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NONE: ONLINE-ADS>> e-mail list sponsorship, sweepstakes legality

ONLINE-ADS>> e-mail list sponsorship, sweepstakes legality

Carl Flansbaum (carl_at_planetcpub.com)
Thu, 19 Mar 1998 11:10:36 -0800

Hello All,

With the relatively recent discussion regarding e-mail lists advertising, I
thought I'd share my experiences. I also hope to get a little advice from
the legal eagles out thereึ

Cyber Cyclery is the host for over 200 e-mail lists (all dealing with
bicycling) with a total of approximately 25,000 unique subscribers. Seeking
a way to financial support the lists I came up with two options for each
list -- 1. Pay a yearly fee or 2. No fee required, but subscribers
encouraged to make voluntary one-time contributions ($25.00 U.S.).
Currently these contributions are encouraged in bi-monthly e-mail letters
and footer or header messages on all the mail.

Initially there wasn't much response to the idea, a handful of lists paid
the yearly fee and every so often I received a contribution. I therefore
looked into "advertising" on the lists, and while some companies were
intrigued, that was about it -- bicycle companies are still somewhat in the
"Well, we already have a website" stage. There also wasn't much interest
from Ad Network or other outside agencies I've worked with.

Realizing that it was going to be up to the subscribers themselves to help
support the lists, I got more aggressive in my attempts to encourage these
contributions. Part of this included getting "product sponsors", companies
that donated product that I could then give away to contributors in a
monthly sweepstakes.

While there's still a long way to go to where I'd like it to be, things are
working out much better than previously and I'm really happy with the
concept. It's a win-win for everyone. Product sponsors get exposure, I
receive some revenue to offset the costs of running the lists, and
subscribers not only help to support a resource they find invaluable, but
also get a chance to win the products that have been donated by the sponsors.

I'm not sure how this may help some of you that are looking into finding
advertising on your mailing lists, but it's a unique approach that's working
for me.

Now to my request for advice. I have talked with a few acquaintances in both
the legal and business fields regarding any problems I might run into with
this "sweepstakes", and no one seems to think it's a problem. However,
every so often I get inquires regarding this and I'd like to be as sure as
possible of there not being a problem. I know that a number of you have
questioned the legal implication of contests on web sites, so I thought some
of you may have comments. Should I for instance be calling this a "raffle",
a "sweepstakes" or a "lottery" or does it matter. Remember that making
these contributions is completely voluntary and has no impact on a person's
ability to use the mailing lists.

I will probably also be contacting a law firm that deals more specifically
in this arena, so if there are interested parties on this list, let me know
and I let you know what they say.

Thanks for your time.

Carl Flansbaum

------------------< Cyber Cyclery >------------------
http://cyclery.com/ info_at_cyclery.com
360.715.1288 P.O. Box 28208
360.715.0366 (fax) Bellingham, WA 98228
--------------< Internet Bicycling Hub >-------------

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