Sweepstakes & Gaming Law

Does Your Sweepstakes Need a Sweepstakes Opinion Letter?- Klein Moynihan Turco LLP

Does Your Business Need a Sweepstakes Opinion Letter?

Blog, Sweepstakes & Gaming Law /

Sweepstakes and similar promotional contests have been a popular marketing and brand outreach tool for decades. Recently, businesses have been utilizing the sweepstakes promotional model in conjunction with social media websites and other online and mobile marketing venues.  These mobile and online mediums can be employed to vastly expand the visibility and reach of the subject […]

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Is the Favorite Chef Contest an Illegal Sweepstakes?- Klein Moynihan Turco LLP

Is the Favorite Chef Contest an Illegal Sweepstakes?

Blog, Sweepstakes & Gaming Law /

On June 24, 2021, Bridget and Lisa Ward (the “Plaintiffs”) filed a class action lawsuit against Crow Vote LLC (“Crow Vote”), its owner Darrin Austin, and celebrity chef Edward Matney (collectively, the “Defendants”). The complaint alleges that the “Favorite Chef” contest promoted by Defendants was actually an illegal sweepstakes that misled consumers through use of

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Can a Sweepstakes Require a Purchase to Enter?

Can a Sweepstakes Require a Purchase to Enter?

Blog, Sweepstakes & Gaming Law /

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

Blog, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

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

Blog, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

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

Blog, Sweepstakes & Gaming Law /

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?

Blog, Sweepstakes & Gaming Law /

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

Blog, Online Gambling Law, Sweepstakes & Gaming Law /

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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