Sweepstakes & Gaming Law

Your Giveaway May Violate Applicable Sweepstakes Laws - Klein Moynihan Turco

Your Giveaway May Violate Applicable Sweepstakes Laws

Brands often use giveaways as a marketing tool to create buzz among the consuming public. When done correctly, businesses can see an increase in revenue and consumer loyalty through giveaways. However, when a giveaway campaign is poorly structured, brands can suffer reputational harm and may be subject to regulatory action and/or civil litigation.  

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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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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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