March 8, 2018
After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC (“Kizzang”), the National Collegiate Athletic Association (“NCAA”) has requested recovery of over $242,000 in attorneys’ fees from Kizzang.
Why is Kizzang footing the NCAA’s six-figure legal bill?
May 12, 2017
Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under applicable local law.
How can a sweepstakes lawyer help keep promotions legally compliant?
April 20, 2017
Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes.
How can a sweepstakes lawyer help keep promotions legally compliant?
December 1, 2016
Last week, a Dallas federal court concluded that Yahoo! Inc. (“Yahoo”) should be paid over $913,000 in attorneys’ fees in connection with its March Madness sweepstakes promotion, bringing Yahoo’s total award in the case to more than $1.5 million.
How did the sweepstakes promotion take such a turn for the worse?
October 26, 2016
Promotions Law and Sweepstakes AttorneysConducting a sweepstakes, contest or other form of promotion can be a highly effective way of increasing your customer base, or creating stronger brand loyalty among existing customers. Through the use of a sweepstakes promotion, business owners can capitalize on the excitement and allure of potentially winning a prize in order to garner consumer attention and generate buzz for a given brand.
But business owners need to take precautions before going live with a given contest. Sweepstakes are heavily regulated on a state-by-state (and country-by-country) basis. Sweepstakes operators must comply with all applicable regulations in order to ensure that their sweepstakes are not considered illegal lotteries or some other form of gambling.
Given that criminal sanctions could be imposed if a sweepstakes contest is deemed to be illegal gambling, it is imperative that businesses retain qualified, experienced sweepstakes attorneys in order to ensure that their sweepstakes-related activities are compliant with all applicable laws.
What Can Sweepstakes Attorneys Do for You?
August 22, 2016
This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest earlier this year.
What steps can sweepstakes and contest sponsors take to prepare for worst-case scenarios?
May 17, 2016
Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners.
Despite their utility as a marketing vehicle, businesses must ensure that their sweepstakes and promotions comply with a series of specific laws, rules and regulations – including those that apply to the methods and practices associated with the marketing of a given sweepstakes. In addition to the overarching obligation to refrain from any deceptive marketing practices (see, also, here) associated with marketing a sweepstakes or promotion, sweepstakes operators must also take care to include the proper disclaimers and disclosures in connection with all applicable marketing material and point of sale locations.
Are Disclaimers Necessary When Marketing a Sweepstakes?
March 14, 2016
Last Wednesday, Time Inc.’s “Sports Illustrated” brand and sweepstakes app provider Kizzang LLC (“Kizzang”) announced their upcoming $25 million College Basketball Bracket Challenge.
With potential prizes in the millions (or billions) of dollars, how can sweepstakes sponsors minimize their legal risk?