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Sweepstakes

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

Verrill

Kicking It Sweepstakes Style

Verrill on

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

Venable LLP

Maximize Your Impact by Understanding Cause-Related Marketing Rules

Venable LLP on

The following is a summary of the remarks made by Cristina Vessels at the ACCP Annual Conference held in Denver, Colorado, on October 17, 2023. Understanding the legal requirements for different cause-related marketing...more

Verrill

The Donation Sweepstakes (Can We Do That?)

Verrill on

Tis the season. Some people like to use the phrase “Doing Well by Doing Good.” Early U.S. business magnates knew that financial benefits can come from philanthropy. In 1888, Cornealius Vanderbilt donated $250,000 (that’s six...more

American Conference Institute (ACI)

[Event] 30th Annual Advertising and Marketing Law - January 17th - 18th, Toronto, ON, Canada

Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more

Verrill

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

Verrill on

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

Moritt Hock & Hamroff LLP

Publishers Clearing House: A Cautionary Tale on the Risks of ‘Dark Patterns’ Marketing

Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more

WilmerHale

FTC Announces Enforcement Action Against Publishers Clearing House for Use of Dark Patterns and CAN-SPAM Violations

WilmerHale on

On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more

Orrick, Herrington & Sutcliffe LLP

FTC orders sweepstakes company to pay $18.5 million for using “dark patterns”

On June 26, the FTC filed a complaint against a sweepstakes company alleging they used “dark patterns” (via the use of “manipulative phrasing and website design”) to trick consumers into purchasing products in order to enter...more

Verrill

Tesla’s Cybertruck Raffle

Verrill on

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

Verrill

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

Verrill on

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

Holland & Knight LLP

2023 Social Media Advertising Landscape: An Update from a Senior FTC Official

Holland & Knight LLP on

Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices.  This Holland & Knight alert...more

Faegre Drinker Biddle & Reath LLP

Thinking About Engaging an Influencer for Your Next Promotion? Plan Ahead!

Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more

Holland & Knight LLP

Metaverse-ing Your Sweepstakes?

Holland & Knight LLP on

Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more

Bradley Arant Boult Cummings LLP

Last Call: Deadline for Requesting Alabama Medical Cannabis Applications Looms

I’ll never forget when the Alabama Legislature and governor approved a medical cannabis regime. We wrote about it with great fervor at the time. In some ways, it feels like yesterday. In others, a lifetime ago. As has been...more

BakerHostetler

Coinbase Decision Highlights Importance of Official Rules’ Dispute Provisions

BakerHostetler on

​​​​​​​In a rare example of a sweepstakes leading to litigation, Coinbase and its promotion agency, Marden-Kane, were sued over a sweepstakes run by Coinbase and administered by Marden-Kane titled “Trade Doge. Win Doge.” As...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

Venable LLP on

​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Venable LLP

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing

Venable LLP on

​​​​​​​Doing good doesn’t get old. But marketing leaders know that effective promotion of a company’s charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It’s often here that...more

Lewis Roca

[Event] Keeping Your Online Contests & Sweepstakes Legal - September 21st, Phoenix, AZ

Lewis Roca on

A Practical Guide for Ensuring Your Promotion Does Not Run Afoul of Intellectual Property and Gambling Laws - Conducting lawful sweepstakes and contest promotions may not seem arduous but it is a nuanced area of the law...more

Cozen O'Connor

The State AG Report – 7.21.2022

Cozen O'Connor on

Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Fraudulent Global Sweepstakes Repays $25...more

Cozen O'Connor

Fraudulent Global Sweepstakes Repays $25 Million to Consumers

Cozen O'Connor on

The FTC will disburse $25 million to consumers across the world following its joint settlement with the Missouri AG to resolve allegations that a network of companies and individuals (collectively “Next-Gen”) operated a...more

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: July-August 2022

Holland & Knight LLP on

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..Writing NFT Trademark Applications That Protect Brands Emerging ...more

Venable LLP

[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

Venable LLP on

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

Manatt, Phelps & Phillips, LLP

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

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