Illegal gambling is generally defined as an activity where a person provides consideration for the opportunity to win a prize in games of chance. Consideration typically takes the form of currency, but it can be anything of value (hence the idiom, losing your shirt). If there is no consideration, or the game is deemed a […]
Games of Skill v. Games of Chance – The Legal Analysis Read More »
July 30, 2018 Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan (“Raymour”), pursuant to a forum-selection clause contained in its Sweepstakes Official Rules (“Sweepstakes Agreement”). Evelyn Manopla, the Plaintiff named in the sweepstakes law class action against Raymour, argued that
Motion to Transfer Venue in Sweepstakes Law Action Granted Read More »
April 6, 2018 Earlier this year, a federal district court in the State of Illinois certified a class action sweepstakes lawsuit in which an Illinois consumer alleged that HMI Industries, Inc., TD Bank, and A-1 Allergy Relief, Inc. violated the Illinois Prizes and Gifts Act, 815 ILCS 525/1, et seq. (“Prizes and Gifts Act”), Illinois
Prizes and Gifts Act Sweepstakes Lawsuit Read More »
February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new
NCAA Dunks on Sweepstakes App Provider in Trademark Lawsuit Read More »
January 3, 2018 Recently, the fast food sandwich chain Subway agreed to discontinue certain sweepstakes advertising practices in response to a Children’s Advertising Review Unit (“CARU”) inquiry. What prompted CARU’s investigation of Subway’s sweepstakes advertising practices?
Subway to Rethink Sweepstakes Advertising After CARU Inquiry Read More »
October 19, 2017 Mobile App Sweepstakes Are an Effective Tool for Business Owners Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers. In conjunction with this trend, there
Mobile App Sweepstakes and Social Media – A Legal Perspective Read More »
September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers. Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance to win prizes and other
Why Your Sweepstakes Promotion Needs a Privacy Policy Read More »
June 7, 2017 Prize promotion and risk management company SCA Promotions, Inc. (“SCA”) recently asked the Fifth Circuit to overturn a Dallas federal court’s judgment on appeal in SCA’s March Madness sweepstakes lawsuit against Yahoo! Inc. (“Yahoo”). How can contest and sweepstakes sponsors protect themselves?
Prize Promoter Trudges Forward with March Madness Sweepstakes Lawsuit Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising