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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

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

The Supremes Have Their Say on Arbitration and Forum Selection Clauses Affecting Sweepstakes Disputes

Wow, the U.S. Supreme Court decided a sweepstakes issue today. Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum...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

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

Help! My Social Media Influencer Caused a Riot

The statistics speak for themselves: - Influencer marketing in the US is valued at over $16 billion. - 72% of Gen Z and Millennials follow influencers on social media. - 89% of marketers intend to increase influencer...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

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

Ad Says: “Terms and Conditions” Apply, Second Circuit Says: No They Don't

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

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