Does The Deceptive Mail Prevention And Enforcement Act Apply To Your Sweepstakes?

Sometimes even the slightest change in a sweepstakes can make a huge difference. Recently, a client who has sponsored numerous online sweepstakes decided to expand its marketing outreach by using direct postal mail. What the client didn't know was that promoting the sweepstakes via the U.S. Postal Service triggered application of the Deceptive Mail Prevention and Enforcement Act (DMPEA) which contains a sizeable list of items that must be included in the sweepstakes.

DMPEA, which has been around since 2000, was designed to protect consumers and in particular senior citizens from false or misleading advertising that causes entrants to buy products that they don't want or need. It also bars companies from mailing advertisements that make consumers believe they may have already won a prize. Despite the fact that the law is more than a decade old, there are sweepstakes creators who don't know what the Act requires because they seldom work with direct mail promotions.

DMPEA applies to any sweepstakes or contest that uses the U.S. Postal Service to advertise or implement the promotion. The Act prevents the misleading use of prizes that are designed to look like checks or government documents. It also prohibits the use of any advertising language that claims the promotion has been approved by a government agency or endorsed by any official government entity. The Act also allows recipients to have their names removed from receiving similar sweepstakes mailings from the sponsor in the future.

Other DMPEA requirements:

The statement "No Purchase Necessary" must be clearly and conspicuously displayed in the rules and on all promotional materials relating to the sweepstakes. Sweepstakes materials must state that a purchase will not increase an entrant's chance of winning. The sponsor must prominently disclose its name, address, and contact information in the rules and on all advertisements. Sponsors must provide a customer with a complete set of Official Rules for the promotion. Sponsors must disclose the number and approximate retail value of...