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#1516690 - 03/02/11 09:31 PM Disneyland trip
QueenBB Offline
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TX
We are advertising a trip (up to $2,500) for airfare and accomodations to Disneyland, BUT the ad (in the paper and on posters) reads "Open a xxx checking account (with all of the account benefits listed)and Register to Win (and the details).....". In the fine print at the bottom, it says 'no account required to register". I believe this is not in compliance with a sweepstakes (in TX, by the way) because it appears to have a requirement of opening an account. Am I correct?

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#1516993 - 03/03/11 03:48 PM Re: Disneyland trip QueenBB
MoneyMaker Offline

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This is a confusing 'offer'. Big print says you must open a checking account....small print says you don't. If you require an account opening it is a lottery and probably not legal.
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#1517020 - 03/03/11 04:09 PM Re: Disneyland trip MoneyMaker
QueenBB Offline
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TX
You're right....big print says "open...and...register". Small print says no account required to register. I think it is misleading and NOT good. Because the small print states no account is necessary, will we squeak by? I feel it would be best to remove the part about opening the account. Of course, the whole purpose of the ad is to get people to open. Because the ad will appear in a newspaper and on posters, is there any legal to worry about?

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#1517030 - 03/03/11 04:14 PM Re: Disneyland trip QueenBB
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It is not misleading.

You must have a no purchase form of entering a sweepstakes, however, you are also allowed to have people enter by other means such as: Open an account and you are entered to win, make a deposit and you are entered to win, etc.

What you are not allowed to do is place different limitations on no purchase entries.

If you advertise, open an account and be entered to win, then go on to detail how to enter no purchase necessary, then that is fine.

For instance: Coca Cola always has those under the bottle cap games that you win free soda, etc. Everytime you buy a soda, you are entered. However, they also detail how to enter with no purchase necessary.

(Unless Texas State Law specifically says something different.)
Last edited by Bob The Banker; 03/03/11 04:15 PM.
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#1517052 - 03/03/11 04:33 PM Re: Disneyland trip Bob The Banker
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I think it is misleading. Most eyes will be drawn to the big print and not read the mouse print. Other industries may advertise this way but I don't think they regulated to the same level of scrutiny as banks are.
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#1517115 - 03/03/11 05:06 PM Re: Disneyland trip Dazed Auditor
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New York
We did something similar with Student accounts. We said "Open a Student Checking account and be automatically entered to win such and such...." Then we went on to say no purchace necessary, entry forms available at each branch location...etc. That way you still get the promotion for the account you are looking for, but you are a little more clear on the other way they can enter the drawing.

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#1517364 - 03/03/11 08:56 PM Re: Disneyland trip Dazed Auditor
Bob The Banker Offline
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Originally Posted By: Dazed Auditor
I think it is misleading. Most eyes will be drawn to the big print and not read the mouse print. Other industries may advertise this way but I don't think they regulated to the same level of scrutiny as banks are.

There is nothing misleading. It is a true statement. If you open a new account, you are entered to win. You are allowed to have entries like this as long as you also allow no purchase entries. It is a point blank, true statement: If you open an account, you are entered to win.

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#1518057 - 03/05/11 02:54 PM Re: Disneyland trip Bob The Banker
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Still seems to me some prospects will be disappointed....feel tricked...Can you afford to have that happen...even once?
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#1518119 - 03/07/11 02:05 PM Re: Disneyland trip MoneyMaker
Bob The Banker Offline
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Originally Posted By: Rick Wemmers
Still seems to me some prospects will be disappointed....feel tricked...Can you afford to have that happen...even once?

You are going too extreme though, because in the fine print it will say "NO PURCHASE NECESSARY", just like when you are advertising CDs for 1.00% for one year and then in the fine print it says you need a minimum deposit of $1,000.00, some customers will feel tricked because they only have $500.00 to open.

There is a reason you have the fine print at the bottom providing necessary information. Also, let's not be naive, consumers today are trained to read the fine print. Also, it is not like you are misleading them, opening an account does enter you. When they read the fine print, the first thing they read is "NO PURCHASE NECESSARY:" with an explaination of how to enter.

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