We represent franchisors and other sponsors of sweepstakes and contests. We assist sponsors to comply with applicable law in the creation and implementation of marketing programs involving sweepstakes and contests. Our services include:
preparation of the Official Rules for sweepstakes and contests;
review and preparation of recommended language for game pieces, advertising script, and other marketing and promotional materials; and
state registration of sweepstakes, where required.
Please contact us for more information.
Sweepstakes and contests can be powerful tools for promoting the sale of particular items or services, increasing traffic to businesses, obtaining consumer contact information, obtaining sales leads for prospective customers, developing customer loyalty, providing incentive for customers or the public to take some other action to benefit the sponsor, developing new creative ideas, developing goodwill, and raising public awareness of issues.
If properly designed and implemented, these promotions would be legal in the United States. But, if there are problems with the design or implementation, then the sponsor may have inadvertently created an illegal lottery or an illegal gambling operation. There can be substantial liability for various types of legal violations arising out of sweepstakes and contests if not properly designed and implemented, such as violation of anti-gambling and anti-lottery laws, violation of laws governing sweepstakes and contests, breach of contract, fraud, and violation of consumer protection and deceptive practices laws. Other risks associated with an improperly designed or implemented promotion include waste of marketing resources, negative publicity and loss of goodwill. All of these risks can be effectively minimized by a properly drafted set of Official Rules – if the sponsor actually follows the Official Rules.
There are additional ancillary legal issues that commonly affect sweepstakes and contests, such as laws regarding privacy rights, trademarks, copyrights, publicity rights, special industry laws, and perhaps international laws. Many of these issues can be effectively covered with an adequate set of Official Rules governing the sweepstakes or contests.
If the sweepstakes or contest will be promoted via social media, there are extra considerations that should be taken into account. In addition, due to the legal nature of the franchisor-franchisee relationship, there are particular legal and practical challenges that should be addressed when sweepstakes and contests are sponsored by franchisors or franchisees.
Licensed in California, Nevada and Texas. Not certified as to any specialty by any state bars.
This web site provides general information only. Laws differ from state to state, and they change over time. Nothing included in this web site should be construed as creating an attorney-client relationship, or as the provision of legal advice.
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