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Sweepstakes Assistance: A Caregiver's GuideMany consumers enjoy entering sweepstakes. Unlike many other games of chance, however, sweepstakes offer an opportunity to win a prize without having to buy anything. Sweepstakes have become an ingrained and even entertaining part of American culture. It is estimated that as many as 55 million Americans enter sweepstakes each year, with more than 15 million entering four or more times each year. By definition, a sweepstakes is an advertising tool by which prizes are awarded to participating consumers by chance and with no purchase or fee required to win. Most consumers understand that no payment is ever required to enter or win a legitimate sweepstakes: the overwhelming majority of people who enter sweepstakes do not purchase anything. In fact, according to major sweepstakes mailers, of more than 100 million entries returned in a two-year period, about four out of five entries were sent in without an order. Of concern, however, are a small number of consumers, especially some older individuals, who may have difficulty understanding that there is no need for them to place an order or give a cash donation to be eligible to win a sweepstakes. Some may even incorrectly believe that their chances of being a "big prize" winner increase with every purchase or contribution. These same consumers may also have difficulty understanding advertising messages that are unrelated to sweepstakes. We Are All Concerned Many reputable marketers and nonprofit organizations use sweepstakes to draw attention to their products and causes. Such companies and organizations want to build long-term customer relationships based on trust, value and convenience. And, just as all marketers do, those who solicit with sweepstakes appreciate frequent purchasers or givers. It's good marketing sense that they would want to cultivate customers who enjoy, welcome, and respond to the offers they receive. When a customer purchases an extraordinary amount, though, reputable companies may see this as a red flag that the person may not be acting in his or her own best interest. Legitimate marketers try to identify those purchasers who are making unusual, or an unusual number, of purchases in response to their promotions, and who may not clearly understand the "no purchase necessary" message. The same purchase amount that may be perfectly reasonable for one individual may be an extraordinary amount for another individual. That is why legitimate companies welcome assistance in identifying those consumers who may be making unwise purchase decisions. The Direct Marketing Association (The DMA) encourages caregivers, including relatives, friends, and social service professionals, to express their concerns regarding those consumers for whom they care or serve professionally. Legitimate marketers want your help in identifying individuals who may need assistance relating to sweepstakes participation.Have you found a Problem Purchaser? Adult children, friends and caregivers can come across signs that someone they know is confused about the offers he or she receives, and is making unwise or uninformed purchasing decisions. The following are signs that could indicate a problem:
Taking steps to assist someone in need can be a sensitive matter. If you have observed one or more of the above, there are ways you can be of assistance without compromising the independence or dignity of the person you wish to help. Remember that there is a big difference between entering a sweepstakes for the sake of enjoyment and the chance to win, and spending so much on sweepstakes that basic personal and household necessities are neglected. How can you tell the difference and what can you do to help? Questions You Should Ask Yourself: Are the purchases really foolish? Would you think the same behavior was okay, perhaps even charming, if done by someone younger or not as close to you? Are you reacting strongly only because of the age of the individual? Or, are you relying on your own sense of what is responsible and proper behavior simply because you wouldn't consider spending your own money that way? Is the person handling his or her own finances and other personal business adequately? Is the person really harming himself or herself? Has the person spent more than what should be reasonable for his or her own income to the point that there is debt and bills are falling behind? Is money previously allocated for significant items no longer available, or has there been a significant reduction in the person's quality of life? Is the person exhibiting a "gambler's mentality" based on an addictive-like belief that his or her luck will soon change for the better? Questions You Should Ask the Person You Care For: Here are some questions that could help you determine whether or not the person understands sweepstakes and is making informed purchase or giving decisions.
How Can You Help? If you believe you have identified someone who may need help, there are things you can do. Situations such as this can be so distressing and worrisome that some caregivers feel their only alternative is to take total control over the person's finances and mail. Keep in mind that taking over someone's personal affairs is a serious matter with legal implications. The process usually requires a court determination of incapacity and the appointment of a legal guardian. It is an expensive and time-consuming process that requires providing evidence that the person is unable to manage his or her own life and that this inability puts the person at risk. Another legal option some caregivers consider is to obtain power of attorney. However, power of attorney can only be granted by the person you are concerned about at the time the person was mentally competent to give it. Further, it can only be used to carry out that person's wishes, not yours. Therefore, this option may not be helpful in most cases because there is usually no reason to think that a person would make different decisions from those made in the past - even if those decisions are not always good ones. What often is the easiest, most viable approach is to build or act upon an already established trusting relationship with the person and to 1) actively help the person gain a better understanding of sweepstakes, 2) assist the person in changing present behavior related to sweepstakes, and 3) gain an agreement to openly discuss together future sweepstakes-related decisions. Actions You Can Take Everyone has a right to receive his or her mail from the U.S. Postal Service. With the person's permission, however, you can have his or her mail forwarded to your address. Otherwise, with the consent and cooperation of the individual you can:
Although you cannot, without a court order, take control of a person's finances or instruments of payment, you can:
If you find the person is more open to receiving information from someone other than yourself, you might:
Another step you can take is to partner with the companies themselves:
A New Federal Sweepstakes Law The DMA strongly supported the Deceptive Mail Prevention and Enforcement Act, which went into effect April 12, 2000. In addition, as of December 12, 2000, the new law allows caregivers of elderly or disabled individuals to more easily have those individuals' names removed from promotional mailing lists. The law strictly prohibits these false representations in sweepstakes promotions:
Before deciding whether or not to respond to a particular offer, consumers should review it to make sure that it meets the following legal standards:
A Word About Fraudulent Operators It is important to know that there are fraudulent operators, many of which pass themselves off as legitimate sweepstakes marketers, often using variations of names of familiar and respected companies. Typically, such operators contact consumers by telephone or mail claiming that they are holding a large prize and only need to collect taxes or a delivery fee before the consumer can receive the prize. Remember, a legitimate sweepstakes company will never require a purchase or payment of any kind to enter a sweepstakes or claim a prize. In addition, consumers should understand that making a purchase does not increase the odds of winning. In the case of suspected fraud, the Sweepstakes Helpline will refer you to the U.S. Postal Inspection Service or other appropriate law enforcement authorities. The DMA, the U.S. Postal Inspection Service, and Call for Action (a nonprofit network of consumer action hotlines working in partnership with radio and television stations) published a consumer booklet, Sweepstakes Advertising: A Consumer's Guide, which discusses the hallmarks of fraudulent sweepstakes offers as compared to those that are legitimate. A free copy of this booklet can be obtained by writing to The DMA at 1111 19th St., NW, Suite 1100, Washington, DC 20036. (Please include a self-addressed stamped business-sized envelope.) The booklet is also on The DMA's Web site at http://www.dmachoice.org/Sweepstakes/. A Final Note About Sweepstakes Sweepstakes promotions are common, and they are a particularly effective marketing technique because they get consumers to pay attention to a company's products, causes or services. Many industries such as charitable fundraising, consumer packaged goods, and publishers rely on them, thus producing hundreds of thousands of jobs in print-related industries. With sweepstakes, not only can consumers conveniently receive offers on many of the products they enjoy, but they can also think about the prospect that just maybe they'll be a winner of a big prize or large amount of money. After all, with a reputable sweepstakes, somebody always wins. Other Resources There are several organizations that could be of assistance to you if you are concerned about someone's participation in sweepstakes promotions, or broader issues concerning an older individual. The following is not an exhaustive listing of such organizations:
In addition, the following DMA member companies will assist you if you have a question or complaint or would like to request that your name be removed from their promotions:
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