You Might Be a Winner

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        by Robert Laplaca on July 16, 2018

        Over the years there have been a number of promotions that just exploded beyond a brand's expectations. In 2009, Oprah decided to treat the whole...

        by Robert Laplaca on June 21, 2018

        Meet Lil' Miquela. She has 1.2 million Instagram followers: She's modeled such famous brands as Diesel, Versace, Fendi and Chanel. In March, she...

        by Robert Laplaca on June 21, 2018

        Online videos are powerful marketing tools. We've all been there when you watch one video on your phone and suddenly realize you've wasted hours...

        by Robert Laplaca on June 19, 2018

        Bobblehead: "A figurine with a disproportionately large head mounted on a spring so that it bobs up and down, often made as a caricature of a famous...

        by Robert Laplaca on June 12, 2018

        Commercial Co-Ventures and Sweepstakes Promotions Remember that song in the '90s from the C+C Music Factory called "Things That Make You Go...

        by Robert Laplaca on May 22, 2018

        "Beer: The cause and solution to all of life's problems." Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company...

        by Robert Laplaca on May 15, 2018

        As the esteemed Secretary of Defense under two presidents has said: Reports that say something hasn't happened are always interesting to me,...

        by Robert Laplaca on May 14, 2018

        On May 14, 2018, the U.S. Supreme Court declared that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional – meaning...

        by Robert Laplaca on May 8, 2018

        On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from...

        by Robert Laplaca on May 2, 2018

        Advertising lawyers when giving advice to clients on promotional programs and advertising disclosures are always asked by their clients, why must we...

        by Robert Laplaca on April 24, 2018

        On April 20, 2018, Judge John A. Woodcock, Jr. of the US District Court of Maine issued a well-reasoned 39 page decision granting an injunction...

        by Robert Laplaca on April 16, 2018

        As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU...

        by Robert Laplaca on March 29, 2018

        Today (March 29th) is baseball's opening day – the earliest opening day in history. If you're going to the Yankees' opener in Toronto, wear your...

        by Robert Laplaca on March 29, 2018

        Today (March 29) is baseball's opening day and beer and baseball are in the news. The New York Yankees appear to be in trouble for their new...

        by Robert Laplaca on February 23, 2018

        The #MeToo movement has produced constant headlines and has helped positively change corporate culture. Is it possible for its breadth to include...

        by Robert Laplaca on February 12, 2018

        Join me this Friday, February 16, from 1:00 to 2:30pm to learn the specific legal issues that are arising within commercial co-venture campaigns....

        by Robert Laplaca on February 7, 2018

        ----------------------------------------------------------------- In re the Application of ROB LAPLACA, d/b/a...

        by Robert Laplaca on January 30, 2018

        The noted football lover, Karl Lagerfeld, once said, "Clear thinking at the wrong moment can stifle creativity." (This coming from a man who has...

        by Robert Laplaca on January 15, 2018

        Ever hear of the "Trial Mark"? In 1869, for his home brewed medicinal products J.R. Watkins created bottles that included an embossed "Trial...

        by Robert Laplaca on January 5, 2018

        We're starting off the year packing heat. On New Year's Day, the Jeopardy judges exercised their discretion to bump off a contestant who thought he...

        by Robert Laplaca on January 2, 2018

        The FTC put out its consumer protection year in review providing a comprehensive list of significant consumer protection developments in 2017. Let us...

        December 29, 2017

        In case you missed it, labor and employment attorneys Benjamin Ford and Tawny Alvarez were live on air in the Newsradio WGAN studio on the morning of...

        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,...

        by Robert Laplaca on December 20, 2017

        It's story time here at youwmightbeawinner. Young Aaron from Portland, Maine writes, "Mr. Blogger, what do you have to say about the tale of the...

        by Robert Laplaca on December 15, 2017

        In some ways enacting laws is like a contest – a game of skill between qualified legislators – or maybe it's really more like a game of chance...

        by Robert Laplaca on December 11, 2017

        Sports have given us the Icky Shuffle, the Mark Gastineau sack dance and George "Twinkle Toes" Selkirk. Perhaps the greatest dance of all has been...

        by Robert Laplaca on December 4, 2017

        Today (Monday December 4, 2017), the U.S. Supreme Court will hear oral argument in the case Christie v. National Collegiate Athletic Association...

        by Robert Laplaca on November 27, 2017

        "Plus ça change, plus c'est la même chose." From the French for (roughly): there's a form for that. Answer these 17 simple questions to create...

        by Robert Laplaca on November 2, 2017

        We're getting into the swing of the basketball and hockey seasons and you know what that means? (Yes, the Knicks still haven't been mathematically...

        by Robert Laplaca on October 23, 2017

        Client: Do we need Official Rules for our sweepstakes? Attorney: Yes. Client: But we're only running a one-day sweepstakes giving away a...

        About the Blog

        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.

        Blog's Editor
        About

        “You Might Be A Winner”—everyone knows this phrase. It is a tried-and-true marketing device that calls people to action to purchase a product, visit a website, or share an idea in return for the opportunity to win a prize. Through this blog, our goal is to make you a winner by providing useful information in the promotion marketing world.

        Promotional marketing law covers many topics, including sweepstakes, contests, games, giveaways, and coupons. It also includes cause marketing, an area that has proliferated in recent years, which includes commercial co-ventures, flat donations, and sponsorships designed to raise money for charities. Laws often differ among the fifty states (and the federal government) and often can’t keep up with the ever-changing landscape created by innovative marketers. We will try to keep you abreast of promotion marketing law developments and elicit discussion over questionable, interesting, or innovative promotions.

        The blog’s editor, Rob Laplaca, has more than thirty years of experience counseling major brands and marketing agencies as they develop fun and legally sound promotions. He is a frequent speaker at national conferences on promotion law topics and “that guy” who can be seen trying to read the fine print on ads and TV commercials.

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        Firm Highlights

        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...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...