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Legal Question...Help.

C

checkingout

Guest
Consultant wants this contest. We tell listeners that they can win up to $500 every hour. If they are the correct caller they win a gas card. Then if they identify the "mystery artist of the hour", they can win up to $500. My problem is, rarely, do we will the $ be $500. Almost every time it's only $50-$100 if they name the "mystery artist". Yet, he wants us to say "you can win up to $500 EVERY hour." But, that's not true. You cannot win up to $500 every hour. I hope I am clear on this. My GM wants to do it, but this seems wrong.
 
Been there, done that, have the t-shirt to prove it. The days of $500,000 annual budgets are gone. Group owners are becoming more and more cheap almost daily and this is the crap that you must either come to accept or look outside of this industry.

I've done the same type of promotion, "The Ten Thousand Dollar Secret Sound." The problem is that the listener needed to specify the particular sound, i.e: uncooked rice falling on aluminum foil. I'm not kidding. The prize... $1,000! There were ten total prizes budgeted for $1,000 each. I believed this contest to be deception. Lost the argument to an out of town consultant and a Johnny-come-lately GM that only remained at the cluster for a total of three months.

Sadly, this has become the state of the industry.

Make sure your rules are bullet-proof, clearly spelling out the details of the giveaway including the premise of the contest, the number of prizes, and the methodology for prize giveaways. Use your website to help clear up the terms of the contest by offering additional details that the on-air promo doesn't. Provide the official contest rules at the studios AND on the website (if you don't do this already.) The on-air promo may be ambiguous but remember to dot the I's and cross the T's in your contest rules and you will be fine. The contest rules are your legal framework of your promotion and provided you stay outside of the "lottery" parameters of the FCC, what you as the station has to say goes.

I understand the ethical quandary that you're facing. I've done broadcast promotions for fifteen of the best years of my life. Eventually, the smarmy requests from unethical consultants and poorly qualified General Managers led me to look elsewhere for challenging careers. There is life outside of radio. Hang in there.
 
Koolaid says it best about rules. The keys are make sure your rules are clear, and easily accessible. Those who actually pay attention to rules will appreciate the honesty.

At the end of the day, don't make it your GOAL to fool your listeners.
 
And make sure you CYA by having your station's legal counsel sign off on the promotion, as well as your GM. IN WRITING! Doing so has saved my life more than once!
 
Since I am not a lawyer, and I do not play contests except for the once per two decades try for a couple of movie tickets or a CD having a retail value of $17.99 or something, my questions would have to include the tax ramifications - on the part of the station, as well as on the part of the winners when dealing with prizes in that $500 and up range.
 
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