The Winter Olympics are here. I just watched the women’s U.S. hockey team take on Team Canada and it got me wonderin’: are those sweaters “Made in the USA”? To my knowledge, Nike does not tout them as such, and in fact, Nike...more
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
...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
The State of California is getting a firm grip on regulating charitable sales promotions with its new law AB 488 which passed in October 2021 and will become effective January 1, 2023 (in order to allow the Attorney General’s...more
With the current debt crisis looming and people tightening their belts, perhaps we’ll see more brands doubling down on sweepstakes promotions to increase sales. Before your company jumps into the fray, let’s consider some...more
Everyone not under a rock recently learned that you can soon purchase – for a mere $375 – a personalized video greeting from America’s former mayor turned outcast Rudy Giuliani (perhaps even with copious hair dye streaming...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
“NIL” is short for “Name, Image, Likeness,” but for college athletes it may now mean “no income limits.” All three branches of government have essentially agreed that a college athlete could be paid for his/her NIL...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
On June 8, 2021, the Second Circuit handed down its opinion in the case Soliman v. Subway Franchisee Advertising Fund Trust, Ltd., No. 20-946, holding that the vague, small type in Subway’s in-store ad referring to its “Terms...more
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
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
“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
This piece will review important issues when running a commercial co-venture (CCV) during a time of a global pandemic.
Filing Requirements: The six registration states (AL, HI, IL, MA, MS, and SC) have not amended their...more
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
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
Women in the kitchen and men in the wilderness. An ad concept as old as time. But has its time come? The U.S. has traditionally taken a hands-off approach to regulating “traditional” gender-stereotyping in ads. But this week,...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
12/14/2018
/ Casinos ,
Class Action ,
Contests & Promotions ,
Eligibility ,
False Advertising ,
Federal Trade Commission (FTC) ,
Foreign Students ,
Gambling ,
Games of Chance ,
Motion for Summary Judgment ,
Motion to Dismiss ,
OH Supreme Court ,
Private Right of Action ,
Prizes ,
Promotional Items ,
Sales Tax ,
School Districts ,
Settlement ,
Sweepstakes ,
Tax Litigation ,
Unfair or Deceptive Trade Practices ,
Websites
On November 2, 2018, the New York Attorney General came crashing down on a number of moving services that paid for at least 60 fake positive online reviews posted under the heading “CHECK OUT OUR REVIEWS POSTED BY CUSTOMERS...more
Prop 215 was enacted in California twenty-two years today on November 5, 1996. This law was the first of its kind in the U.S. to legalize medical marijuana use. Since then 30 states have approved medical marijuana use and 9...more
11/5/2018
/ Advertising ,
Contests & Promotions ,
Dispensaries ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Medical Marijuana ,
Retailers ,
State and Local Government ,
Sweepstakes
Every beer drinking football fan in Cleveland knows by now that there will be magic beer fridges stationed throughout Cleveland that will miraculously open to produce bottles of free Bud Light if the football gods see fit to...more
Recently, an Agreed Final Judgment was entered in Tennessee state court following an action by the Tennessee Attorney General (in conjunction with the AGs of 16 other states) against a TN charity concerning issues raised over...more
You’re offered a $1 million game piece for $40,000 dollars. What do you do? As you might expect, this may be an offer you can’t refuse.
A recent and very comprehensive article in the Daily Beast, provides an in-depth look...more
“Buy our beer and we’ll donate $1 to charity.” The ultimate “doing well by doing good.” Many large beer brands see the marketing advantage of asking consumers to buy their product in return for the brand’s donation to...more