Sweepstakes

No Purchase Necessary

Why Your Sweepstakes Needs “No Purchase Necessary” Language

Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service.  Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. However, when designing a sweepstakes, it is important to be mindful of the […]

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sweepstakes disclosures

Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk

This blog post was updated on May 30th, 2022 for comprehensiveness. Promotional contests and sweepstakes are particularly effective ways of creating brand awareness and attracting new customers. Unlike static, non-interactive banner advertisements, sweepstakes promotions are a great means to entice and incentivize consumer engagement with the allure of prizes and other benefits. When using sweepstakes as a promotional

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Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must abide by the laws governing

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Running a sweepstakes? Discuss 'sweepstakes consideration' with a sweepstakes lawyer

Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element

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 consequences and cause marketing teams

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Facebook sweepstakes

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

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 rules that sweepstakes operators must

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Mobile App Sweepstakes and the Law

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, one particularly potent means of

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Federal Court Dismisses Sweepstakes Law Class Action

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 Act (“DMPEA”), and New York

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FTC Obtains Sweepstakes Sponsor Asset Freeze

September 20, 2018 In February of this year, the Federal Trade Commission (“FTC”) and Missouri State officials brought charges against a network of Kansas City area businesses (“Defendants”) which allegedly had used deceptive sweepstakes and other prize mailers to bilk consumers out of more than $100 million. The complaint alleges that Defendants sent prize notices

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