sweepstakes law Archives - Klein Moynihan Turco

SCOTUS to Decide Whether Coinbase Sweepstakes Matter Goes to Arbitration

Blog, Sweepstakes & Gaming Law / David Klein

On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. Suski. Before the Court is the issue of whether silence as to arbitration in Coinbase’s Sweepstakes Contest Rules affects the arbitration clause contained in its User Agreement. In general, companies prefer to arbitrate consumer complaints because it […]

SCOTUS to Decide Whether Coinbase Sweepstakes Matter Goes to Arbitration Read More »

Reese’s Potential Sweepstakes Law Violation

Blog, Sweepstakes & Gaming Law / David Klein

As Halloween approaches, so does the kick-off to the official holiday season. During this time of celebration, companies double-down with exciting sales, promotions and sweepstakes. One such business is Reese’s, owned by The Hershey Company. Unfortunately, Reese’s may find itself on the receiving end of regulatory action and/or a consumer lawsuit, as it appears that

Reese’s Potential Sweepstakes Law Violation Read More »

The Importance of a Valid Sweepstakes AMOE

Blog, Sweepstakes & Gaming Law / David Klein

A recent Federal Trade Commission (“FTC”) action against, and settlement with, Publisher’s Clearing House (“PCH”) highlights the importance of offering consumers a free alternative means of entry into all sweepstakes promotions (also referred to as a “sweepstakes AMOE”). Sweepstakes operators may enable consumers to enter a sweepstakes via the purchase of a product or service.

The Importance of a Valid Sweepstakes AMOE Read More »

Reminder: Quebec Sweepstakes Guidelines Exempt U.S.-Based Contests!

Blog, Sweepstakes & Gaming Law / David Klein

Businesses are turning to sweepstakes contests to generate new leads and retain existing customers. Over the years, such promotional efforts have proven to attract customers in virtually every industry. Companies that create these promotions for United States and Canada residents must be sure to follow applicable state, federal, and even “provincial” laws. Sweepstakes guidelines vary

Reminder: Quebec Sweepstakes Guidelines Exempt U.S.-Based Contests! Read More »

The Sweepstakes AMOE in a Nutshell

Blog, Sweepstakes & Gaming Law / David Klein

A good sweepstakes promotion is one of the best ways to generate new business and retain existing customers. While effective as a marketing tool, a lawful sweepstakes must be distinguished at its inception from a lottery. For example, a lottery is made up of 3 elements: prize, chance, and consideration. Lotteries may only be offered by

The Sweepstakes AMOE in a Nutshell Read More »

How to Set up a Website Sweepstakes Promotion

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

Virtually every business has an online presence today. Because of this, the importance of generating website traffic cannot be overstated — it is integral, and paramount to, increasing earnings. How can a company improve its visibility and attract new users to its website? One way is to set up an effective sweepstakes promotion! Please note,

How to Set up a Website Sweepstakes Promotion Read More »

Sweepstakes Law: A Primer on How to Run Compliant Promotions

Blog, Sweepstakes & Gaming Law / David Klein

Sweepstakes promotions are sweeping the nation. With each month and season comes a new and innovative contest. Entities in the not-for-profit sector are getting in the game as well! From Draft Kings, to the National Collegiate Athletic Association (“NCAA”), to the Queens Public Library and countless others, if you’re not running a sweepstakes promotion, you

Sweepstakes Law: A Primer on How to Run Compliant Promotions Read More »

What’s the Difference Between a Raffle and a Sweepstakes?

Blog, Sweepstakes & Gaming Law / David Klein

What is more enticing than the opportunity to win something? An increasing number of companies are betting that consumers will be drawn by the chance to win exciting prizes. With this in mind, many businesses have discovered effective ways to increase awareness of their brands through the use of sweepstakes and other promotions. Before deciding

What’s the Difference Between a Raffle and a Sweepstakes? Read More »