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Where are the legal limits on CPA giveaways deception?

Discussion in 'CPA' started by pablog80, Dec 20, 2016.

  1. pablog80

    pablog80 Newbie

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    I know the issue posted like that is a bit wide, so I will bring it down to a narrower scope in order to get clear answers to my situation

    I am intended on starting some CPA campaigns using content lockers. The incentive to fulfill the locker will be the possibility of winning tickets on draws to several different shows and similar stuff. And I highlight the possibility, since I do not promise the ticket as such, but rather getting in the list for a supposed draw that will take place on an unspecified date. Obviously, there are no tickets nor draws anywhere.

    I am not concerned at all about my account on the CPA network since I have seen they already provide landing pages for Iphone 7 and more similar giveaways. I am more concerned about:

    1) The purely legal consequences I might run into for deceiving into believeing there is a draw. Is such a thing liable to being taken to court in any form? I live in Europe, if that is any relevant info.

    2) The legal consequences of upsetting the "brand owners" of the tickets, i.e. L.A. Lakers, Snoop Dogg, or whoever you are offering the ticket draws about.

    3) I am considering the possibility of including some smallprint link to a TOS where I state the draw is taking place in 2023 and some clauses of that type. Does that make sense? Is there any legal support anywhere for IM where you can seek advice in order to cover your back properly instead of guessing out?

    4) I have read a lot about this subject in this forum, and one of the sentences I more often read is "cover your tracks". This makes me think that to some extent you can fall under prosecution. I know fairly well how to "cover my tracks" but I am not sure if this means the same for me than for other people. Any thought on this?

    Thanks in advance for your help
     
  2. Jason Starkey

    Jason Starkey Regular Member

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    This is a rather complex situation. The laws are different in almost every state, country, and continent. In most cases it is illegal. Dont take advice here on it, look up the actual laws yourself for accurate answers on this topic. I did, and you should too.

    If you cant make enough money off the offer to truly give something away, then the niche is crap and you should find a more profitable scheme basically
     
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  3. Alchemizt

    Alchemizt Regular Member

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    Simple answer: Terms and conditions. No one reads them. Spell everything out in a clear yet long winded manner and make acceptance a condition to participation. Use your wording carefully in your offer and if you think you are really gonna make some money have a lawyer look over everything in advance. Just don't blatently lie to people and you are OK. No bait and switch just clear cut terms and conditions that most people won't bother to read and most likely wont be able to meet.
     
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  4. g3lux

    g3lux Junior Member

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    You may say in the terms that "this isn't a real giveaway, this is for marketing and display purposes only, you will not win the prizes showed on our pages". and inform that if they provide information via survey (completing an offer) they are freely giving information to third party companies. And that you are not storing.
    I understand you, its quite deceiving but one of the easiest ways to start earn money online with CPA/CPI.
    And for trademark logos / company logos, if you atract much attention you should be fine. also don't use domain with "trademarked company name in it" like apple, sony, you get the idea.

    As far as legal matters, you can declare your earnings has marketing online with website, you work for a company. I don't think you have to show your ways of marketing. I earned about 700$ but didn't declare any of it or paid tax. I will try again CPA, and if i earn good amount might pay taz just to not have problems
     
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  5. bartosimpsonio

    bartosimpsonio Jr. VIP Jr. VIP Premium Member

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    Just investigate how those sweepstakes do it. You never win and they keep sending you junk for years if you continue their game.