Sweepstakes & Gaming Law

DraftKings Sued for Alleged Website Accessibility Violations - Klein Moynihan Turco LLP

DraftKings Sued for Alleged Website Accessibility Violations

Robert Jahoda, a visually impaired individual, sued DraftKings for lack of accessibility to its website. Jahoda claims that the DraftKings website is largely incompatible with screen-reading software typically used by blind individuals to access sites on the Internet. DraftKings, a giant in the daily fantasy and sports betting industries, has accessibility measures in place. However, …

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Why Sponsors Must Adhere to Sweepstakes Regulations - Klein Moynihan Turco LLP

Why Sponsors Must Adhere to Sweepstakes Regulations

Businesses continue to use sweepstakes promotions as an exciting way to acquire and retain new customers. But beware: sweepstakes regulations are no joke. Companies seeking to offer consumers the opportunity to enter a sweepstakes promotion, must follow applicable state laws, as well as Federal Trade Commission (“FTC”) regulations when conducting and marketing their sweepstakes promotions. …

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Get Ready to Play: Court of Appeals Upholds NY Fantasy Sports Law - Klein Moynihan Turco LLP

Get Ready to Play: Court of Appeals Upholds NY Fantasy Sports Law

The multi-year court battle over the legality of fantasy sports in New York (“NY”) has finally ended. On March 22, 2022, the NY Court of Appeals (“COA”) released its decision in the case entitled White v. Cuomo, finding that fantasy sports contests are legal under the State’s constitution. The COA (the highest court in NY) …

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Why Sweepstakes Contest Rules Matter - Klein Moynihan Turco LLP

Why Sweepstakes Contest Rules Matter

Sweepstakes are valuable marketing tools that businesses use to promote their products and services across all forms of media. If businesses are interested in running legal sweepstakes promotions, they must be aware of the importance of sweepstakes contest rules. Prior to the commencement of sweepstakes contests, their parameters (e.g., duration and prize amounts) must be …

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"Super Bowl" Sweepstakes: Leave "Super Bowl" and Consideration Out of Your Contests

“Super Bowl” Sweepstakes: Leave “Super Bowl” and Consideration Out of Your Contests!

If you are interested in running a legal contest related to the “Big Game,” you should leave the “Super Bowl” trademark and the element of consideration out of the equation. Contests are a terrific way to promote a brand and increase revenue. However, when sweepstakes promotions are structured incorrectly, the consequences may include reputational harm, …

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What is an NFT Sweepstakes AMOE? - Klein Moynihan Turco LLP

What is an NFT Sweepstakes AMOE?

To attract consumers in this increasingly competitive environment, NFT minters turn to promotional NFT contests to both generate excitement among consumers and increase company revenue. Where minters decide to market their NFTs through sweepstakes, they must adhere to relevant state and federal laws, rules, and regulations. For example, while minters may allow participants to enter contests by purchasing …

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NFT Trademarks: DO's and DON'Ts - Klein Moynihan Turco

NFT Trademarks: DOs and DON’Ts

As the NFT (“non-fungible token”) industry continues to flourish (passing $40 billion in value in 2021) an increasing variety of individuals and companies are looking for ways to profit off the excitement. Some seek to benefit from the success of existing NFTs by minting imitations or parodies of such NFTs. Others have decided to mint …

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