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Writer's pictureCherie Britton JD

I Won! I Won?

You are surfing the net and you get a pop-up that reads “you won” some contest even though you do not recall entering a contest. You ignore it and move on the website you want to check, then comes an ad for a sweepstakes to be an immigrant in the Unites States (a more obvious scam). You still ignore this and went on to check your email. However an unknown entity sends you a message and urges you to pick up your hefty prize as soon as possible. Are you going to bite? You recall that at one point in your life you have entered a contest. Did someone else enter the contest on your behalf? How can you tell if it is legitimate or not?

A sweepstake or contest scam is defined by its tell-tale signs of a fraud. Knowing these signs saves you from falling into the trap of scammers:

1. Never Entered One. If you get an email that says you won but the contest and company are both unfamiliar to you and you know very well that you did not enter such contest, that is a dead giveaway that the contest is a scam. It is a glaring scam if they tell you that it is a lottery win and you know for a fact that you did not even buy a lottery ticket. Another dead giveaway is a foreign lottery. It is illegal to sell foreign lottery tickets across the borders, and most lotteries have jurisdictional requirements.

2. Email Address. Check the sender’s email address. While some legitimate contests announce winners via email, you will want to make sure that you are getting the real thing. Big legitimate contest organizers use corporate email accounts, not free emails from Yahoo, Gmail, etc., but it is possible that small businesses sponsoring contests will use free email accounts. If this is the case, then watch out for other indicators.

3. No Name. The email or notification sent to you does not have your name. Is either says “Dear Sir/Ma’am”, or addresses you by your email address (example: Attention: youremailaddy@yahoo.com”). It also makes you wonder whether this email was sent in bulk to other possible victims.

5. Typos. A reputable company is cautious of typos and make sure there are none before sending out emails or letters. Scammers don’t pay much attention to such details; their goal is to get it out fast and to as many since not every recipient will fall for their scam.

6. Pay to Get Prize. Supposed contests organizers require you to pay fees up front before you can participate or receive your prize. Some will require you to wire money via Western Union. Why Western Union? Because it can be picked up anywhere, tracing the recipient and getting your money back is not possible. Except for prizes that require the payment of taxes for hotel or port fees, winners of legitimate contests pay their taxes directly to the IRS when they file their regular return. Taxes are never paid to contest organizers for the simple reason that they do not have the taxing authority.

7. Bank Information. It is a big red flag right in front of you if the supposed contest organizer is asking for your bank account information so they can make a direct deposit; legitimate contest organizers do not do this. The only sensitive information a legitimate contest organizer may require is your Social Security Number – and that comes only after you have won the contest, not as a prerequisite to join the contest.

8. Counterfeit Check. Some scammers send counterfeit checks with the notification in attempt to make you believe that the contest and the win are legitimate. It is a crime to cash fraudulent or counterfeit checks; you could end up in prison, be asked to pay fines and have your bank account closed. Legitimate contests normally require winners to submit an affidavit, usually for a prize more than $600 in value, to determine your eligibility to receive the prize.

9. Sense of Urgency. Scammers want you to act immediately, as if it is urgent that you get your prize. They apply this pressure on you before you could even realize that you are being defrauded. While most contest organizers will require a reply within a fixed period of time, a winner is pressured to act with such urgency.

Verify the authenticity of the email or notice. Call the company’s office by looking up the number online or using a phone book. It is not advisable to call the number provided in the email or notice; chances are it is the number of the scammer and his cohorts, and speaking to them will defeat the purpose of verification. Go online and type on your search bar the company and the names given in the email or letter. If the contest is legitimate, you are likely to get information; if not, you will probably see reviews or feedback from other people who have been scammed by the names that appear on your email or letter. ConsumerFraudReporting.org is a website that maintains a list of names and aliases commonly used by scam artists, examples of scam emails, and a list of legitimate lotteries.

You can report scammers to the Internet Crime Complaint Center (also known as IC3, an inter-agency website run by the National White Collar Crime Center and the FBI), the Federal Trade Commission, and local police. The United States Postal Service entertains complaints regarding fraud by mail, particularly those originating in the country. Complaints may be made online, by phone, or in person. Phonebusters investigates sweepstakes fraud perpetrated by Canadian companies. The name of Publishers Clearing House (PCH) is often used by scammers posing to be from this company. If you suspect a fraudulent email from PCH, you can report it to their Abuse Team at abuse@pch.com or call them toll-free at 1-877-3SWEEPS (1-877-379-3377) Monday through Friday, 8:30 a.m. to 5:30 p.m. PCH’s website also have guidelines for the public so that they can distinguish what’s authentic from a sham.

It is everybody’s dream to win a contest and get something for free, especially if the prize is expensive. If we are cautious, this dream won’t turn it into a nightmare.

This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.

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