AMOE, Guide to Alternate Methods of Entry

What is AMOE?

AMOE stands for alternate method of entry (a m o e). It is an alternative, free way for users to enter a promotion without making a purchase. AMOE exists to ensure that no-purchase-necessary laws are followed, these laws are common in many countries (especially the United States).

Brands often conduct promotions to boost sales. They may offer a sweepstakes entry for each purchase of their product, hoping the chance to win a great prize will induce consumers to buy their product. However, requiring consumers to pay to enter a sweepstakes (i.e., purchasing your product) will most likely make your promotion an illegal lottery, which can get your brand in deep legal trouble and lead to a public relations nightmare. Having an AMOE offers a way for consumers to participate in your promotion without making a purchase, most often by allowing consumers to enter the promotion online, via mail-in entry, or other free methods.

Without an AMOE, your promotion may be classified as an illegal lottery, which can cause a litany of legal complications. It’s best practice to avoid this by ensuring that your promotion has an easily accessible free method of entry (a m o e).

Why Does My Promotion Need AMOE?

There are two main reasons why any promotion that requires a purchase to enter needs an alternate entry method.

1. In the United States it is illegal to require a purchase to enter a promotion where the winner is selected by chance.
   If you do not offer an alternative entry method, you could be subjected to fines or lawsuits. This can be costly and may result in the cancellation of your promotion. To avoid these complications, talk to a sweepstakes administrator like Realtime Media (RTM). Our in-house sweepstakes lawyers can counsel you and recommend proper procedures to ensure that your sweepstakes is legally compliant, including whether you need an alternate (free) method of entry (AMOE), and if so, recommending the best method given the details of your promotion.

1. AMOEs promote consumer inclusivity and help remove “consideration” involved in the entry process.
   Consideration is something of value that is exchanged between parties as the basis for a legally binding contract (e.g., purchasing a product in exchange for a sweepstakes entry). For your promotion to be considered legally compliant, there cannot be any element of consideration or payment that favors one person (or group of people) over another or gives a better chance of winning to those who are willing and able to pay to enter a sweepstakes or other game of chance. Including an AMOE allows you to run a promotion where some people will make a purchase but ensures that everybody who is eligible has a chance to win and receive sweepstakes entries. This creates a level playing field and encourages as many people as possible to participate.

How Does AMOE Work?

AMOE comes in different shapes and sizes. A free method of entry and the process to submit is specified in the sweepstakes official rules. An entrant will submit their information via a free method and will be entered into the promotion. It’s important to mention that the free method of entry must be fair (the legal concept of “equal dignity”) and must award a reasonable number of entries as compared with any paid method. For example, you should not run a promotion that grants 100 entries for a “paid” method when your free method grants only one. This would be deemed unfair to anybody not purchasing a product and would not qualify as a compliant alternate (free) method of entry (AMOE) and could subject you to legal action. Our legal team can help guide you on reasonable AMOE. Below are some of the most common methods of AMOE.

• Mail in entry: Entrants send a letter to an address specified in the sweepstakes official rules.
• Email entry: Entrants send an email to a dedicated AMOE address where entries are processed and added to the prize drawing.
• Online entry form: Entrants use an easily accessible link and complete an online entry form. Once their information is received, they are entered into the sweepstakes.
• Social Media: Some companies offer sweepstakes entry via social media. This can include user actions like commenting on a post or sharing content. Users will then be entered into the sweepstakes.

What Type of Promotions Need AMOE?

Some types of promotions do not require an AMOE. You do not need an AMOE if:

• Your promotion is a skill-based promotion, more commonly called a contest. One example is an art contest which is judged and scored based on criteria set forth in the official rules. Because the winner is not selected randomly, but rather is selected because of the quality of their artwork and other criteria set forth in the official rules (i.e., a skill), an AMOE is not required.
• Your promotion does not require a purchase to enter. If you are running a chance-based promotion that does not require a purchase (and does not require an entrant to perform an action that could qualify as consideration such as a lot of effort or time), then you do not need to provide an AMOE. An example of this would be an instant win game that does not require purchase to enter. All users have the same chances to win and thus, no AMOE is required.

AMOE laws differ by state and country. It is important to make sure every aspect of your sweepstakes follows the law. If you need assistance with AMOE or with your sweepstakes, contact our sweepstakes administrators at Realtime Media.

How Do I Add AMOE to my Promotion?

If you would like our help adding and managing an alternate method of entry (a m o e) for your promotion, reach out to Realtime Media. We have all sorts of solutions and can create and handle your AMOE for you. Our dedicated team of sweepstakes lawyers and fulfillment managers can ensure that every aspect of your promotion follows all applicable laws and is fully compliant. Avoid the headache of managing AMOE entries by yourself and reach out today!