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It's Not a Lottery, It's Just Deceptive

Elon Musk's Surprising Defense to $1MM Election Giveaway - In a stunning argument to the PA Attorney General’s claim that Elon Musk’s $1MM Election Giveaway is an illegal lottery, yesterday Musk’s lawyer’s argued that it...more

Pennsylvania Suit Against Musk for Operating an Illegal Lottery

In a follow up to my previous post Who Needs Rules? Elon’s Election $1MM A Day Giveaway, the Commonwealth of Pennsylvania filed a Civil Action today in the Court of Common Pleas in Philadelphia County seeking an injunction to...more

Who Needs Rules? Elon's Election $1MM A Day Giveaway

Recently, Elon Musk launched a promotion on X (formerly Twitter). The promotion, however, doesn’t follow the rules that are typically required with promotions. Here’s the ad:...more

What Do I Do With a TikTok Sweepstakes or Contest If Time May Be Running Out On This Platform?

This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more

Trump Trading Cards: Analyzing the Legality of a Promotion

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

Running a Sweepstakes Because "That's Where the Money Is" (What if Running a Sweepstakes is Your Primary Business)

“Slick Willie” Sutton knew why he robbed banks – “Because that’s where the money is.” Likewise, there is money to be made in running sweepstakes. The question arises for the intrepid entrepreneur – why not just sell anything...more

Kicking It Sweepstakes Style

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

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

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

How AI Can Alter Skill Contests

“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

Tesla’s Cybertruck Raffle

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

C’est le fun! Don’t Forget Quebec Changed its Publicity Contest Law

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

“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest

The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more

Charitable Promotions, Commercial Co-Ventures, Donors Choose, Round-Up, and Peer-To-Peer Solicitations

It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. ...more

No Oscar for You! A Look at the Morality Clause

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

Win a Train Wreck- Lessons From the Downfall of Artesian Builds

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

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

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

It’s a Small World: Navigating a Global Sweepstakes

...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

A Big Merci Beaucoup to Les Habitants

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

The Raffle: A Calvin to the Sweepstakes Hobbes

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

Animal Killing Contests: Is That Legal?

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

Cashing in on Vaccinations: How Can They Do That?

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

Sweepstakes for Charity: Try Your Luck at Avoiding Regulators:

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

Tips for Running Popular Sweepstakes during a National Emergency

“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

Help! My Sweepstakes is Caught in a Pandemic You Might Be a Winner

We did not start the fire, but it’s still burning. And for the foreseeable future, sponsors will want to pay special attention to how to handle currently running and upcoming planned sweepstakes and contests. Here are some...more

Happy New Year! Now You Have to Worry About Abbreviating "2020"

I came across an interesting article in USA Today about how it’s really easy for miscreants to change the dates on documents abbreviating the New Year as “20.” For instance, say your “free” offer “Ends 1/2/20.” Some hacker...more

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