You Might Be a Winner

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        by Robert Laplaca on September 23, 2016

        On Tuesday (September 20, 2016), the FTC and Nutraclick entered into a consent order concerning Nutraclick's online offer for "free" samples of...

        by Robert Laplaca on September 23, 2016

        Olympic prize awards are generally taxed like other prizes. Some lawmakers have seen this practice of taxing our Olympians as a "victory tax." On...

        by Robert Laplaca on September 13, 2016

        Yesterday, the Ninth Circuit Court of Appeal dismissed a lawsuit against Yelp! by a disgruntled business that received a one-star rating from a...

        by Robert Laplaca on September 7, 2016

        When the last online fantasy football game was played, the attorneys general of New York, Nevada and Illinois were throwing penalty flags, state...

        by Robert Laplaca on August 23, 2016

        Unless you've Rip Van Winkled for the past month, lost your television/iPhone/iPad, or simply given up on international competitive athletics to...

        by Robert Laplaca on August 19, 2016

        Recently and without fanfare, Pinterest revised its Promotion Guidelines in a few significant ways. The old Guidelines said you cannot "run a...

        by Robert Laplaca on August 15, 2016

        On July 11, 2016, the FTC announced that it had settled charges against Warner Bros. that it paid online influencers to post positive game play...

        by Robert Laplaca on August 15, 2016

        In a twist that would make Alanis Morrisette sing, "Isn't It Ironic", last week the New York Times reported that a survivor of an Emirates airline...

        by Robert Laplaca on July 12, 2016

        According to Wikipedia, the term "copy-and-paste" refers to the popular, simple method of reproducing text from a source to a destination. We all do...

        by Robert Laplaca on June 30, 2016

        Competitive video gaming is a somewhat recent attraction for (mostly) young adult boys and (mostly) men who think they are young adult boys. I've...

        by Robert Laplaca on June 24, 2016

        For many young adults, college classes will be starting soon. For many anxious parents, college costs will be accumulating soon. Thank goodness you...

        by Robert Laplaca on June 22, 2016

        A good brand's reaction to any human tragedy is to try to find a way to help. Most recently, we have seen an outpouring of support for the Orlando...

        by Robert Laplaca on May 13, 2016

        I came across an article in the Dallas Morning News the other day titled "Campus carry group may offer 'cash prizes' to UT students who call out...

        by Robert Laplaca on April 20, 2016

        Imagine a football field roped off and sectioned into 500 marked squares. Imagine further a cow roaming free on this football field trying to find...

        by Robert Laplaca on April 13, 2016

        You can buy almost any product that is "all natural" -- skin cream, soap, shampoo, cleaners, grass seed, bug repellent, pet spray, even hair loss...

        April 6, 2016

        Marketing is supposed to be fun. And by golly, the folks at HBO are circling the bases by taking on sport's most esteemed franchise, the New York...

        by Robert Laplaca on April 1, 2016

        By rough estimate there are over 20,000 people out there who devote their livelihood to extreme "sweepstaking." These dedicated denizens of the...

        by Robert Laplaca on March 16, 2016

        This week the FTC settled charges against Lord & Taylor from alleged deceptive native advertising during its March 2015 Design Lab social media...

        by Robert Laplaca on March 15, 2016

        Your company just made a major announcement that it is partnering with a charity that you now find is involved in a scandal. What can you do? The...

        by Robert Laplaca on February 11, 2016

        Recently, the US District Court for the Northern District of Illinois dismissed a putative class action lawsuit claiming that the online game Castle...

        by Robert Laplaca on February 10, 2016

        We all know Peyton Manning – he's a professional pitcher: for Papa Johns, DirecTV, Buick, and Gatorade, among others. He's also a professional...

        by Robert Laplaca on February 3, 2016

        What is it with New York these days; it's a boon for promotion lawyers. First, the Attorney General says daily fantasy sports are illegal gambling...

        by Robert Laplaca on February 3, 2016

        The Guardian reported on February 2 that the owner of a horse who was in a winning contestant's selfie claims that she should share in the contest...

        by Robert Laplaca on January 26, 2016

        Did you know that you can legally trade futures contracts on whether Trump tanks in Iowa or Sanders soars in New Hampshire? Two not-for-profit...

        by Robert Laplaca on January 14, 2016

        What's good for the goose isn't always good for the gander. 44 states are selling legal lottery tickets to hopeful citizens with the 1 in 292.2...

        by Robert Laplaca on January 6, 2016

        Yesterday, the FTC settled a deceptive advertising lawsuit against the creators and marketers of the Lumosity "brain training" program. For those of...

        by Robert Laplaca on January 4, 2016

        You've heard this sales pitch before. Its cousins are "A percentage of proceeds to charity" and "A portion of the proceeds to charity". Do you really...

        by Robert Laplaca on December 31, 2015

        On December 22, in my blog on the Miss Universe debacle, I related the story of the mother of baby Yuki Lin who was awarded $25,000 for giving birth...

        by Robert Laplaca on December 31, 2015

        It's that time of year again, the 20th annual HGTV Dream Home 2016 Sweepstakes began December 29th. As the sponsor of this promotion has recognized,...

        by Robert Laplaca on December 30, 2015

        There is a common belief that corporations must do everything with an eye to producing profits for shareholders. But that is not so. In fact, in its...

        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...