You Might Be a Winner
        A blog from the attorneys of Verrill

        2017: The Stories that Weren’t, Taken from the Tales of the Twilight Zone

        by Robert Laplaca on December 28, 2017

        “It is a dimension as vast as space and as timeless as infinity. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man’s fears and the summit of his knowledge. This is the dimension of imagination. It is an area which we call the Twilight Zone.” Rod Serling.

        Sweepstakes prizes, lottery scams, influencer marking and excessive branding were popular themes throughout 2017. Let’s take a look back in “the dimension of imagination” to illustrate how promotions (can) influence our lives.

        OPRAH’S FAVORITE THINGS.

        Chicago, IL. Dec. 24, 2017. During a live telecast of the Oprah Winfrey Show, a lucky young audience member looked under her seat and found the winning ticket to receive a lifetime supply of “O, That’s Good” comfort foods. Besides the cauliflower disguised as mashed potatoes, the bounty of treats included gluten-free water, “naked” pizza (a/k/a a plain whole wheat tortilla), “guilty-free” potato chips (an empty bag of Lays), and a giant “chocolate” bar made from stale lettuce and kale. Said the lucky winner, “I didn’t get a car, and I didn’t get a car, and I didn’t get a car …”

        POLICE OFFICER TRIES TO FOIL SWEEPSTAKES SCAM.

        Tulsa, OK. Aug. 24, 2017. When P.O. Jake Epee learned that his 90-year old grandma sent all of her retirement savings to Jamaica in the hopes of cashing in on her second prize in the Jamaican lottery, he immediately jumped into action. He moved to Florida, got himself a pre-paid Jitterbug flip phone, opened a LinkedOut account where he posted his Medicare and social security numbers, and applied for a reverse mortgage on his condo. He also posted pictures of his “grandchildren” on Facebook, along with their birth dates, addresses, and favorite candy. He also made sure to click on every link from unknown emails. No sooner was he settled in to his virtual life when calls from Jamaica, Nigeria, and Ireland started pouring in. However, lured by lucrative prizes, P.O. Epee caught the bug and sent checks for “foreign processing” fees, gave his credit card number to pay foreign taxes, and even wired ransom money to release his virtual grandchildren. Today, P.O. Epee can be found wandering the streets of Boca Raton mumbling, “A dollar and a dream …. A dollar and a dream.”

        INFLUENCERS INFLUENCE EACH OTHER.

        Venice Beach, CA. July 2, 2017. Summer 2017 introduced two new beach fads – the Teeny, Teeny, Tiny Bikini and the No Skin Cancer For Me Body Coverall. The Tiny Bikini Company hired You Tube sensation Suzy Shapely while the Coverall Company hired well-known Instagram model Modest Maude to create buzz about their new fashions. Suzy slithered into her skimpy suit and posted videos of her prancing on the beach to the probing public, while Maude jumped into her jumper and posted shots of her comfortably crashed on a beach chair. Both Suzy and Maude also tweeted their feats and blogged their togs until American girls couldn’t decide whether to go French Riveria-style or Northern Territory. But in a stunning twist of fate, the lurer became the lured, the hunter became the hunted and the influencer became the influenced. After watching Suzy’s online stunts, Maude had to have the bikini that was less than more and Suzy couldn’t do without the clothing that covered all. Take notice all you brands that bombard social media with pseudo-fans.

        BRANDING D.C. STYLE

        Washington, D.C. January 16, 2017. Four days before the swearing in ceremony and our President to be has huge plans for publicizing his brand. (Did I say huge plans?) In an interview with Fox News, Mr. Trump said that he knows more about branding than his generals do. That to make America Great Again we have to follow great men. That fake news is trying to destroy the brand he worked so hard to plaster on every building he sees. And that only he is smart enough to fix the problem. He pledged that his agenda for the first 100 days will be:

        • Build a border wall with Canada sponsored by water brand Trump Ice.
        • Get Trump University to join the Ivy League.
        • Force France to change Eiffel Tower to Trump Tower Paris
        • Dealey Plaza = Trump Plaza
        • Mega Millions Lottery = MAGA Millions Lottery

        When previously asked on 60 minutes (7/17/16 look it up) about these ambitious plans to advertise his brand, Mr. Trump replied, “I think I am actually humble. I think I’m much more humble than you would understand.”

        There you have it. Elaborate sweepstakes prizes, lottery scams, influencer marking and branding were all big in 2017. Perhaps these particular stories never really happened, but … [Fade to black].

        Happy New Year.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...