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  • videocam On-Demand
  • card_travel Corporate Tax
  • schedule 90 minutes

Sweepstakes and Contests: Drafting Rules and Procedures to Avoid Liability and Loss

Statutory and Regulatory Compliance; Litigation

$247.00

This course is $0 with these passes:

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Description

An ever-increasing number of companies are using sweepstakes, contests, and similar promotions to attract customers. The phrase "no purchase necessary to win" – that is, the potential to get free stuff - dances in the heads of consumers, and there are many websites devoted to identifying opportunities to win free prizes. Attorneys lie in wait for these consumers, and other entrants, to detect noncompliance with applicable law and are more than willing to start a "litigation sweepstakes" of their own.

Contests and sweepstakes are subject to both state and federal law. Counsel must understand unfair generic trade or consumer protection statutes, a specific statute on contests, or even common law contract or fraud theories. Some plaintiffs challenge the legality of promotions, claiming them to be illegal lotteries.

To implement legally compliant sweepstakes or contests, a company must draft rules, make those rules available, and comply with those rules. Further, the company must ensure that all of its materials (not just the rules) make required references and disclosures. Detailed steps concerning receiving and selecting entries must be implemented and followed. A contest that unintentionally ends with multiple winners, even without any apparent violation of rules, exposes a company to legal risk.

Listen as this panel of experienced contest and sweepstakes attorneys provides detailed guidance as to the right and wrong ways to implement these useful marketing tools.

Presented By

Barry M. Benjamin
Partner; Chair Advertising and Marketing Group
Kilpatrick Townsend & Stockton LLP

Mr. Benjamin’s practice focuses on advertising, privacy, and technology transactions, in areas where traditional and digital media converge, and where evolving distribution platforms and data gathering tools push the boundaries of intellectual property rights, privacy, technology, and content. He regularly advises clients small and large, from multinational corporations to start-up ventures, across numerous industries including retail, fashion, gaming, telecommunications, cosmetics, food and beverage, consumer products, and technology. Mr. Benjamin regularly negotiates technology and commercial contracts, including advertising industry contracts such as agency-client deals, brand licensing, promotion, native advertising, celebrity talent, endorsement, influencer, and sponsorship agreements, as well as technology contracts such as website development agreements, programmatic media transactions, email marketing and list rental, software development, and hosting agreements. He also has an extensive and varied counseling practice, advising on the structure of and reviewing advertising and marketing campaigns, and drafting terms and conditions for all forms of marketing and promotion initiatives, including sweepstakes, online, mobile, and app games, skill contests, social media engagement, fantasy sports, email, text messaging, and charitable marketing and co-venture programs. Mr. Benjamin is a frequent speaker on advertising, marketing, privacy, and emerging media issues, and has written articles in many different publications. 

Brandon Huffman
Founder
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Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, December 3, 2019

  • schedule

    1:00 PM E.T.

  1. Legal background
    1. Federal statutory/regulatory
    2. State statutory/regulatory
    3. Common law considerations
  2. Compliance steps
    1. Documentation
    2. Detailed rules (content and availability)
    3. Entry documents
    4. Advertisements
  3. Procedure
    1. Entries
    2. Selection
  4. Liability considerations
    1. Challenges to compliance
    2. Liability for mistakes (e.g., multiple winners of one prize)
    3. Insurance coverage

The panel will review these and other critical issues:

  • What types of promotions a company can run
  • The sources and contents of applicable law
  • What steps are necessary to comply with the law (i.e., the drafting of rules)
  • Who can sue, and for what