View Full Version : Monthly give-away?
Go Fish duo
03-19-2009, 05:55 PM
Hi to the Admin of this site! Great job running one of the better music forums on the internet! My gripe is this...You guys have these fantastic monthly give-aways(another aspect of an already great place...), but they're only valid for legitimate residents of the US! Your killing me here! And this months give-away prize is awesome! Cue:tears;dummy spit;stamping foot on ground!
I guess I already know the answer to this one...money! that's what It all boils down too. If someone OS wins the prize, there's freight to consider, and just to give you an idea how much the freight would be for items like this month's prize, to be delivered down-under, check this story out...
A cpl of months ago, we ordered a CD of samples from a place in the US, the package, a regular CD in a crystal case, inside a small parcel post bag, arrived in four days(amazing really...we live a day away from everything here in OZ, so if you take that into account...)anyway, to cut a long story short..the freight was $35!! That's in OZ currency! Boo hoo! I'm dying here!
35bucks to ship a 2oz. parcel half way around the world?
OK..My point is?...oh yeah..er..erm(clearing throat..)
So, do I feel left out? Do I feel sad? Do I feel motivated to post awesome threads? Do I..(rah..rah..I'm sure you get the picture..)
I could be wrong here..there may be other factors I'm unaware of that forbid sending prizes OS...who knows? Anyway, I have a suggestion that may alleviate some of the apparent unfair-ness of the system to OS ppl...maybe you could offer the prizes COD? The reciever pays the freight! That at least gives us poor b****** a fighting chance?...Some kind of motivation?...A sense of fairness?..Equal opportunity?
Have a nice dat!( er..day..)I audio get outta here!(oops sorry, I mean I orta' get outta' here..not aorta, that's a medical term..doh!
bob
sabianq
03-19-2009, 08:24 PM
Hi,
so i did some cursory research on sweepstakes law...
apparently, (and i did not know this) all sweepstakes offered here in the US are subject to some relatively strict state and federal laws.
and it looks like there might be Unnecessarily Risk Lawsuits or Regulatory Action to entities that do not follow state and federal sweepstakes laws:
here (http://audioforums.com/giveaway.php) is the information page and it looks like Sweetwater.com is playing by the rules..
the general guidelines are as follows:
A sweepstakes is a promotion in which a prize is awarded to a participant on the basis of chance, not skill. That prize can be monetary or non-monetary, such as free product or a trip. The sweepstakes sponsor cannot require people to purchase a product or to invest “considerable” time or effort in order to enter the sweepstakes.
All sweepstakes must have official rules and those rules CANNOT change once the sweepstakes has begun.
(here is the first strike, the rules are already set in place so it is illegal to change them)
Official rules must contain the following kinds of information:
* A “No purchase is necessary” statement
* Start and end dates
* Eligibility requirements (age, residency, and a list of those excluded from participating)
* Methods by which people can enter the sweepstakes, including a “no purchase” method, such as a 3” x 5” postcard
* A description of the prize(s) and the monetary value
* How the winner(s) will be selected and notified
* Restrictions on receiving the prize(s)
* The sponsor’s name and address
These are only the most basic considerations. Your sweepstakes will also be subject to federal and state laws, which can vary greatly.
strike two:
federal laws:
The FCC (federal communications commission may regulate technology that can be exported to other countries)
so by not letting non-us residents be eligible, Sweetwater is just covering their as..,
a rule like this can save this wonderful company huge legal issues.
I would think that while it may seem upsetting and unfair that some people are not eligible for prizes,
i would hope that the mere presence of such a great informative fourm has value in itself.
Yes, the contest is a great perk for us residents,
and it really helped get sweetwater promoted.
I must say that it would be sad in todays economy if sweetwater went through a litigation
because of an inadvertent breaking of an FCC rule.
the FTC (Federal Trade Commission) even has regulations that can restrict
sweepstakes rules for foreign contestants.
The Federal Trade Commission (FTC) for alleged false claims,
unfair or deceptive acts or practices and violations of privacy laws and data practices laws
The USPS:
The United States Postal Service (USPS) for false advertising and violation of postal requirements
Counterfeit stuff:
The Food and Drug Administration (FDA) for alleged false advertising, claims substantiation, labeling violations, misbranding and adulteration
If something needs to get recalled?
The Consumer Product Safety Commission (CPSC) for product recalls
and Strike Three:
federal regulations that say the contest has to follow state laws:
(which is a whole nother' can o' worms)
State attorneys general (NAAG) and county district attorneys for allegations of unfair business practices,
false advertising, and violations of local and state business regulations and privacy laws
I hope that you can see that in reality Sweetwater would LOVE to expand the contest to everyone..
only their hands are legally tied.
(gotta love this free country)
so i gotta say that it sucks..
but we really do hope that you stay around.
as you seem to be a wealth of unrealized contributions.
Thank You for playing..
:)
Go Fish duo
03-19-2009, 09:48 PM
Great post as usual! Well..that settles that little issue! he he! Well at least it doesn't mean we can't talk about it..
So, does Sweetwater's 'give-aways' constitute a sweepstake? If so, it appears that the rules could be contravened...take a look at this
A sweepstakes is a promotion in which a prize is awarded to a participant on the basis of chance, not skill. That prize can be monetary or non-monetary, such as free product or a trip. The sweepstakes sponsor cannot require people to purchase a product or to invest “considerable” time or effort in order to enter the sweepstakes
Aren't prizes here at AF allocated to persons who contribute a certain quantity of meaningful posts? Where's the "chance" in that? And, doesn't someone have to go to considerable "time or effort" to create such posts? To me, thats a contravening of the law(if the quote from you sabianq is an actual quote of the law...not that I doubt you sabianq for a second...I guess all I'm saying is, I'm not a lawyer, and I have no knowledge or experience dealing with this particular US law)
I'm OK with your explanation sabianq really...and no, I wouldn't dump this place on the strength of not being eligible for prizes(slurp, drool, fidget, guffaw..)...I might end up with a slight head twitch, or a lazy eye(ha ha just kidding!..) or something everytime I look up at that header though!
Anyway, how am I going to compete with the awesome posts you submit sabi? This month's prize has got your name written all over it! Hey, maybe you could send me a postcard of you holding your new gear? Don't forget to smile in the piccy! I'll put it on display using one of those fridge magnets..yeah that'll be awesome! Nah..only joking mate! Really, I appreciate your explanation, and I hope you realize I'm only having a little fun with you! Have a great day! (or is it actually night there?..) bob
sabianq
03-19-2009, 10:26 PM
Hola!
So, does Sweetwater's 'give-aways' constitute a sweepstake?
absolutely, anytime a company gives away something here in the united states, that company must follow the laws and rules that state, local and federal entities outline.
on the other side:
it is not "regulatable" (is that a word?) if an individual not affiliated with a company gives away his or her bike in a raffle.
but even raffles by non-profit entities are subject to federal and state regulations.
but, here are the sweetwater rules you are talking about.
You must have submitted at least five (5) posts since you signed up on the site. In other words, new members are not eligible to win until they have submitted five posts.
five posts total is easy to gain entry.
You must have submitted at least two (2) of those posts in the current month. In other words, to win the February prize, you must have submitted at least two posts in February. To win the March prize you need to come back and enter two posts in March. And so on... Anyone with two posts in a given month is eligible for that month's giveaway.
and here^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
two meaningful posts a month?
seriously?
funny!
just checkout the list of winners. that thread proves beyond a shodow of a doubt that the prizes are given out randomly.
http://audioforums.com/forums/forumdisplay.php?f=45
some months, i am not eligible as i frequently go for long periods of time without posting squat.
Hehe...
I have yet to see a moderator reject a post because it lacks "meaning"
Obviously, if you are a spam bot, selling DVD decoders then you might have your posts scrutinized.
LOL
you know, I would bet that more“considerable” time or effort goes into filling out a couple of 3x5 cards with an address and a stamp in hopes of winning that refrigerator i saw on a contest that came in the mail.
there are numerous sweepstakes and contests going on here that i am not eligible for.
and i am sure that Australia has similar regulations. i would bet that there are plenty of contests going on over there that i or many other members here are not eligible to enter but you are...
Yes, i did win once, a Jimi Hendrix guitar modeling software set.
(shhh, dont tell anyone, but i still haven't really used it yet as i don't play guitar)
and it was a really silly post, i cant remember what it was about but it was really off topic if i remember right.
:)
Go Fish duo
03-19-2009, 11:31 PM
Hi sabianq, yes you are probably right about the Aussie rules and regulations, I'm sure we have the same kind of thing happening here as well. Fanx for taking the time to talk..much appreciated! Gee, I hope my second grade attempts at humour are seen as somehow meaningfull! ha ha! Catch ya on the boards!
bob
sabianq
03-19-2009, 11:56 PM
Gee, I hope my second grade attempts at humour are seen as somehow meaningfull! ha ha! Catch ya on the boards!
bob
I am sure they would be...
Cheers!
robertruetz
03-20-2009, 08:42 AM
I would agree with Sabi that just the information provided is enough of an incentive to keep coming back to the forums. You'll get information here that some of us have paid (time and money) to learn on our own. I have gotten countless pieces of advice that I have applied professionally and personally to my audio production. The prizes are a relatively (in a global sense) new introduction to this forum. I think it is a bit of well-deserved self-promotion for Sweetwater, and a great little perk to boot. I'm sure they would open it up to the entire world if it were within their power to do so. However, the lawyers and lawmakers rule this world, and they say, "no."
Rob
:cool:
Audiodude
03-20-2009, 04:01 PM
Wow...
I'm the one behind the giveaway and I didn't even know all that. Thanks as always for the very thorough and informative post.
olabaz
03-22-2009, 07:55 PM
Lol, I'll post here until I'm 100 years old, but I'll win....
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