Contests & Promotions

News & Analysis as of

#SMH-butnotacontestorsweepstakes – Check Your Online Promotion Hashtag Or Face Scrutiny From The FTC

As we have reported before, the Federal Trade Commission requires the disclosure of any “material connection” offered in exchange for an online endorsement or post in their Online Endorsement Guidelines. Now, they are...more

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a...

In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Draft FDA Guidance on Real-Time Promotional Statements Made Via Social Media

In January 2014, the US Food and Drug Administration (FDA) gave the pharmaceutical industry another glimpse of its thinking on social media marketing. The agency’s draft guidance, titled “Fulfilling Regulatory Requirements...more

Prize Promotions Across the World (Global)

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a...more

Now on deck: The law behind sports trading cards promotions

Because sweepstakes and contests are such a popular marketing strategy, many industries develop promotions specifically tied to their products. For the world of sports trading cards, one popular promotion is the “box break.”...more

What Do You Get When You Cross March Madness With Insurance?

A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in...more

Can a grab bag be a sweepstakes?

When I hear the words “grab bag,” I think about stores that used to stock plain wrapped packages labeled as either for “boys” or “girls." For a dollar, you could choose one of these packages without knowing what it contained....more

What is the message of the film "Nebraska" for sweepstakes creators?

“Does your dad have Alzheimer’s or something?” “No, he just believes what he is told is true” “That’s too bad.”...more

German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle...

According to its press release, the German Federal High Court (“BGH”) decided on 12 December 2013 (1 ZR 192/12) that Haribo was allowed to advertise raffles in which only customers who bought specific products were allowed to...more

Creating an in-house incentive contest? Don’t forget the rules

If you create sweepstakes or contests, you understand that having a comprehensive set of official rules is essential. But what about a contest that is part of an incentive program for a company’s employees, dealers, or...more

Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions...more

Online prize promotions, restrictions might be waived

Promotions offering prizes in kind or in cash are subject to considerable regulatory restrictions in Italy, but such restrictions could become an easier issue for foreign EU websites and companies running promotions on social...more

Employee's Retention of Separate Counsel in Radio Station Prank Death Suit Ruled Unnecessary -- Fee Claim Rejected

In Carter v. Entercom Sacramento LLC, the California Court of Appeal for the Third Appellate District decided a case involving a fee claim made by an employee. The fees were generated in litigation that arose from a fatal...more

Advertising News & Analysis - October 17, 2013

In this issue: - Venable Opens Bay Area Office - District of Columbia, 48 States Reach $30 Million Settlement with Buying Club Marketers - The Government is Open. Now What? - Sweepstakes and...more

Like the Weather, Facebook’s Promotional Rules Have Changed

If your company or clients run contests or sweepstakes on Facebook, you need to be aware that Facebook recently changed its promotional guidelines (“Guidelines”), yet again....more

Gaming Legal News - September 2013 • Volume 6, Number 20: Like The Weather, Facebook’s Promotional Rules Have Changed

If your company or clients run contests or sweepstakes on Facebook, you need to be aware that Facebook recently changed its promotional guidelines (“Guidelines”), yet again. • You can now collect entries by having...more

Facebook Eases Restrictions on Sweepstakes and Contests

On August 27, 2013, Facebook revised the section of its “Pages Terms” that applies to administering sweepstakes and contests on Facebook. With the revised terms, Facebook relaxed most of the prior rules and restrictions it...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

What you need to know about Australian sweepstakes and contest regulations

One of my favorite aspects of my practice is how it has connected me to fantastic attorneys and businesses around the globe. More and more, sweepstakes and contests are global in nature. Companies around the world reach into...more

Advertising News & Analysis - August 1, 2013

In this issue: - Sorry, Charlie: Taylor Swift Contest Makes Case for Solid Promotion Rules - The Devil is in the Details for Number 1 Claims - Can Website Disclaimers Stop Declaratory Judgment...more

Vote farmers plow under Taylor Swift contests

Early in her career, Taylor Swift was a spokesperson for one of our clients. I drafted the official rules for several contests that were used for her concerts and appearances at the client’s sponsored events. (I am secretly...more

Legal Business Development: Let’s Have a Heart-to-Heart About Gifts!

Let’s get this straight… anything with your logo is NOT a gift. THAT, my friends, is a promotional giveaway. ...more

Choosing a Winner: Knowing sweepstakes and contest laws up front can prevent future problems

Illinois Court Rules that Contest Sponsor’s Use of Entrant’s Image is a Violation of the State’s Publicity Acts - An Illinois court recently found that a contest sponsor’s publication of images violated the Illinois...more

Advertising News & Analysis - May 2013

In this issue: - FTC Proposes Changes to TSR That Put Certain Payments in the Crosshairs - Vermont Antes Up, Okays Consideration in Skill Contests - NAD Not Shaving "Up To" Claims - Upcoming Events -...more

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