Sweepstakes & Gaming Law

Can a Sweepstakes Require a Purchase to Enter?

Can a Sweepstakes Require a Purchase to Enter?

Sweepstakes and similar promotional contests can be cost-effective means of marketing a product, service or brand based, in part, on the buzz generated by the allure of prizes.  Sweepstakes can also be a useful method for generating sales/purchases.  However, various laws can make generating sales via promotional contests a risky endeavor if the purchase of […]

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Legal Perspective on Influencer Sponsorship and Testimonials- KMT

Legal Perspective on Influencer Sponsorship and Testimonials

The Federal Trade Commission released an influencer sponsorship guide in 2019, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose their professional relationships.

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Make Your Mobile App Sweepstakes More Appealing

The mobile space is currently inundated with mobile apps that serve myriad purposes. If you are in need of a mobile application for a certain function, it’s more than likely that there’s an app for that. Within that competitive environment, it is becoming increasingly difficult for mobile app operators to differentiate their offerings from the crowd and attract

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Sweepstakes Guidelines- Klein Moynihan Turco LLP

Sweepstakes Guidelines: Laws, Rules and Regulations Governing Sweepstakes Promotions

Sweepstakes Guidelines Help Ensure Fair Play State and federal governmental bodies in the United States have established a comprehensive framework of laws, rules, and regulations applicable to sweepstakes promotions.  These sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open

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Ask a Fantasy Sports Lawyer- Klein Moynihan Turco LLP

Ask a Fantasy Sports Lawyer: Is DFS Considered Gambling?

The Fantasy Sports Trade Association (“FSTA”) (now the Fantasy Sports & Gaming Association (“FSGA”)) reported that the daily fantasy sports (“DFS”) industry generated $2.91 billion in 2018 and that the entire fantasy sports market was worth as much as $7.22 billion that same year. It has recently been reported that the fantasy sports market is

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Fantasy Sports Lawyers- Klein Moynihan Turco LLP

Once Upon a Federal Sports Gambling Bill

In  2018, Utah Senator Orrin Hatch drafted a bill intended to create a framework for federal sports gambling. Readers of this blog will recall that on the eve of the 2018 football season, Senator Hatch, an original author of the Professional and Amateur Sports Protection Act (“PASPA”), gave a floor speech foreshadowing that such a bill was in the

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New Jersey's Sports Gambling Marketing- Klein Moynihan Turco

New Jersey Becomes America’s Largest Sports Betting Market

In June 2018, legal sports betting in New Jersey became a long-awaited reality. There are currently eight online/mobile platforms offering sports gambling in New Jersey. To generate business through sports gambling marketing, the sportsbooks utilize the services of affiliates (i.e., entities and individuals involved in promoting, marketing, and directing business to online sports gambling websites). 

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Fantasy Sports Opinion Letter

Does Your Business Need a Fantasy Sports Opinion Letter?

Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was called off years ago, the fantasy sports industry has only continued to thrive and evolve since then.  In recent years, many states have passed laws legalizing and regulating fantasy sports contests.  In addition to these statutes, federal laws and state common

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