Are there any restrictions on the use of “contests” or “sweepstakes” in advertising?

Yes, there are restrictions on the use of “contests” or “sweepstakes” in advertising in California. These types of promotions must comply with the applicable state and federal laws and regulations, as well as any applicable local laws. In general, advertisers must provide a clear and conspicuous disclosure of the rules of the contest or sweepstakes as well as any applicable additional disclosures. This should include the method of selecting winners, deadlines, eligibility requirements, how to enter, and any prizes associated with the promotion. Advertisers must also ensure that any contest or sweepstakes is operated fairly, without any type of manipulation or fraud. Furthermore, any prizes must be given out as promised, and for any tax-related implications, the winner is usually responsible for any applicable tax liabilities. Finally, if the contest or sweepstakes is advertised digitally, such as on social media, it must abide by applicable consumer protection laws, such as the Online Privacy Protection Act (OPPA). At the end of the day, it’s essential for advertisers to understand and adhere to the laws and regulations of contests and sweepstakes in California in order to protect their brand, their customers, and themselves.

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