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

        Is it Ruff To Run an Internet Currency Sweepstakes?

        by Robert Laplaca on February 22, 2022

        Last month, a class action lawsuit was dismissed, in part, against plaintiffs who opted into Coinbase Global’s $1.2 Dogecoin sweepstakes. Dogecoin is an open source peer-to-peer digital currency (say that twice), with a cute Shiba Inu as its mascot. Even though the sweepstakes dealt with the new and ever-growing virtual currency world, the principles applied by the Court go back to the earliest lottery cases and demonstrate that you don’t have to teach a dog new tricks. See, Suski v. Marden-Kane, Inc., 2022 WL 103541 (N.D. Cal. 2022).

        According to the Complaint, Coinbase’s advertisements for the sweepstakes stated:

        Trade DOGE. Win DOGE. Starting today, you can trade, send, and receive Dogecoin or Coinbase.com and with the Coinbase Android and iOS apps. To celebrate, we’re giving away $1.2 million in Dogecoin. Opt in and then buy or sell $100 in DOGE on Coinbase by 6/10/21 for your chance to win. Terms and conditions apply. [With a “See all rules and details” link in smaller font.]

        Three important issues were decided by the Court:

        Arbitration or Court? The Court first had to decide whether the case was properly in court or whether it should be kicked to arbitration. Coinbase argued that the claims had to be brought in arbitration based upon the language in the Coinbase User Agreement agreed to by the plaintiffs when they created their Coinbase accounts. This User Agreement contained a broad arbitration clause mandating any disputes to be settled in arbitration and without resort to class action. The Official Rules for the Sweepstakes, however, provided that California courts shall have sole jurisdiction over any disputes concerning the promotion. With these conflicting provisions, who wins? The Court held that the subsequent provision – in the Sweepstakes Official Rules – supersedes the earlier User Agreement on the website.

        Illegal Lottery? Plaintiffs argued that the Sweepstakes was an illegal lottery because entrants had to trade Dogecoins in order to enter. But the Court agreed with the Sponsor who did provide an AMOE by allowing mail-in entries as stated in the Official Rules. We note that according to the Official Rules, winners selected who used the AMOE to enter were then required to create a new Coinbase account to receive their prize. This aspect – which could arguably be a form of consideration necessary to receive the prize – was not addressed in the Court’s opinion.

        Deceptive Advertising? While the Court was satisfied that an AMOE was available, the Court had serious questions as to whether this AMOE was sufficiently disclosed. The Court stated that Sponsor’s “advertising methods heavily directed people to make a trade in order to participate in this sweepstakes” and that its “statements regarding ‘no purchase necessary’ were ambiguous in light of the other statements regarding the need to ‘buy or sell’ Dogecoin.” Therefore, the Court did not dismiss the deceptive advertising claim.

        The entire decision is now up on appeal to the Ninth Circuit.

        What we can learn.

        The most important lesson from the opinion is that you always have to go back to the basics. While Sweepstakes have become more intricate and nuanced, they’re still, at heart, sweepstakes. Every dog has to know Sit! Stay! Heel! before he can start jumping through hoops at the National Dog Show.

        Also, make sure all of your terms play well together. Just like you don’t want a little yappy Bichonaranian mixing with a Alaskan Malamute, conflicting terms in your rules, ads, and website terms and conditions can cause unnecessary injury.

        Last, an AMOE is really only good when people know about it. People are like dogs. They pay attention to what’s put in front of them. Does Spot care if there are “healthy” treats in the truck of the car? No, Spot wants the big soup bone he just saw you place on the counter. Don’t be afraid to disclose the AMOE (or at least the availability of an AMOE) by saying more than “see full terms here.” It’s likely the consumer will still want that juicy bone.

        Please contact Robert Laplaca to answer any questions or provide additional information about this post.

        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 Contact

        Subscribe

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

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...