The U.S. Postal Service is about to impose new mailing eligibility rules on direct mail sweepstakes operators.
Tuesday it published the series of rules it had adopted to implement the Deceptive Mail Prevention and Enforcement Act (DMPEA).The rules take effect May 4, three weeks after the DMPEA, signed into law by President Clinton in mid-December, kicks in.
The rules are almost identical to the provisions of the DMPEA.
Both prohibit sweepstakes solicitations from implying that they are from a government agency by using any name, series of letters, seals or insignia unless they clearly and conspicuously state that the mailer and its contents are not government related.
Solicitations containing facsimile checks are prohibited unless it is clearly indicated on those checks that they are “not a negotiable instrument” with no cash value.
Mailers of sweepstakes and contest offers are required to include their name, address and how they can be contacted, either by mail or toll-free telephone number; clearly understood contest rules; the number of anticipated entrants; the odds of winning; how winners are selected, by whom and their qualifications plus the quantity, value and nature of the prize; and a payment schedule of any monetary prize.
Under the new rules, sweepstakes and contest operators are also required to maintain “do-not-mail” lists.
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