Huh? Did I get your attention with the title above? Good.
The information below is not meant to be incorrect or misleading, but I want
you to know that it could be. I am NOT an attorney, nor have I ever played one on
TV, and since I'm an iced-tea-totaller, I never even visit my local bar!
So take all of the information below as a starting point in your contemplations
about whether you should organize or enter an essay contest; then go out and
consult an attorney, who can let you know where you really stand. Several of
the states' attorneys' general have issued opinions that they personally don't
feel that an essay contest would be legal in their respective states, but keep
in mind that these are just opinions. To the best of my knowledge, those
opinions have never been tested in any court of law. Your attorney might read
the same law, usually a lottery gaming statute, and tell you that he/she feels
confident that he/she could structure a contest that would not violate those
laws.
Most states define a lottery as an enterprise in which a prize is
awarded on the basis of chance for which consideration
(usually money) is given. If you are planning to sell your home/business/vehicle
by means of an essay contest, there will definitely be a prize and a consideration
(the entry fee). So chance is the only variable that you need to control to try
to differentiate your contest from a lottery. Here are some opinions as to ways
I would do that:
- Don't hold any type of random drawing. Resist the temptation to award a prize
to one of the first 500, 1000, etc. entries in an attempt to get people to mail
in their entries early. Face the fact that 95% of the entries that you will
eventually receive will arrive within the last few weeks of your contest.
Live with that fact and just keep promoting the heck out of your contest. And
have faith in your continued hard work.
- Select a panel of essay judges before the contest begins. Select folks that
would be considered by the general public (or a judge) to be very qualified to
handle the job: English teachers, published authors, newspaper reporters/editors,
experts in a field that makes up the theme of your contest, etc. If they've retired
from those professions, so much the better, because that will allow them plenty
of time to review the entries. When the time comes to start the evaluations,
invite them over to your home, make them a nice spaghetti dinner, and then
leave them alone to discuss the essays. It would probably be best if you and
your spouse do not get involved in that aspect. Rotate the menu (stay away from
serving turkey - it makes the judges sleepy!), but stay out of their way. If
the question ever comes up later on, as the owner of the property, you
don't want to ever be accused of unduly influencing the judges should great
Uncle Alphonse just happen to write the best essay. You'll probably have many
such dinners during the judging process. Oh yes, plan to pay each
of the judges an honorarium for their time, irregardless of whether your
contest is successful.
- Publish the criteria for judging right up front in your rules, and then
print up judges' scoring sheets based on that criteria. On what percentage
will creativity be judged? Presentation? Grammar and spelling? (if at all)
Sincerity? Validity of topic? Etc.
- Publish a minimum and maximum number of entries that will be accepted to
award the prize. This way you meet the requirements in those states that
request that entrants be informed of the odds of winning.
- Give yourself some breathing room. You might fall just short of the number of required
entries by the date that the deadline rolls around. In that case you might want to
announce a deadline extension of 60 or 90 days to allow for more entries to arrive (with
additional publicity provided by you, of course). Announce the possibility of an extension
right up front in your rules before you even start the contest. That way, you'll have few, if any,
complaints if you have to exercise the extension perogative.
- Commit to the contest. Your home should NOT be under any real estate sales contract
at any time during the contest. An essay contest shouldn't be considered a safety net just
in case your realtor can't find a buyer. If you advertise the contest and get folks
writing essays (or planning to) and sending in entry fees, you'd better have a darn good
reason for cancelling the contest before the deadline, because you may have to explain
it to the Attorney General's office if they start receiving complaints! Unless the
real estate or vehicle prize is destroyed by fire or storm, once an essay contest starts,
it should always go to completion.
Okay, we've already decided that you are going to hire an attorney before
starting your contest. If your prize is real estate, you're going to need him/her for
the closing anyway! And we've agreed that all of the information on these
pages is presented in good faith "as-is" and that I am not responsible for
anything that you do with it or if it causes you flu or brain damage. Good,
then let's move on.
On May 10th, 1998, I wrote a letter to every state attorney general inquiring about
any statutes that might regulate or restrict essay contests. Below is a
synopsis of the responses that I received. Just select the state in which you are
interested. Not all have arrived yet, and I'm still reviewing some that did; so if your state has no hypertext reference yet (i.e., it isn't underlined),
just be patient and I'll eventually get to it (if I do receive a reply).
Back to EssayContests.com
Copyright 2002 by Mark Samwick, Wilmington, NC. All rights reserved.virtually
yours
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