sweepstakes law

Your Giveaway May Violate Applicable Sweepstakes Laws - Klein Moynihan Turco

Your Giveaway May Violate Applicable Sweepstakes Laws

Brands often use giveaways as a marketing tool to create buzz among the consuming public. When done correctly, businesses can see an increase in revenue and consumer loyalty through giveaways. However, when a giveaway campaign is poorly structured, brands can suffer reputational harm and may be subject to regulatory action and/or civil litigation.  

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Why Sweepstakes Contest Rules Matter - Klein Moynihan Turco LLP

Why Sweepstakes Contest Rules Matter

Sweepstakes are valuable marketing tools that businesses use to promote their products and services across all forms of media. If businesses are interested in running legal sweepstakes promotions, they must be aware of the importance of sweepstakes contest rules. Prior to the commencement of sweepstakes contests, their parameters (e.g., duration and prize amounts) must be

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Sweepstakes Promotions: Winner Selection Tips - Klein Moynihan Turco LLP

Sweepstakes Promotions: Winner Selection Tips

How to Navigate the Winner Selection Process for Sweepstakes Promotions Sweepstakes promotions continue to be a popular tool that businesses use for customer acquisition, engagement, and retention.  However, several aspects of these promotional contests (e.g., marketing and the logistical considerations associated with running such contests) can come with legal risks for sweepstakes operators. Specifically, the method of

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How to Design An NFT Giveaway Like MCD's McRib - Klein Moynihan Turco LLP

How the McRib Became An NFT Giveaway

Before reintroducing the McRib in its restaurants on November 1st, McDonald’s created an NFT (short for non-fungible token) giveaway to celebrate the 40th anniversary of launching this seasonal sandwich. By turning its attention to the Internet, McDonald’s was able to secure an audience infatuated with the newness of NFTs, as well as connect with loyal McRib

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Sweepstakes Rules - Carved in Stone - Klein Moynihan Turco LLP

Sweepstakes Rules: Carved in Stone

Promotional contests and sweepstakes are increasingly popular marketing methods. However, many prospective sweepstakes operators may not be aware of or fully understand the importance of the sweepstakes rules governing the applicable contests. Unlike other marketing means, sweepstakes promotions cannot be adjusted or terminated mid-campaign, based simply on the desires of the sponsor. The parameters of the

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Sweepstakes and Promotions - Klein Moynihan Turco LLP

Sweepstakes and Promotions: Winning the Marketing Grand Prize

Sweepstakes and promotional games are a dynamic and cost-effective way to develop a database of engaged consumers and otherwise increase brand awareness. Consumers are more easily attracted to your marketing message or brand by the opportunity to win prizes than with more mundane advertising that offers little in the way of incentive. When running such

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

Does Your Business Need a Sweepstakes Opinion Letter?

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?

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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