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Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element

David Klein April 5, 2021

Businesses often employ sweepstakes promotions as a marketing vehicle to promote their goods and services. Sweepstakes can also constitute the business itself, e.g., Publishers Clearing House. When done well, sweepstakes can become cultural phenomena, such as the McDonald’s Monopoly sweepstakes promotion. Alternatively, when done poorly, sweepstakes can have adverse business

How Sweepstakes Compliance Can Save Your Reputation

David Klein December 29, 2020

The popular TikTok content creator collective, “Not a Content House,” recently received some negative publicity for failing to reveal the winners of a sweepstakes by the promised deadline. Not a Content House is the ironic name of an all-girl team that lives together in Los Angeles where they collaborate on

Who Governs Sweepstakes Law?

Klein Moynihan Turco December 18, 2020

Sponsoring sweepstakes promotions are one of the most exciting marketing vehicles that a business can use to increase visibility and engage customers. Before starting, it is essential to take detailed consideration of all rules and regulations governing sweepstakes promotions. By now, readers are familiar with the basics of how to

The Ultimate Contest Law and Sweepstakes Guide

Klein Moynihan Turco December 10, 2020

Are you interested in running a contest or sweepstakes campaign as a means to engage with new and existing customers? Crafting a successful contest or sweepstakes promotion can increase interest in your brand and grow your customer base. However, if you are not familiar with sweepstakes and contest law, you

Advertising a Game of Chance? Contact a Sweepstakes Lawyer

David Klein July 20, 2020

Businesses often use games of chance to promote products, increase traffic to their websites, and increase revenues. When set up correctly, games of chance can be a boon for business. However, when fashioned incorrectly, the consequences include reputational harm, civil litigation and even criminal liability. Games of skill (as opposed

Sweepstakes Law Follow Up: Draper James Sued

David Klein July 9, 2020

In April, we blogged about how Reese Witherspoon’s fashion line, Draper James, LLC (“Draper James”), was roundly criticized for creating the false impression that all teachers who registered on its website would be given a free dress. In reality, teachers were merely entered into a sweepstakes for a chance to

Planning on Running a Facebook Sweepstakes? Here’s What You Need to Know

David Klein May 8, 2020

Sweepstakes promotions are great promotional tools which serve to engage consumers and attract new ones. When advertising sweepstakes on social media, businesses must be careful to abide by each respective social media platform’s distinct promotional contest rules, policies and guidelines. By way of example, in this blog we highlight the

HBO’s McMillion$: A Reminder to Comply with Sweepstakes Law

David Klein February 14, 2020

If you want to enter the sweepstakes business, familiarize yourself with sweepstakes law and consult legal counsel to ensure compliance. HBO’s new docuseries, McMillion$, is the fascinating story of how the sponsors of the McDonald’s Monopoly sweepstakes were scammed out of $24 million dollars in the 1990s. Despite the scam,

Mobile App Sweepstakes and the Law

David Klein October 10, 2019

October 10, 2019 The world’s population is increasingly reliant on smart phones and other similar mobile devices. Businesses have been adjusting to this new reality by pursuing consumer outreach through mobile applications (or “apps”) that can be downloaded and accessed via smart phones. Regardless of the medium or technology involved,

Federal Court Dismisses Sweepstakes Law Class Action

David Klein April 12, 2019

April 12, 2019 Last month, a federal court in New York dismissed a putative class action lawsuit brought by thirteen named plaintiffs (collectively, “Plaintiffs”) against a national sweepstakes operator (“Defendant”). In this sweepstakes lawsuit, the Plaintiffs alleged that Defendant violated the federal CAN-SPAM Act, the Deceptive Mail Prevention and Enforcement

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