Sweepstakes & Gaming Law

"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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What are NFT dApps? - Klein Moynihan Turco LLP

What are NFT dApps?

While NFTs (“non-fungible tokens”) typically take the form of sellable digital art pieces, NFTs can be so much more. NFTs are unique, often one-of-a-kind, digital files (usually images, photographs or short videos) that use blockchain technology to establish proof of ownership. In general, NFTs are created (“minted”), purchased from the minter, and then (where allowed) re-sold

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Sweepstakes Promotions: Winner Selection Tips - Klein Moynihan Turco LLP

Sweepstakes Promotions: Winner Selection Tips

How to Navigate the Winner Selection Process for Sweepstakes Promotions Sweepstakes promotions continue to be a popular tool that businesses use for customer acquisition, engagement, and retention.  However, several aspects of these promotional contests (e.g., marketing and the logistical considerations associated with running such contests) can come with legal risks for sweepstakes operators. Specifically, the method of

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Why Your Sweepstakes Needs a Privacy Policy - Klein Moynihan Turco LLP

Why Your Sweepstakes Promotion Needs A Privacy Policy

Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways, and sweepstakes are invaluable tools for businesses looking to attract new customers and build a customer database. Sweepstakes drive consumers to provide their information to a business in exchange for the chance to win prizes and other benefits. Please take note that, for each sweepstakes, a

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How to Design An NFT Giveaway Like MCD's McRib - Klein Moynihan Turco LLP

How the McRib Became An NFT Giveaway

Before reintroducing the McRib in its restaurants on November 1st, McDonald’s created an NFT (short for non-fungible token) giveaway to celebrate the 40th anniversary of launching this seasonal sandwich. By turning its attention to the Internet, McDonald’s was able to secure an audience infatuated with the newness of NFTs, as well as connect with loyal McRib

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New Jersey's Sports Gambling Marketing- Klein Moynihan Turco

KMT’s David Klein Weighs in: Surprise NJ Vote Shows NCAA Betting Concerns May Linger

By Zachary Zagger for Law360 Law360 (November 3, 2021, 9:05 PM EDT) — New Jersey voters this week shot down a constitutional referendum to allow sports betting on in-state college teams, a move that came as a surprise to legal experts and could reveal lingering concerns about undermining the integrity of college sports. The Garden

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