Blog Posts: You Might Be a Winner
Visit the Full BlogPromotion 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. Through this blog, we will provide insights into the latest developments in promotion marketing law and elicit discussion over questionable, interesting or innovative promotions.
How AI Can Alter Skill Contests
“I ought to be thy Adam, but I am rather the fallen angel.”
AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist in the World Photograph Organization’s Sony World Photograph Awards. Last year, another AI-generated art piece won the Colorado State Fair Fine Arts competition. Contestants...
Help! My Social Media Influencer Caused a Riot
The statistics speak for themselves: Influencer marketing in the US is valued at over $16 billion. 72% of Gen Z and Millennials follow influencers on social media. 89% of marketers intend to increase influencer marketing. And of course, 1 influencer with 3.6 million followers has giveaway in Union Square...
Never Have I Ever
The Updated FTC Endorsement Guidelines and Proposed Rule on Fake Reviews
We’ve all at least once (and maybe only once) played the surprisingly revealing drinking game “Never Have I Ever”. You know, you go around the table with one person asking, “Never have I ever [fill in the blank]” with the others having to chug if they themselves have partaken...
GLORY, GLORY, HALLELUJAH!
VIRTUAL TEACHING PLATFORM HIT WITH COPPA RULE[R]
Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types of mayhem on their school and its staff. The kids of today are now equipped...
Tesla’s Cybertruck Raffle
Examining loyalty points used for chance promotions
On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW: Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know • S/X: 3,500 credits (referrer) • 3/Y: 2,000 credits (referrer) • S/X: 6,000 credits (loyalty) • 3/Y: 3,000 credits (loyalty) &bull...
C’est le fun!
Don’t Forget Quebec Changed its Publicity Contest Law
Hearing “O Canada” being proudly sung during the recent NHL playoffs reminded me to remind you that in June 2021, la province de québec somewhat quietly amended its publicity contest law in order to exempt international contests from its harsh requirements. Et viola! If you are operating a game...
“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest
A Lesson in Contest Rule Interpretation
The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at winning a prize. Based on the new AAA Decision...
Charitable Promotions, Commercial Co-Ventures, Donors Choose, Round-Up, and Peer-To-Peer Solicitations
How The New California Law (AB 488) Will Affect Them All!
It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. So, for all of you brands out there who are planning your 2023 charitable promotions, here’s a primer on the new...
Gambling 101: The Vice That's Getting More Nice
Gambling and more particularly the regulation of gambling has been part of the United States before we were even the United States. Societal standards and the need for revenue have largely shaped the history of legal gambling in the U.S. Risk taking and opportunism were part of the frontier...
NEWS ALERT! FTC Reverses Position On “No Purchase Necessary”
In an astonishing reversal (of fortune), the FTC today (April 1) announced that “No Purchase Necessary” is no longer necessary for games of chance, abolishing 168 years of legal precedent. With the inflation rate accelerating to 7.9%, gas prices up to $7.00 per gallon in some areas combined with...
No Oscar for You! A Look at the Morality Clause
The 94 th Academy Awards might have had dramas you never heard of (subtext COVID), but it wasn’t lacking in drama. When Will smacked Chris, a collective “whoa” rocked the Dolby Theater. The drama intensified when the question was tacitly raised, can the Academy take back Will’s Oscar? The...
Second Circuit Tells DraftKings Participants Cheating is Part of Sports – Get Over it
You read that right. The exact quote from the Second Circuit’s March 21, 2022 decision in Olsen v. Major League Baseball, Docket No. 20-1831, reads as follows: " [A]ny reasonable spectator or consumer of sports competitions—including participants in fantasy sports contests based upon such sporting events—is undoubtedly aware that...
We Donate $1MM To Charity. Do You Really? The NAD is Watching.
Two recent “routine monitoring” determinations of the National Advertising Division of BBB National Programs may indicate a trend toward the NAD’s investigation into cause-related marketing initiatives. On March 1, 2022, the NAD reported that it had reviewed: (1) DoorDash’s website claim: “We are donating $1 million, with $500,000 going...
Win a Train Wreck- Lessons From the Downfall of Artesian Builds
A custom PC company, Artesian Builds, who hyped its image by offering frequent giveaways ranging from $100 gift cards to t-shirts to custom built pcs, announced today (March 10) that it was suspending its business, following a controversy involving its Monthly Ambassador Giveaway. Please stand back when reading about...
Is it Ruff To Run an Internet Currency Sweepstakes?
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...
U.S.A.! U.S.A.! My Product Is Made in the USA
The Winter Olympics are here. I just watched the women’s U.S. hockey team take on Team Canada and it got me wonderin’: are those sweaters “Made in the USA”? To my knowledge, Nike does not tout them as such, and in fact, Nike has not revealed where its U.S...
What Comes Around Goes Around (Odds Facts In The History of Promotions)
When defending Helen Keller from a charge of plagiarism, Mark Twain famously wrote, “substantially all ideas are second-hand.” While it’s possible to come up with a totally new promotion idea, many of our well-known techniques have much older origins. The Billboard: Citizens of Pompeii apparently lived in whitewashed buildings...
It’s a Small World: Navigating a Global Sweepstakes
It's a world of laughter A world of tears It's a world of hopes And a world of fears There's so much that we share That it's time we're aware It's a small world after all. It’s a Small World by Robert B. Sherman and Richard M. Sherman You...
California’s AB 488: You Can Check Out Any Time You Like But You Can Never Leave
The State of California is getting a firm grip on regulating charitable sales promotions with its new law AB 488 which passed in October 2021 and will become effective January 1, 2023 (in order to allow the Attorney General’s office to promulgate regulations to implement the new law). What...
"Let's Be Careful Out There:" When Looking At Sweepstakes To Boost Sales, Don't Make These Common Mistakes
With the current debt crisis looming and people tightening their belts, perhaps we’ll see more brands doubling down on sweepstakes promotions to increase sales. Before your company jumps into the fray, let’s consider some common themes that have some unintended problems: "How to Enter" Problems: “You must be vaccinated...
Cameo and Commercial Co-Ventures
(Educating "Celebrities” on Their Fundraising Efforts)
Everyone not under a rock recently learned that you can soon purchase – for a mere $375 – a personalized video greeting from America’s former mayor turned outcast Rudy Giuliani (perhaps even with copious hair dye streaming down his face if he gets riled enough). For those of us...
A Big Merci Beaucoup to Les Habitants
"Void in Quebec" Est Fini
Oh, Canada, you give us ice hockey, maple syrup, Tom Hortons, and one stubborn province that had a noted aversion to “publicity contests.” But no more. Quebec has amended its laws concerning mandatory registration and fees for “publicity contests” (or what we in the lower 48 call “sweepstakes with...
Scoring A Touchdown With NIL Rights
“NIL” is short for “Name, Image, Likeness,” but for college athletes it may now mean “no income limits.” All three branches of government have essentially agreed that a college athlete could be paid for his/her NIL activities. However, what this means exactly is still far from clear. First, I...
The Raffle: A Calvin to the Sweepstakes Hobbes
Every six-year-old boy, at some time in his short life, comes up with the idea of running a raffle as an ingenious way of earning some easy money. It is then left to his sardonic stuffed animal friend to counsel him on the things he can do. You can’t...
Ad Says: “Terms and Conditions” Apply, Second Circuit Says: No They Don't
On June 8, 2021, the Second Circuit handed down its opinion in the case Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. , No. 20-946, holding that the vague, small type in Subway’s in-store ad referring to its “Terms and conditions” alongside the website address for these Terms was...
Animal Killing Contests: Is That Legal?
I literally had no idea. None. Until I recently saw that a bill in Oregon failed to pass (for the third time!) which would have prohibited the killing of coyotes in contests for cash or prizes. With the prize going to the hunter (used loosely) who can kill the...
Cashing in on Vaccinations: How Can They Do That?
I love it when there are new and innovative approaches to sweepstakes. That’s been the genesis and driving force behind sweepstakes promotions since they began. The term “sweepstakes” itself originated in the late 14 th century to describe someone who “sweeps” (or takes) the entire stakes in a game...
Sweepstakes for Charity: Try Your Luck at Avoiding Regulators
Sometimes doing good isn’t easy. Say you’re a company that wants to run a sweepstakes by asking entrants for donations to charity. Sounds simple. Everyone will think you’re an A-1, socially conscious brand that isn’t even looking to make a profit. Everyone that is, except possibly state regulators. Let’s...
This Week's Show: Cause Marketing and Employee Engagement
On Saturday, August 8, attorney Tawny Alvarez interviewed Rob Laplaca, Partner in Verrill's Litigation & Trial group and Chair of the Promotions group, for a segment of HR Power Hour's radio show. For this episode, Rob and Tawny discuss cause marketing and employee engagement. Rob practices in two primary...
Tips for Running Popular Sweepstakes during a National Emergency
“Service to others is the rent you pay for your room here on Earth.” Muhammad Ali We are seeing a nation pitching in to flatten the curve and countless unsung heroes on the front lines trying to help those infected by the coronavirus. Businesses too want to do their...
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