or by clicking on the icons, banners, text links, or other advertising on TigerDirect's partner web sites. For one entry into the drawing, simply complete the sweepstakes registration form and hit the submit button. All entries must be complete with your legal name, zip code, and email address. By registering you agree that you would like to receive more information about TigerDirect.com and its affiliated partners . (You may opt-out of the receipt of such information at anytime by following the instructions in the email or as indicated on the web site). You need enter only once per day by accessing the web site and following the Sweepstakes directions. Entries must be received and recorded by Sponsor's computer by 11:59:59pm October 6, 2005(EST). Any other attempt at Internet or email entry is void. You may earn additional chances to win by making purchases or by “Referring a friend”. Enter daily to increase your chances of winning the Daily Prize. Limit one entry per address per day.

• Mail completed entry including legal name, address, city, state, zip code, telephone number and email address on a mailable post card and send to “TigerDirect.com Back To School '05 Sweepstakes Mail-In Entries”, 7795 W. Flagler Street Suite 35, Miami, FL 33144, postmarked by 10/5/05 and received by 10/6/05. Limit one entry per address per day as postmarked.

No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible entries or email; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion, or technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.

diggingforgold · Sep 3, 2005

Problem is they state that purchases will not increase chances to win (they must state that by law), yet a few paragraphs below they state that making a purchase will increase chances to win.

Do we got any lawyers in here?

9mmCensor · Sep 3, 2005

yeah Flounder is.

austinbmxnig · Sep 3, 2005

Does it matter either way? lol

diggingforgold · Sep 3, 2005

Yeah it matters, simply because it's Tiger Direct

. I will never buy another thing from them again, but I don't mind taking advantage of a sweepstakes if they offer one. I don't think it's right for a company to do something illegal in order to put those who aren't customers at a disadvantage on a sweepstakes.

Mr.Guvernment · Sep 3, 2005

they are contradicting them selves - but bottom line - if they werent

it is their promotion / their rules - they can do as they like.

i have seen many promotions where the more you play / buy the more entries you get - makes sense to me - reward your more precious customers.

diggingforgold · Sep 3, 2005

Mr.Guvernment said:
it is their promotion / their rules - they can do as they like.

In the US, it's considered gambling if you pay for a chance (or more chances) to win.

JTanczos · Sep 3, 2005

Which is why most contests have a "No Purchase nessesary. Write for a contest entry"

I think weapon is one too. I am not sure if he deals with this area of stuff.

I wouldnt enter a TD contest and I esp wouldnt buy entries to there. I dont trust them.

JT

TekeTorvo · Sep 3, 2005

Remember a few years back when the Publishers Clearing House got into so much trouble because they made you buy magazine subscriptions to "Increase" your chances of winning. It IS illegal in the US to make someone buy an item to enter, or better your chances of winning a contest.

But don't try to email them. I have emailed them on 5 different occasions about their products, and I have yet to get an answer. In return, I have yet to buy a product there.

I emailed my Lawyer for fun. I will let you know what he says.

LutaWicasa · Sep 3, 2005

Yes, it's perfectly legal. Buying something doesn't increase the chances of any given entry to win but gives you more entries

diggingforgold · Sep 3, 2005

Sneaky how they word it. Grrrr...

JTanczos · Sep 3, 2005

Isn't that how it always is those Diggingforgold? One word could change the whole interpretation of the whole page.

JT

Mr.Guvernment · Sep 3, 2005

diggingforgold said:
In the US, it's considered gambling if you pay for a chance (or more chances) to win.

it depends -

in some states gambilng is legal - if the amount spent can result in fixed amount award - if the amount of the prize can vary based on diff. variables - then no, it is illegal - but other wise - example - online poker - the winnings are often a set or a determined prize amount, so this is why some states allow online poker, while other dont cause they are clueless.

TankGuys · Sep 4, 2005

I was under the impressesion they could tack entries to your purchases; i.e. for each purchase you get a free entry.

However, they must also allow you a free entry everytime you submit a written request to have one for free. I'm certainly no expert, but that's what I thought.

Is this legal?

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