PODCAST: Williams Mullen's Trending Now: An IP Podcast - Sweepstakes and Contests
The internet is now the primary medium for operators to disseminate online gaming, sweepstakes, and contests to participants worldwide. Opposing moral viewpoints, conflicting statutory interpretations and legal challenges...more
“It’s just a giveaway. What could go wrong?” You’d be surprised. A fun marketing initiative can quickly become a legal headache. Behind every good sweepstakes is a legal minefield—one that many brands don’t recognize...more
Legal sweepstakes are an effective means for brands to attract consumer attention and interaction through the allure of possible prize winnings. Some sweepstakes operators, however, have attempted to create business models...more
The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...more
Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more
Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more
Recently, Elon Musk launched a promotion on X (formerly Twitter). The promotion, however, doesn’t follow the rules that are typically required with promotions. Here’s the ad:...more
This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more
This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more
Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more
Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more
Earlier this week, Stryve Foods, Inc. (“Stryve”) announced the launch of its Bitcoin sweepstakes – allegedly the first of its kind by a meat snack purveyor. Participants will be given the chance to win one of five prizes,...more
We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more
The following is a summary of the remarks made by Cristina Vessels at the ACCP Annual Conference held in Denver, Colorado, on October 17, 2023. Understanding the legal requirements for different cause-related marketing...more
Tis the season. Some people like to use the phrase “Doing Well by Doing Good.” Early U.S. business magnates knew that financial benefits can come from philanthropy. In 1888, Cornealius Vanderbilt donated $250,000 (that’s six...more
Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more
Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more
Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more
On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more
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 •...more
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices. This Holland & Knight alert...more
Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more
Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more
In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more
Doing good doesn’t get old. But marketing leaders know that effective promotion of a company’s charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It’s often here that...more