Category: Sweepstakes
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...
In Honor of the Olympics We Give You the International Sweepstakes Edition
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 crash landing in Dubai learned days later that he had won $1,000,000 in the Dubai Duty Free Millennium Millionaire Sweepstakes. http://nyti.ms/2bhMxkK For this...
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...
Enter to Win a Scholarship: Paying for College Through Games of Chance
For many young adults, college classes will be starting soon. For many anxious parents, college costs will be accumulating soon. Thank goodness you can try to bankroll tuition by entering the many available sweepstakes awarding “scholarship” money. For a student, college scholarship sweepstakes offer a simple alternative to actually...
You Might Not Be a Winner
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 anti-gun professors. ” Whoa! The regional director of the group Students for Concealed Carry is quoted as saying “One of 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...
Sweepers - Trying to Clean Up with Sweepstakes Prizes
By rough estimate there are over 20,000 people out there who devote their livelihood to extreme “sweepstaking.” These dedicated denizens of the promotion world scour the Internet and newsletters in search of fame and fortune. They go by monikers such as “Mr. Sweepy” and “Grand Master Sweeper.” Statistics show...
Do I Need the Horse's Permission to Take its Picture for a Contest?
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 prize because the winner did not get her permission to take her horse’s picture. Unknown if the horse gave permission, I can’t...
I Said Your Product was Great, Now Gimme a Prize: The FTC Enforces Its Endorsement Guidelines
Yesterday, the FTC settled a deceptive advertising lawsuit against the creators and marketers of the Lumosity “brain training” program . For those of you not smart enough to know, the “brain training” program claimed to not only boost your performance at work or school, but also slow down those...
Show Me the Money - When Taxes Can Turn Your Dream Home Into a Nightmare
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, winning a mansion could put you in the dog house when you are socked with a hefty tax bill. I’ve written about this issue...
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