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Contests & Promotions Marketing

Klein Moynihan Turco LLP

How to Run A Social Media Sweepstakes Promotion

Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand...more

Verrill

Trump Trading Cards: Analyzing the Legality of a Promotion

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This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more

A&O Shearman

Likes to liability: UK FCA cracks down on 'finfluencers'

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"Promotions aren't just about the likes, they're about the law," is the caption that accompanies the UK Financial Conduct Authority's (FCA) recent decision to charge nine influencers in connection with the promotion on social...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Brand Promotion 101: Marketing Compliance in the Digital World - April 23rd, 1:00 pm - 2:00 pm ET

Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...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

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

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

Verrill

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

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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

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

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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

Ward and Smith, P.A.

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

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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

Kelley Drye & Warren LLP

Promotions Lessons from the My Pillow Guy

Mike Lindell – the “My Pillow Guy” – makes pillows that are soft to touch and claims that are hard to prove. In 2021, Lindell announced that he had compiled evidence demonstrating that China had interfered in the 2020...more

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

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Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Perkins Coie

Keep Your New Year Happy and Bright With These Ad Law Tips

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Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Venable LLP

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing

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​​​​​​​Doing good doesn’t get old. But marketing leaders know that effective promotion of a company’s charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It’s often here that...more

Lewis Roca

[Event] Keeping Your Online Contests & Sweepstakes Legal - September 21st, Phoenix, AZ

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A Practical Guide for Ensuring Your Promotion Does Not Run Afoul of Intellectual Property and Gambling Laws - Conducting lawful sweepstakes and contest promotions may not seem arduous but it is a nuanced area of the law...more

Kilpatrick

5 KEY TAKEAWAYS: Sweepstakes Law - NYC Bar Association’s CLE Program on Marketing and Advertising Law

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Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more

Holland & Knight LLP

Marketers Beware: Your Social Media Sweepstakes or Contests Could Be an Illegal Lottery

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A current marketing trend is to use social media sweepstakes for promotion purposes, e.g., "Like and Share Our Facebook or Instagram Post For a Chance To Win a $100 Gift Card!" or "Take Our Five-Minute Survey For a Chance To...more

Verrill

No Oscar for You! A Look at the Morality Clause

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The 94th Academy Awards might have had dramas you never heard of (subtext COVID), but it wasn’t lacking in drama. When Will smacked Chris, a collective “whoa” rocked the Dolby Theater. The drama intensified when the question...more

Verrill

What Comes Around Goes Around (Odds Facts In The History of Promotions)

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When defending Helen Keller from a charge of plagiarism, Mark Twain famously wrote, “substantially all ideas are second-hand.” While it’s possible to come up with a totally new promotion idea, many of our well-known...more

American Conference Institute (ACI)

[Virtual Conference] 28th Annual Advertising & Marketing Law - January 18th - 19th, 8:45 am - 1:30 pm EST

Delve into critical legal and regulatory developments with the Canadian Institute’s 28th Annual Advertising & Marketing Law conference taking place virtually on January 18 – 19, 2022 (EST). This is Canada’s most comprehensive...more

BakerHostetler

AD-ttorneys@law – November 2021 #1

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Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Sweepstakes and Contests

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What’s the difference between a sweepstakes and a contest? What do you need to include in your official rules? Anything to be mindful of when using social media for your sweepstakes or contest? Tune in to the latest episode...more

Verrill

Animal Killing Contests: Is That Legal?

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I literally had no idea. None. Until I recently saw that a bill in Oregon failed to pass (for the third time!) which would have prohibited the killing of coyotes in contests for cash or prizes. With the prize going to the...more

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