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I recently received an unusual request from the sponsor of a sweepstakes. The sponsor was one month into a three-month entry period stated in their sweepstake’s rules. Now the sponsor wanted to add a few new prizes to increase the number of entrants. The sponsor asked me what would happen if they changed the rules. READ MORE
My usual response to requests to change the official rules of a sweepstakes after it has begun is that you can’t make any changes. However, there may be situations where a change to the rules may not be clear-cut. Here are 12 questions that you may want to ask before deciding whether to change the official rules of a running sweepstakes. READ MORE
Employee incentive programs can have a very positive effect on employees output, efficiency and enthusiasm with respect to their jobs. However, there are a number of aspects of these programs that should be reviewed by lawyers who have experience with incentive programs and the application of state and federal sweepstakes and contest laws. READ MORE
Our popular Thompson Coburn Sweepstakes Creator program has been updated to make it even easier for sponsors to describe their plans for sweepstakes and contests so that we can prepare draft official rules for them quickly and efficiently. READ MORE
Late last year, a new Missouri law went into effect that allows banks and credit unions to sponsor certain savings promotion programs for their customers. Under these programs, by opening a new savings account or depositing a specified amount of money into an account that is already open, customers will have a chance to win prizes. READ MORE
Many people who enter the sweepstakes (as well as some Sponsors) assume that the winner must pay taxes on the amount of the prize’s ARV. However, that is not correct. READ MORE
Pinterest’s guidelines caution companies that many of these requirements vary from place to place. They also urge promotions sponsors to work with a lawyer to make sure they are in compliance. READ MORE
Commercial co-ventures, or cause marketing, as it is sometimes called, generally involves an arrangement between a business and charitable organization to sell a product for the mutual benefit of both parties. READ MORE
Promoting the sweepstakes via the U.S. Postal Service triggers application of the Deceptive Mail Prevention and Enforcement Act (DMPEA) which contains a sizeable list of items that must be included in the sweepstakes. READ MORE
Any businesses that promote sweepstakes should be just as vigilant about double-checking all elements of their promotions before releasing them to the general public. To that end, I’ve created a checklist of 12 of the most important things to look for in these types of promotions. READ MORE
In sports, as in sweepstakes: Sometimes trying to do the right thing at the wrong time can lead to trouble. READ MORE
Companies beware the wrath of a consumer with social media savvy and a serious axe to grind. READ MORE
The IRS and state treasurers don’t care who wins the prize because they are guaranteed to receive a share of virtually every prize awarded. READ MORE
For the most part almost anything can serve as a prize. But several categories of items may be illegal or so closely regulated that the related complications of offering them may prevent their use as prizes. READ MORE
This decision sends a clear message to anyone sponsoring a sweepstakes or contest in Canada (and particularly in Quebec) that promotions such as this must not deceive consumers. READ MORE
COPPA went into effect in April 2000. The law is designed to give parents control over the information that is collected online from their children. READ MORE
Operating in accordance with the rules and alerting entrants to the material terms of the sweepstakes or contest is sound advice when creating any sweepstakes or contest. READ MORE
Three elements must be present — chance, prize, and consideration — for a sweepstakes to be illegal. In most instances, sweepstakes sponsors can avoid concerns about illegal gambling by eliminating consideration. READ MORE
Businesses use the Internet to host promotions because they increase publicity about their products and provide the email addresses of potential customers. Those three advantages are as desirable to political campaigns as they are to businesses. READ MORE
There are three states that require certain types of sweepstakes be registered before they can be implemented in their state. These states’ regulations include significant fines for companies that fail to comply. READ MORE
As a sweepstakes attorney, one of the most frequent questions I’m asked is, “What is the difference between a sweepstakes and a contest?” The short answer: Lots. READ MORE
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