Contests & Promotions

News & Analysis as of

Mississippi Advances Fantasy Sports Regulations

The Mississippi State House of Representatives recently passed a bill that would implement fantasy sports regulations. The bill will now head to the State Senate for debate and a vote on the measure. What are some of...more

One More Reason to Call a Sweepstakes Lawyer

Last month, an Ohio federal district court refused to dismiss a putative class action lawsuit filed against Foot Levelers, Inc. (“Foot Levelers”) concerning the orthotics maker’s sweepstakes sponsorship and marketing...more

Using loyalty programs as a promotional strategy in Colombia

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

Florida Fantasy Sports Regulations Coming Soon?

This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida. The bill proposes enacting the Fantasy Contest...more

Maryland Fantasy Sports Regulations Take Effect

This week, regulations governing fantasy sports contests in the State of Maryland went into effect. The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the...more

“American Idol” Singer Sues Contest Sponsors

This Monday, a Mississippi resident sued a number of the “American Idol” contest’s sponsors after he allegedly suffered a serious internal ear injury in connection with the promotion....more

Fantasy Sports Bill Introduced in Ohio

A fantasy sports bill has been introduced in Ohio pursuant to which the State’s gaming laws would be amended to provide the Ohio Casino Control Commission (the “Commission”) with the authority to regulate fantasy sports...more

Yahoo Awarded Over $1.5 Million in Sweepstakes Promotion Lawsuit

Last week, a Dallas federal court concluded that Yahoo! Inc. (“Yahoo”) should be paid over $913,000 in attorneys’ fees in connection with its March Madness sweepstakes promotion, bringing Yahoo’s total award in the case to...more

Sweepstakes Attorneys: Protecting Your Promotions

Promotions Law and Sweepstakes Attorneys - Conducting a sweepstakes, contest or other form of promotion can be a highly effective way of increasing your customer base, or creating stronger brand loyalty among existing...more

SEC Fines Fantasy Stock Market App Developer

The Securities Exchange Commission (“SEC”) recently fined New York-based Forcerank LLC (“Forcerank”) $50,000 in connection with charges that Forcerank’s fantasy stock market mobile app illegally offers complex derivative...more

FTC Sues Terry Somenzi Over Fake Prize Schemes

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

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water

Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing...more

Michigan to Legalize Fantasy Sports?

The Michigan State House of Representatives recently introduced legislation proposing to exempt certain fantasy sports contests from the prohibition against gambling contained in the State’s penal code. The proposal is the...more

Settlement Reached in NYC Marathon Sweepstakes Lawsuit

Last Friday, New York Road Runners, Inc. (“Road Runners”) – organizer and operator of the New York City Marathon (the “Marathon”) – reached an agreement to settle a sweepstakes lawsuit filed in connection with the Marathon’s...more

FTC Robocall Contest Rules Under Fire Again

Last August, we reported that the U.S. Court of Federal Claims had dismissed a lawsuit related to the Federal Trade Commission (the “FTC” or “Commission”) sponsorship of a contest promoting robocall-blocking technology,...more

Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality

This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest...more

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

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

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!

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?

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

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

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

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?

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

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