News & Analysis as of

Contests & Promotions

Florida Alcoholic Beverages Trade Practices Guide

by Holland & Knight LLP on

The Florida Alcoholic Beverages Trade Practices Guide is a reference tool that addresses Florida Statute §561.42, referred to as the Tied House Evil law. The statute provides prohibitions and limitations related to the...more

Trademark Infringement and Unfair Competition Action

by Dickinson Wright on

On behalf of the nationally well-known professional boxing promoter, New Jersey Sports Productions, d/b/a Main Events, Samuel Littlepage (Member, Washington, D.C.) and Melissa Alcantara (Member, Washington, D.C.) have filed a...more

7 things you should know about sweepstakes and contests in employee incentive programs

by Thompson Coburn LLP on

Four years ago, I wrote an article for this blog about creating in-house incentive contests. Since that time we have seen a considerable increase in the number of incentive programs that we have been asked to prepare for...more

“Enter to Win!” Rules For Advertising Product Giveaways And Sweepstakes

by Fox Rothschild LLP on

When done correctly, sweepstakes and prize contests can be an effective tool for building brand awareness and gaining customers. However, businesses that fail to abide by applicable statutes and regulations when using these...more

Privacy Tip #98 – Publishers Clearinghouse Imposters are Stealing Consumers’ Money

We all dream about winning the lottery or the Publishers Clearing House folks secretly coming up our walkway and knocking on our door telling us we won millions of dollars. Well, I do....more

Of "Likes" and Luck: Social media and gaming regulations

by Dentons on

It is increasingly common for companies to organise marketing promotions using social media, perhaps, due to the ease and relatively low cost of doing so. It may come as a surprise to some, that such seemingly innocuous...more

Why a sweepstakes could seriously boost your customer surveys

by Thompson Coburn LLP on

“Excellent Shopping Trip? We Want to Hear From You” “Your Opinion Counts” “How Was Your Experience?” “We Listen to You” “Survey Sweepstakes” If you have visited a restaurant, hotel, department store, grocery store,...more

Be careful reselling a sweepstakes prize

by Thompson Coburn LLP on

Shortly after posting my article on sweepstakes winners who didn’t want the prize they had won, I noticed several articles about a sweepstakes winner who ran into trouble while trying to resell his prize....more

Gaming and Hospitality Legal News: Volume 10, Number 1, April 2017: Nevada Leads The Way On Esports Wagering

by Dickinson Wright on

Perhaps the hottest topic in gaming today is the growth of professional esports. Esports are – essentially – professional video game tournaments and contests. Audiences for such tournaments have been filling stadiums in Asia...more

What to do when the winner of a sweepstakes or contest wants a different prize

by Thompson Coburn LLP on

What if you offer a sweepstakes and the winner wants to receive only a portion of the prize? Recently, a winner won a vacation for her and a travel companion. However, she did not want anyone to travel with her even though it...more

Texas Bill Proposes Revision to Sweepstakes Law

by Locke Lord LLP on

A bill was introduced Friday that would affect the applicability of the Texas sweepstakes statute. Texas Business and Commerce Code Ch. 622 regulates the advertising and administration of promotions that award prizes based...more

Do new regulations for promotional games apply to your company?

by Dentons on

Issued last year, Decree 2104 of 2016 modified the request procedure for authorizing promotional games. We outline everything you need to know about complying with these regulations....more

Using loyalty programs as a promotional strategy in Colombia

by Dentons on

The Superintendency of Industry and Commerce (SIC) recently defined the rules applicable to loyalty programs in Colombia. Loyalty programs that attract consumers to products or services by providing benefits, such as...more

FTC Sues Terry Somenzi Over Fake Prize Schemes

by Reed Smith on

Last week, the FTC filed a lawsuit against Terry Somenzi and International Advisory Services, Inc., among other defendants, for an allegedly fake prize scheme in federal court. According to the FTC’s complaint, the defendants...more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

by Williams Mullen on

Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

Avoiding The NCAA’s Full Court Press During the Month of Mental Anguish

by Dorsey & Whitney LLP on

It’s a wonderfully maddening time of year. “Selection Sunday” (all 2+ hours of it!) is in the rear view mirror, collegiate teams are scurrying off for their opening games, and millions of basketball fans are spending...more

Oscar “Swag Bag” Gets Booted From the Red Carpet By The Academy—Don’t Let This Happen To You!

by Dorsey & Whitney LLP on

In a recent post, we provided guidance on how an advertiser might execute a Super Bowl-related promotion even if it is not an authorized game sponsor. First, avoid mentioning the trademarked name of the event — instead,...more

New FCC Contest Rules Are In Effect

The FCC has formally announced that its new contest rules have become effective, as they now have been approved by the Office of Management and Budget and published in the Federal Register. The new rules enable licensees to...more

Did You Catch that Hashtag at the Super Bowl?

by Dorsey & Whitney LLP on

Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based...more

Five things you should know before creating a contest

by Thompson Coburn LLP on

As most readers of this blog know, a contest is quite different than a sweepstakes. Sweepstakes are games of chance. The winners are selected at random and don’t have to have any particular knowledge or skill – just good...more

Don’t Let Your Super Bowl Promotion Get Sidelined

by Dorsey & Whitney LLP on

Every year at this time clients call who want to take advantage of Super Bowl frenzy, whether by running an online sweepstakes, offering a special deal to customers on Super Sunday, posting memes on their Facebook pages,...more

[Webinar] It’s No Game – Legally Structuring Your Sweepstakes, Contests & Promotions - January 14th, 4:00pm EST

by Dickinson Wright on

From old-fashioned in-store giveaways to global social media campaigns, businesses and nonprofits alike love doing promotions! In this presentation, we will survey the legal landscape for conducting lawful promotions, and...more

Is it a game of chance or a game of skill?

by Thompson Coburn LLP on

As most of the readers of this blog already know, a sweepstakes or contest that contains a prize, consideration, and chance may be found to be an illegal form of gambling in most states. For that reason, it is important to...more

FCC’s Change to its Contest Rules Not Effective for Four to Six Months

by Thompson Coburn LLP on

As a follow-up to our posting on September 17, 2015, and in response to questions we have received from several of our readers, I wanted to clarify that the Federal Communication Commission’s (“FCC”)_ revision to its contest...more

New FTC Guidelines for Promoting Products on Social Media

by Buchalter on

Social media can be used in a multitude of ways for savvy brands to promote their products. They can loan out a new phone, provide free access to an app, provide free products, etc., in exchange for publicity on social media....more

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