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Contests & Promotions

Venable LLP

Tennessee and Utah Amend Charitable Solicitation Laws: New Filing, Disclosure, and Other Obligations Affect Fundraising Compliance...

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Tennessee and Utah have revised the scope of their charitable fundraising laws. These changes will affect how and what nonprofit organizations registered to solicit in those states must disclose to state charity regulators....more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Klein Moynihan Turco LLP

Sweepstakes Documents – More Than Just The Rules

In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the...more

Faegre Drinker Biddle & Reath LLP

For In-House Counsel: 12 Questions to Ask When the Business Team Wants to Launch a Sweepstakes or Contest (Tomorrow)

We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more

Verrill

Kicking It Sweepstakes Style

Verrill on

Maybe it’s just me, but I think when promotion lawyers see an innovative sweepstakes, they think about the legal issues raised. I’m sure the jurisconsults debated over whether Tali, Terni Lapilli and Ludus Latrunculorum could...more

BakerHostetler

Loyalty Program Point(er)s

BakerHostetler on

Recent headlines on a lawsuit against American Airlines for loyalty account closures give us a good excuse to examine this issue. A loyalty program or rewards program, two different names for the same thing, is a popular tool...more

Littler

What Issues Do Super Bowl Squares Present in the Workplace?

Littler on

Break out the Super Bowl squares. Now that the February 11, 2024, Super Bowl matchup between the Kansas City Chiefs and San Francisco 49ers is set, many American workplaces will turn to the ubiquitous office pool to...more

Cozen O'Connor

The State AG Report – 1.18.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Advocate for Implementation of Proposed Menthol...more

Davies Ward Phillips & Vineberg LLP

Overhaul of Québec Legislation Concerning Publicity Contests

Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules...more

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Stikeman Elliott LLP

Québec Repeals Its Contest Regime, Reducing the Regulatory Burden for Canada-Wide Promotions

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On October 27, 2023, Québec repealed the provisions of the Act respecting lotteries, publicity contests, and amusement machines pertaining to publicity contests and abolished the Rules respecting publicity contests entirely....more

Blake, Cassels & Graydon LLP

Changements à loi en matière de concours publicitaires au Québec

Les promoteurs de concours publicitaires ne seront désormais plus assujettis à l’obligation d’obtenir une autorisation pour la tenue de leurs concours au Québec, ni aux autres exigences relatives aux concours qui étaient...more

Womble Bond Dickinson

Sportswashing: The New Money Laundering and Sanctions Avoidance Mechanism

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In the world of international finance and crime, criminals and terrorists have always sought innovative ways to launder money and avoid sanctions. One relatively recent method that has gained prominence is known as...more

Blake, Cassels & Graydon LLP

Win or Lose, Quebec Contest Laws Have Changed

Sponsors of publicity contests no longer have to register their contests in Quebec and contend with the other requirements of Quebec’s contest legislation. As of October 27, 2023, the legislative provisions imposing these...more

Verrill

Not Sorry? Reese's May Be In Trouble For On-Pack Sweepstakes Disclosures

Verrill on

Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the MLB Postseason and World Series - 2023

Lerman Senter PLLC on

The Major League Baseball (MLB) Postseason is underway, and the World Series will start on October 27, 2023. Your station may want to conduct promotions that are tied to the baseball championships. These promotions can be...more

Cadwalader, Wickersham & Taft LLP

FCA’s Introduction of a Gateway for Firms to Approve Financial Promotions

On September 12, 2023, the UK’s Financial Conduct Authority (“FCA”) published Policy Statement PS23/13 (the “Policy Statement”) setting out its final position on the introduction of a new gateway for firms that approve...more

Verrill

How AI Can Alter Skill Contests

Verrill on

“I ought to be thy Adam, but I am rather the fallen angel.” AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit’s back-to-back rulings shed light on TCPA’s applicability to unsolicited faxes

The 7th Circuit recently issued a decision in Smith v. First Hospital Laboratories, Inc., holding that in some “narrow situations” a fax offering to buy a product or service might be considered an advertisement under the TCPA...more

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

Benesch

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

WilmerHale

FTC Announces Enforcement Action Against Publishers Clearing House for Use of Dark Patterns and CAN-SPAM Violations

WilmerHale on

On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more

Verrill

Tesla’s Cybertruck Raffle

Verrill on

Examining loyalty points used for chance promotions - On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW: Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know •...more

Ward and Smith, P.A.

Trail Magic: Social Media and Employment Agreement Live Action Role-Playing

Ward and Smith, P.A. on

Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. During the discussion, the attorneys covered...more

Allen & Overy LLP

Want to be a millionaire? Just remember to read the small print

Allen & Overy LLP on

“Match any of the WINNING NUMBERS to any of YOUR NUMBERS to win PRIZE.” In rejecting a lottery player’s reliance on this term, the High Court allowed the small print to prevail....more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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