PODCAST: Williams Mullen's Trending Now: An IP Podcast - Sweepstakes and Contests
Last week, the Federal Trade Commission sent more than $18 million in refunds to U.S. consumers who entered a Publishers Clearing House (PCH) sweepstakes in recent years. The refund represents a significant remedy to...more
The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...more
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
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
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
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
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
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
Many companies will be running sweepstakes and contests during the holidays and promoting them on Facebook, Instagram, and other social media platforms. If your company is planning a holiday promotion using social media, you...more
Enter for a chance to win! Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway. Recently,...more
Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15...more
On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more
When done correctly, sweepstakes and prize contests can be an effective tool for building brand awareness and gaining customers. However, businesses that fail to abide by applicable statutes and regulations when using these...more
Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based...more
Radio and television stations, as well as their audiences, have reason to celebrate. Last week, the Federal Communications Commission (FCC) announced significant updates to its regulations regarding the disclosure of material...more
On September 17, 2015, the FCC released a Report and Order with a long-awaited update to the Contest Rule that gives broadcasters substantially more flexibility as to the medium they choose to announce rules for contests (a...more
The FCC has updated its contest rules to enable broadcasters to post material terms on-line rather than requiring disclosure through over-the-air announcements. Licensees still retain the option to disclose material...more
In recent years, companies have increasingly relied on social media platforms to promote their products, often featuring testimonials and endorsements from consumers and public figures as well as other user-generated content....more