Category: Sweepstakes
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...
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...
"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...
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...
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...
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...
Help! My Sweepstakes is Caught in a Pandemic
Forfeit prizes, cancellation, deadlines, termination, Stores closed, goods sold, how do we get through? Test kits, verification, new prizes, isolation, Entry dates, end dates, what can we do? TV ads, full disclosure, vaccines, when’s it over? Face masks, pick a winner, no more going out to dinner Social distance...
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...
Mayor McCheese Catches the Hamburglar (A Look at the Instant Win Games Scams)
You're offered a $1 million game piece for $40,000 dollars. What do you do? As you might expect, this may be an offer you can't refuse. A recent and very comprehensive article in the Daily Beast , provides an in-depth look at how the history of McDonald's Monopoly Game...
Things That Make You Go Hmmmm
Commercial Co-Ventures and Sweepstakes Promotions Remember that song in the '90s from the C+C Music Factory called "Things That Make You Go Hmmm…." I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C's 15 minutes of fame...
You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)
On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning the PCH Sweepstakes, sued PCH in federal court in New York claiming PCH...
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...
Win Tickets to Opening Day, But How Do I Get There?
Today (March 29 th) is baseball's opening day – the earliest opening day in history. If you're going to the Yankees' opener in Toronto, wear your ski caps it's going to be 9 degrees Celsius – which sounds cold. I bring up baseball because I noticed on mlb.com that...
2017: The Stories that Weren't, Taken from the Tales of the Twilight Zone
"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, and it lies between the pit of man's fears and the summit of his knowledge. This is the dimension of imagination. It is...
The Bare Minimum (Big Suggestions For Little Promotions)
Client: Do we need Official Rules for our sweepstakes? Attorney: Yes. Client: But we're only running a one-day sweepstakes giving away a one-way bus ticket to Cleveland. Attorney: Sorry. Client: But we're no Goliath. In the sweepstakes world size doesn't always matter. While as practical matter, a tiny sweepstakes...
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...
Age Doesn't Matter Except When it Does
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 Groucho, for that word of advice, but let's look anyway into the importance of age in sweepstakes. Minimum Ages 13 or older: If the...
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...
Vacation Sweepstakes Edition (The More You Give, The Less You May Get)
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 it? Sponsors want to create buzz for their sweepstakes. And vacation prizes over the summer months may do just that. In my unofficial count, there...
Where's the Beef? Selling Internet Time Could Get You Time (The Sweepstakes Legitimate Product Requirement)
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 relevant today in sweepstakes world. Even if you have an AMOE, when you provide entries for purchasing a product, it better be a...
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...
“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...
Will The Consumer Review Fairness Act of 2016 Affect Contests and Sweepstakes? (Hint: Yes)
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 products. Congress's way of telling companies: if you ask for it, you're gonna get it. The new law – effective March 14...
2016: The Year in Review
In case you missed it, here are some notable items from 2016 concerning sweepstakes, contests, and related promotional matters: Influencers, Native Advertising, and Endorsements 2016 kicked off with reaction to the FTC's new Native Advertising Rules which seek more transparency in sponsored stories/advertising. In March, in its first enforcement...
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...
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...
Pinterest Revises Promotion Guidelines
Recently and without fanfare, Pinterest revised its Promotion Guidelines in a few significant ways. The old Guidelines said you cannot "run a sweepstakes where each Pin, board, like, or follow represents an entry;" you cannot require people "to Pin from a selection;" and you cannot "require a minimum number...
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