Category: Contest
“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest
A Lesson in Contest Rule InterpretationThe 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...
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...
"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...
A Big Merci Beaucoup to Les Habitants
"Void in Quebec" Est FiniOh, 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...
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...
The Year in Lawsuits
2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From "The Annoyance Lawyer" to Bobbleheads to "You're Probably Never Going to Be A Winner." The most depressing thing is the lawsuits themselves, often filled with either corrupt sponsors or litigious...
What’s the Straight Dope on Marijuana Promotions?
Prop 215 was enacted in California twenty-two years today on November 5, 1996. This law was the first of its kind in the U.S. to legalize medical marijuana use. Since then 30 states have approved medical marijuana use and 9 have legalized recreational marijuana. Maybe a long timing coming...
IGTV – Instagram's New YouTube
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 watching clips of a dog skateboarding, a step-by-step tutorial on making a unicorn cake, and your favorite celebrity's appearance on a talk show. While video...
Poetry in Motion: High School Student/Immigrant Allowed to Participate in Contest Even When Excluded from Eligibility
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 against the National Endowment for the Arts (NEA) from prohibiting a high school student from Zambia, seeking asylum in the US, from participating in...
How Will The General Data Protection Regulation Affect Your Sweepstakes Across the Pond
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 and adopt laws similar to the General Data Protection Regulation (GDPR). For now, if you are running a sweepstakes or contest...
The 2018 Most Interesting Super Contests for the Super Bowl
The noted football lover, Karl Lagerfeld, once said, "Clear thinking at the wrong moment can stifle creativity." (This coming from a man who has dressed in the same outfit for 50 years.) This year, the marketers have thrown away the playbooks, sidestepped clear thinking and used Bill Belichik-like creativity...
Is a Gangsta A Gangster?: Does the Judges' Discretion put Contestants in Jeopardy?
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 was in the pink. Answer (it's Jeopardy ): "A song by Coolio from 'Dangerous Minds' goes back in time to become a 1667 John...
Time to Take Your Shot: Prize Indemnity Insurance Edition
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 eliminated.) But also, it's time for the Half-Court Shot Contests and Blue Line Shot Contests to give weekend warriors the chance to quit their day...
What Prizes Can/Can't Be Given Away
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 states) - iPad (formerly) - Yankees tickets (because they may contain a no-transfer provision) - Puppies (most states...
Sweepstakes Rules: How Much Is Too Much?
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 sweepstakes and contest Official Rules. The internet has allowed Official Rules to be as long as a lawyer's imagination. But don't...
You Can’t Do That (Strange But True Illegal Contests)
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, you'll learn that a red flag should go off if, for instance, a sponsor wants to run a dance marathon/kissing contest next Valentine's Day...
Liability For Inherently Dangerous Contests (How Many Nathan's Famous Are Too Many)
It's fun to watch Joey Chestnut race to scarf down 72 hot dogs in 10 minutes on the 4 th of July, isn't it? At least the thousands of fans who packed the Coney Island boardwalk and over 1 million television viewers think so. To a person, weren't we...
How About Some Updates?
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 have, my update is better. Endorsements/Influencers Back in the 1940s, a sociologist named Paul Lazerfield introduced the psychology behind the...
Some Common Sweepstakes and Contests Questions Answered
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 running a sweepstakes or contest. And to prove that there are no bad questions, I've also gone ahead and answered them. Enjoy! Social...
With A Nod to May Day, Let's Look at Beauty “Contests”
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 pageant winners who go on to work toward advanced degrees and to advanced popular causes, folklore has it that our early May Queens' reign...
Tapping Into a New Method of Cause Marketing
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 being "complicit with racism"? You do the right thing and engage the community to fix the injustice. This is exactly what Harvard University...
Hey That’s Me Drinking That Beer! UGC Rights at Issue in Beer/Photo Lawsuit
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 the heading "Every Natty Has a Story." She apparently didn't like that story and just sued Anheuser-Busch , the makers of Natural Light beer...
One Whale of a Story $2MM Fishing Contest Prize in Dispute After Failed Polygraph Test
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 storm a brewing in Maryland federal court over a disputed $2.8 million first prize in the "world's largest billfish tournament," known as the White...
“You Are [NOT] a Winner” Consent Order Entered Against Printer/Mailer of Deceptive Prize Notifications
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 of deceptive prize notifications. The individual got laminated for $800,000 (subject to reduction). The lesson: anyone involved with deceptive prize/sweepstakes/contests mailings could...
Throw Back Thursday Edition: Vintage Sweepstakes and Contest Ads, How Far We've Come
First, a short history lesson. The term "sweepstakes" dates back to the 15 th century in reference to a common game where everyone placed a "stake" and the winner "swept" up all of the stakes when he won. And how about this – the term "sweepstakes" (or "swoopstake") was...
Condemnation, Litigation, Regulation, Legislation, Congratulation – Are NFL Ratings Down because of The Daily Fantasy Sports Crackdown?
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 their top 10 list was the Daily Fantasy Sports (DFS) bans. Should the past year of condemnation, litigation, regulation and legislation lead...
U.S.A! U.S.A.! - House Votes to Eliminate the "Victory Tax" on Olympic Prizes
Olympic prize awards are generally taxed like other prizes. Some lawmakers have seen this practice of taxing our Olympians as a "victory tax." On Thursday (Sept. 22, 2016), the House of Representatives overwhelmingly passed a bill exempting U.S. medal winners from paying taxes on the money they receive from...
Why is That in the Official Rules? What to Know When You Copy and Paste
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 it. You may even do it to draft your Official Rules for a sweepstakes or contest. No need to re-create the wheel, right? But, to...
The Cow Chip Raffle OR How to Turn Poop Into Loot: An Analysis of a Raffle Law
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 the perfect spot to leave a cow pie (that's farmer for poop). Imagine even further a lucky contestant who placed her money on the...
Having Fun with the Yankees (Or at Their Expense): Opening Day Edition
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 Yankees. I'm talking about Comedian John Oliver's "I Have Never Sat In A Premium Location" contest. If you haven't heard about it...
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