News & Analysis as of

Contests & Promotions Sweepstakes

Ogletree, Deakins, Nash, Smoak & Stewart,...

March Madness Bracket Pools in the Workplace: Legal Compliance Tips Before Tip-Off

With March Madness approaching, some employers may wish to get in on the action by sponsoring bracket pools to boost employee camaraderie or strengthen relationships with customers or clients. ...more

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

BakerHostetler

Promotions Trends to Look for in 2025

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As a whirlwind 2024 draws to a close, we here at BakerHostetler are reflecting on the promotions trends we’ve seen this year and what we predict you will see more of in 2025. Below, we pinpoint those trends and share some...more

Klein Moynihan Turco LLP

Is a Bitcoin Sweepstakes Promotion Legal?

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Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event...more

Kelley Drye & Warren LLP

Musk Escapes One Sweepstakes Lawsuit, But Ends Up in Another

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Last month, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledged to support the Constitution, alleging that the...more

Kohrman Jackson & Krantz LLP

How to Build Your Brand and Stay Compliant with Contests and Sweepstakes

In today’s digital marketing landscape, brands frequently leverage promotions like sweepstakes and contests to engage consumers, build brand loyalty, and expand their audiences. While both are popular strategies, the legal...more

Verrill

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

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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

Kelley Drye & Warren LLP

How Elon Musk’s $1 Million Election Sweepstakes May Affect Other Sweepstakes

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Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit...more

Verrill

Pennsylvania Suit Against Musk for Operating an Illegal Lottery

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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

Verrill

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

Verrill on

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

Verrill

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

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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

Klein Moynihan Turco LLP

Sweepstakes Registration and Bonding Requirements

Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have...more

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

Klein Moynihan Turco LLP

Sweepstakes Publicity Releases

By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the name and/or likeness of the...more

Klein Moynihan Turco LLP

Live Event Sweepstakes Considerations

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

Womble Bond Dickinson

Going Viral: Navigating Promotional Sweepstakes Legality in the Social Media Era

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The impact of social media is undeniable in today’s society. Whether it is utilized for personal use, maintaining family connections, or capitalizing on the latest trends, social media is interwoven into the fabric of...more

Morrison & Foerster LLP - Class Dismissed

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs...

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more

Verrill

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

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“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

Klein Moynihan Turco LLP

Why You Need A Privacy Policy For Your Sweepstakes Promotion

Sweepstakes promotions can be valuable tools for businesses seeking to attract new customers. Unlike static ads, newsletter sign-ups and other basic website registration forms, sweepstakes incentivize consumers to provide...more

Wiley Rein LLP

Failure to Promptly Award $396 Contest Prize Results in $8K Penalty for Broadcaster

Wiley Rein LLP on

If you’re a contestant in a radio or TV contest, it’s important to follow the rules of the contest, lest you be disqualified. Likewise, if you’re a broadcaster conducting an on-air contest, it’s important to follow the rules...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

Klein Moynihan Turco LLP

Exercise Caution When Running A Bitcoin Sweepstakes Promotion

Earlier this week, Stryve Foods, Inc. (“Stryve”) announced the launch of its Bitcoin sweepstakes – allegedly the first of its kind by a meat snack purveyor. Participants will be given the chance to win one of five prizes,...more

Klein Moynihan Turco LLP

Sweepstakes Documents – More Than Just The Rules

In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the...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

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