by Al Fitch
Congratulations! You’ve received notice of a Grand
Prize win from a sweepstakes or contest. Now what?
First, do the happy dance including shouting, looking
silly and flash a big smile; you worked hard filling
out all those 3X5s and it has paid off!
The papers you receive via currier service or US Mail
is called an Affidavit (or Affy in sweeping terms).
The legal document is used by judging agencies to
determine your eligibility, release the sponsor from
liability and to obtain permission from you to use
your likeness in advertising. Therefore, the three
sections of the Affy are: Verification of eligibility,
Liability release and Publicity release. You should
also receive a copy of the official rules to be
certain you have read, understand and qualify
according to the rules.
After you fill out the entire affidavit, have it
notarized and send it back by the deadline you will be
the official winner.
Eligibility:
The first section contains spaces for you to fill in
your Name, Address, State and county of residence as
well as your social security number and info about
your employment. You provide this personal
information so that the Judging agency knows that they
have the right person, and that you, your immediate
family members or roommates do not work for the
sponsoring company. Your SS# is needed because the
federal government is notified of your prize win.
Yeah, Uncle Sam wants his share of your win! You owe
income tax on prizes of cash as well as goods and it
is counted as ordinary income for tax purposes.
Gambling wins at casinos and such are treated
differently and carry a higher tax rate. See your tax
preparer or CPA for info on what you owe for taxes
Liability Release:
In this section, you are agreeing not to sue the
company giving the prize away or the judging agency
for any harm caused to you by your acceptance of the
prize. You also agree that it is your responsibility
to obtain any insurance needed to protect yourself.
If you win a trip, this means that you (or your heirs)
can’t sue because of a rental car accident, plane
crash, act of God etc. In the event of a cash prize
win, I suppose this means you can’t sue after buying
merchandise that causes you bodily harm.
Publicity Release:
The publicity release simply states that the sponsor
can use your likeness in all media forms worldwide for
advertising purposes. Smile and hold that Dr. Pepper
high! The companies giving the prizes away can get a
lot more bang for their buck if they advertise their
good will across the world with print, television,
radio and internet advertisements of your win. You
agree that no further compensation is due you in the
event that the company chooses to use you for
advertising purposes. Other then Internet win lists,
I have not been used in advertising for any of my
prize wins to date.
After reading the paperwork, I suggest you photocopy
it so that you can have a blank in case you make a
mistake. The next step I take is to fill out
everything but the signature sections. You must get
this paperwork notarized by a notary in order for it
to be accepted by the Judging Agency. Bring your Affy
to a notary, which you can find at your local bank,
town hall, or even your local pharmacy (ask around
town). Sometimes you are asked to pay a nominal fee
for this service but I have found that my Pharmacy
manager doesn’t ask for a fee, nor does our official
at the town hall. If you have to pay, get a receipt.
You can use it as a deduction on your taxes.
After it is signed and notarized, get another
photocopy for your records. Now it is time to send it
back to the Judging Agency. Use whatever return
envelope was sent with the Affy or secure your own
envelope from a currier such as Fed Ex, UPS or the
Post Office. Get receipts for this and for peace of
mind, pay a little extra for tracking (if you are
using the Post office). I believe it comes standard
with Fed Ex and UPS.
I usually make a call to the JA to determine that my
Affy was received on time. At this time, it is ok to
ask a couple of questions about expected delivery date
of the prize. Write down the name and phone number
including extension of the person you talk to. Try to
only deal with this person in any future
communications regarding your prize.
Finally, write a thank you note to the sponsor and if
you like the person who helped you at the Judging
Agency. You prize could arrive the following day,
week or it could take a few months to a year to
receive your prize. Be patient and enjoy your prize
when you receive it!
Sweeping 101
