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
The allure of prizes offered in a sweepstakes promotion can be an effective means of attracting consumers to a brand and/or its specific products/services. This is especially true when the prize in question involves...more
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
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
Hearing “O Canada” being proudly sung during the recent NHL playoffs reminded me to remind you that in June 2021, la province de québec somewhat quietly amended its publicity contest law in order to exempt international...more
Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it...more
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
Artesian Builds makes customized computers, with a focus on products for gamers and streamers on platforms such as YouTube and Twitch. Like many companies, Artesian uses brand ambassadors to help promote its products. As part...more
A custom PC company, Artesian Builds, who hyped its image by offering frequent giveaways ranging from $100 gift cards to t-shirts to custom built pcs, announced today (March 10) that it was suspending its business, following...more
...You don’t have to go to Disney World and take a 10-minute boat ride down the Seven Seas Waterway to realize that people around the globe are interconnected in so many ways and that a company’s business is pretty much...more
Introduction - Quebec recently made changes to its publicity contests rules. The rules, which require publicity contests to adhere to stringent regulatory requirements in order to operate in Quebec, now exempt international...more
Oh, Canada, you give us ice hockey, maple syrup, Tom Hortons, and one stubborn province that had a noted aversion to “publicity contests.” But no more. Quebec has amended its laws concerning mandatory registration and fees...more
Every six-year-old boy, at some time in his short life, comes up with the idea of running a raffle as an ingenious way of earning some easy money. It is then left to his sardonic stuffed animal friend to counsel him on the...more
I love it when there are new and innovative approaches to sweepstakes. That’s been the genesis and driving force behind sweepstakes promotions since they began. The term “sweepstakes” itself originated in the late 14th...more
Sometimes doing good isn’t easy. Say you’re a company that wants to run a sweepstakes by asking entrants for donations to charity. Sounds simple. Everyone will think you’re an A-1, socially conscious brand that isn’t even...more
The Federal Communications Commission’s (FCC) Enforcement Bureau last week issued two fines, one for $6,000 and another for $5,200, for violations of its contest rules, as two sweepstakes were not conducted as advertised. ...more
Enter for a chance to win! Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway. Recently,...more
“Service to others is the rent you pay for your room here on Earth.” Muhammad Ali - We are seeing a nation pitching in to flatten the curve and countless unsung heroes on the front lines trying to help those infected by...more
Many businesses are using sweepstakes in their marketing efforts. While sweepstakes are a unique and creative way to engage potential customers, sweepstakes are subject to many local, state, and federal laws and regulations....more
Editor’s Note: Prize promotions—such as sweepstakes, contests and giveaways—are popular and effective ways for healthcare organizations to attract, engage and retain customers; increase brand awareness; and, for nonprofits,...more
Consumer World declared victory after Google added a free means of entry for a sweepstakes to win a free Google Home Max smart speaker. When Google sent an email to Google Assistant customers in May promoting the...more
2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, presented at the 2018 ANA/BAA 40th Marketing Law Conference, held earlier this month in Chicago. As one of...more
Arguing that the defendant was clearly the “sponsor” of a scratch-card promotion, an Illinois resident moved for partial summary judgment in her class action alleging violations of state law....more
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