You Might Be a Winner
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Client: Do we need Official Rules for our sweepstakes? Attorney: Yes. Client: But we're only running a one-day sweepstakes giving away a...
When embarking on your first foray into commercial co-venture land, you may have learned that a commercial co-venturer has to register in six states....
Some things you may not be able to give as prizes: - Smokes (MA, MI, VA) - Gas (NJ, VA) - Beer (many states) - Milk (restricted in a number of...
We all know that the first ad agency was created by William Taylor in 1786 perhaps to help sell the recently invented threshing machine to those...
Marx once remarked, "Age is not a particularly interesting subject. Anyone can get old. All you have to do is live long enough." Well, thanks...
William J. Shakespeare recognized over more than 400 years ago in As You Like It that, "Excess may do you harm." This may still hold true today for...
We all know that promotions involving such things as dairy, gasoline, and cigarettes are illegal in some states, but if you dig a little deeper,...
It's summer vacation time and what better way to spend it then basking in the sun after winning that all-expense-paid prize trip. Or is...
In 1984, Clara Peller, when opening a bun and finding only a tiny burger, first asked the famous line, "Where's the beef?" This question is still...
Yay! Big brand wants to team up and donate part of the purchase price of its sales to your charity. Do you just have to sit back and watch the money...
It's fun to watch Joey Chestnut race to scarf down 72 hot dogs in 10 minutes on the 4th of July, isn't it? At least the thousands of fans who packed...
You may or may not have heard of some recent developments in the promotion world. If you haven't, great, let me be the first to tell you. If you...
Our teachers have told us that there's no such thing as a bad question. In that light, I've come up with 11 common (simple) questions about...
Cause marketing is good marketing according to a recent study. The marketing research firm Toluna conducted a survey of 1,000 U.S. adults and...
Beauty pageants have been around since the Middle Ages when during the English May Day celebrations a May Queen was crowned. But unlike our current...
George Carlin had seven dirty words. Spongebob Squarepants had 13 bad words (7 regular/6 sailor). And New York State has 6,942 dirty words that can't...
What do you do when your esteemed institution of higher learning has an alma mater which, in the words of one professor, could be interpreted as...
There are not many court decisions concerning commercial co-ventures. In fact, there are perhaps five. This is far less than the number of decisions...
Kayla Kraft (no known relation to the cheese people) found herself on a Natural Light coaster with a fake handlebar mustache drinking a beer under...
From a quick Google search I see articles citing "at least 22" states have commercial co-venture laws; "over 30 states have laws governing commercial...
Fishermen(persons?) say that the strongest currents yield the biggest catch. Or at least I think they say that; I really don't fish. But there's a...
On February 9, 2017, a consent order was entered in favor of the FTC against the general manager of a company engaged to procure printing and mailing...
To use or not to use a popular marketing tool? That is the question. Shakespeare, himself, opted for a popular marketing tool when he cast the famous...
On December 14, 2016, the Consumer Review Fairness Act of 2016 was passed to try to put an end to companies taking down nasty reviews about their...
In case you missed it, here are some notable items from 2016 concerning sweepstakes, contests, and related promotional matters: Influencers,...
First, a short history lesson. The term "sweepstakes" dates back to the 15th century in reference to a common game where everyone placed a "stake"...
Under the Digital Millennium Copyright Act (DMCA) to take advantage of the safe harbor from copyright infringement liability, an online service...
I'll admit that I've been part of the people lining up in the wee hours of the morning waiting for the doors to open on Black Friday. I even...
Sports Illustrated recently had an article listing their experts' take on why NFL TV ratings are down an overall 11% from last year. Number 7 on...
On Saturday (October 8), the University of Michigan eleven beat Rutgers by the lopsided score of 78-0. I don't know if the Wolverines were fed red...
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.
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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.