Sweepstakes are a common occurrence in Florida, providing a popular pastime for adults and children alike. However, many people are unaware of the basic tenets of florida sweepstakes law in Florida, and because knowledge is power, we put together this guide to help you understand what plays into these games and when an innocent contest becomes illegal.
What Is Florida Sweepstakes Law?
Florida sweepstakes law revolves around Florida’s gambling laws, governing contests and other competitions that are used to promote a product or service. In general, any activity that involves a prize or is otherwise competitive and acts to promote someone’s products or services, qualifies as a sweepstakes under the law. However, these contests can get a little more complicated as they create not only an opportunity for unexpected cash, but also potential fraud. Because of this, the Florida legislature has established requirements for legitimate promos.
The Importance of Florida Sweepstakes Law
By understanding Florida sweepstakes law, you can avoid potentially expensive legal issues by hosting a legitimate activity. If you don’t comply with the requirements in Florida (and other states where you operate) for conducting such activities, you may face penalties, including:
- Prosecution of a misdemeanor or felony under Florida law
- Being subject to civil penalties
- Forfeiture of all prizes offered in the sweepstake
- Being forced to pay for the losses of any participant who was deceived by an illegitimate sweepstake
- Paying restitution to any victim who was harmed by an illegitimate sweepstakes
In 2014, Florida Attorney General Pam Bondi’s office put Big Fish Games Inc., a video game developer, through the ringer for falsely promoting a series of illegitimate online sweepstakes. She alleged that the online promo was just a false scheme to sell more products and that participants lost out in consumables they purchased to get ahead in the games.
Florida Sweepstakes Law and the Center for Applied Linguistics
The Center for Applied Linguistics (CAL) is an organization committed to improving Americans’ capacity to communicate. It addresses this mission by providing resources for learning languages and language education. One of the primary areas of focus for the organization is the distribution of foreign language materials to assist parents in acquiring and maintaining their native language. In order to do this, the organization partners with American schools and teachers to provide scholarships and support that increases the number of students who become proficient in foreign languages. However, getting the word out about these opportunities can be difficult, requiring the use of incentives like sweepstakes.
For example, CAL’s Startalk initiative provides intensive summer programs that help students learn critical languages and encourages teachers to continue their professional development. Because this language instruction is conducted in Maryland, teachers often come from around the country, so CAL uses a variety of methods to help people find out about the program. Knowledgable learners and teachers are important for the future of America.
Legal compliance in educational settings fosters the trust that is essential to teachers and learners alike. From a student or parent perspective, it encourages a good relationship with the school that can lead to better outcomes. From a teacher standpoint, the security of knowing that a program is legitimate means that there will not be an unnecessary disruption, like a court case, that takes them away from what they do best, which is teaching.
Florida Sweepstakes Law and Legal Insight
While legal insight isn’t something that many people consider when they think about how to develop and run a language program, the Center for Applied Linguistics makes it clear that understanding the importance of rule-based activities and ensuring compliance with those rules is essential.
Basic Compliance Tips for Language Programs with Contests
Schools that want to add excitement to their curriculum can do so by introducing games into the systems. However, if you want to do this, you need to make sure that your activities are actually lawful. Otherwise, your class could lose access to valuable funds. Here are a few tips for keeping your sweepstakes or contest within the confines of the law:
- Contact a lawyer to ensure the protections under Florida law
- Ensure that the activity does not require any purchases and is totally free to enter
- Clearly post the rules in the school so that everyone knows the terms
- Make it clear that you intend to place no obligation on anyone
- Keep a file of all entries in case the state comes to ask about your sweepstakes. That way, you can establish that the contest was set up in a fair way and all parties were aware of the rules.
Case Studies and Discussion
Thrillseeker, an online sweepstakes provider, faced legal issues under Florida law when it conducted a series of promos for iPads, gift certificates, other electronic equipment, and jewelry. Because there was not a free way of entry, the Florida Department of Agriculture and Consumer Services (FDACS) brought a class-action lawsuit against the company, securing a judgment of over $2.2 million.
The Role of Legal Education in Language Learning and Teaching
Students of law provide critical insights for educators and those who are involved in language learning programs. They bring in new technologies and innovations to keep curricula fresh and to help students learn. In addition, educators have valuable perspectives of their own. For example, knowing that language programs like CAL’s Startalk initiative are fully compliant with Florida law shows that these programs are thoughtful about their operations.
Online tools like the ones available on Tarabridals.com helps teachers plan programs that are beneficial for students while making sure that no one runs afoul of the law. For example, learnings from these cases help teachers develop good guidelines for their own programs.
Building Credibility and Encouraging Participation with Legal Compliance
If you’re wondering if implementing a program in the classroom or in your school is worth the extra time, consider what you would lose if parents sue or if you weren’t able to get the funding that you need. By complying with Florida’s sweepstakes law, you establish the credibility to attract students and teachers who are willing to grow. You get their participation, earn respect, and fulfill your mission.
For more information on legal compliance in educational settings, you can visit ed.gov.