Hinch Newman advises on the various laws, regulations and issues that may also be affected. For example, privacy and data security issues, promotions aimed at children and promotions based on mobile technology. In addition, price promotions promoted through direct email requests must comply with federal and state anti-SPAM regulations regarding disclosures and “opt-out” requirements. Our promotional experience includes online sweepstakes, mobile/SMS games and skill games. The explosion of social media has both expanded the possibilities and increased the complexity of carrying out such promotions. For example, many companies try to offer the opportunity to win a lottery prize when customers or prospects follow them on Twitter or Instagram, “like” them on Facebook, or “pin” them on Pinterest. These platforms offer interesting opportunities for interaction with consumers, but require additional compliance with their ever-changing terms of use and advertising policies. Contests and sweepstakes on the Internet are an opaque field, and companies can easily make unintentional but potentially embarrassing and costly mistakes. It is essential for any business to hire an experienced Internet sweepstakes attorney with a solid understanding of advertising campaign laws and experience navigating applicable state and federal legal landmines with respect to establishing, recording, maintaining, and operating Internet and mobile sweepstakes. Our firm has built an industry-wide reputation over the years, which is due to our extensive involvement with professional associations in this field, our commitment to high-quality legal representation, our educational work, and our sweepstakes website: sweepstakeslaw.com. Venable`s lawyers constantly offer practical solutions to companies that wish to organize sweepstakes and promotional contests. While sweepstakes and contests are an integral part of the marketing mix for many consumer goods and service companies, they are marketing strategies that can carry dangers and legal pitfalls for the inexperienced. Venable is known for working with clients to keep sweepstakes and contest language both clear and simple, as well as to comply with the rules, regulations and laws that apply to this highly specialized area of sales and marketing.
Contests and sweepstakes are popular advertising tools for many types of businesses. How Consumers Win `Sweepstakes` Today: There`s an App for This October 31, 2017 What to Do If the Winner of a Sweepstakes or Contest Wants a Different Prize March 27, 2017 Promotions that offer a prize to the winner of a sweepstakes or contest are becoming more and more common as an effective way to strengthen brand identity and market products and services. Online and mobile marketing has allowed businesses to market their promotions to more consumers. While the accessibility of the Internet and mobile technologies makes them marketingly attractive, the lack of geographical boundaries makes compliance with potentially applicable laws and regulations increasingly burdensome. The next step in the advertising process is to create the “official rules” that define both the framework of the contest and the “contract” between the consumer and the organizer. Venable has created forms and agreements for many types of sweepstakes and contests that can be customized depending on the program. In addition, our clients have also provided the company with the existing advertising rules for our review and analysis. In both cases, Venable has proven to be very effective in analyzing or creating these shapes. The historical perspective and size of the firm gives our lawyers access to the vast resources and knowledge needed to keep our clients at the forefront.
As the popularity of sweepstakes and contests continues to grow and evolve, and more and more such promotions migrate to the internet and mobile device technologies, marketers need to stay ahead of the curve and adapt to the variety of local, state, and federal laws that govern these promotions. Careful planning and careful documentation can be the key to the success of sweepstakes promotions. In some cases, laws that would otherwise make the implementation of a planned doctorate very difficult at best can be fulfilled by a conscious structuring of the doctorate. Careful planning of compliance procedures and early acquisition of professionally prepared documents can minimize unnecessary difficulties and problematic consequences. Whether online, via social media or mobile apps, or via more traditional methods such as mail-in or retail promotions, contests and sweepstakes are subject to a variety of federal, state, and even international laws. These laws may concern lotteries, gambling, privacy, intellectual property, advertising, advertising and many other areas of law. All sweepstakes promotions must include official rules and disclosures. The rules cannot change once a sweepstakes promotion begins. A Hinch Newman online sweepstakes lawyer can help you draft terms and conditions, privacy policies, rules, and release forms. We can also support them in the design and implementation of internal and advertising compliance strategies as well as applicable government filing requirements.
Our lawyers have in-depth knowledge of federal laws such as the FTC Act, which prohibits unfair competition practices as well as fraudulent and misleading advertising. In addition, our sweepstakes lawyers have extensive experience interpreting federal laws applicable to advertising programs, including the Children`s Online Privacy Protection Act; Prevention and Enforcement of the Direct Marketing Act; CAN SPAM; and the Telemarketing, Prevention of Consumer Fraud and Abuse Act. They are also very familiar with the state laws that govern sweepstakes and contests, including those that require certain sweepstakes to be recorded and linked. Sweepstakes and sweepstakes are a popular tool that businesses, marketers, and advertising agencies use to build customer loyalty, drive traffic, increase response rates, and gather valuable insights about current and potential customers. Uniform rules do not provide adequate protection and can result in serious legal exposure under various federal and state laws. If you don`t properly structure a promotion, you`re taking risks ranging from criminal liability for running an illegal lottery to civil lawsuits filed by competitors, participants, or even government agencies for misleading advertising, not to mention negative publicity for your business. Another reason to consult with a lawyer with jurisdiction over contests and sweepstakes when creating your promotion is that contest and sweepstakes laws vary from state to state. Creating contests and sweepstakes that span multiple states or the entire nation (and abroad) can present significant challenges in developing acceptable rules. There`s a reason why promotions and sweepstakes are often accompanied by the fine print. There are a variety of comprehensive laws that govern what you can say and how you can say it exactly. For businesses that want to use sweepstakes, contests, and other innovative advertising campaigns to attract new customers, this can come with significant challenges.
If you are considering an online sweepstakes or advertising marketing campaign, you may need the advice of an experienced lawyer for online promotions. Hinch Newman is familiar with the intricacies of federal and state laws that govern online advertising for promotions such as sweepstakes and contests. The FCC`s “Contest Rule” and How It May Affect Your Contest May 19, 2020 Why a Contest Could Seriously Boost Your Customer Surveys June 9, 2017 Depending on the jurisdiction, promotion channel, entry options, and product or prize offered, countless other state and federal laws or regulations may be affected. To minimize exposure to regulatory investigations and costly litigation, a cautious marketer should contact a lawyer experienced in sweepstakes and promotions on the Internet before organizing a promotional game or contest. At FisherBroyles, we work with in-house lawyers, marketing departments, marketing and advertising agencies, and sweepstakes administrators to ensure the integrity and regulatory compliance of promotions of all kinds. Our contest and promotion lawyers can help: Sweepstakes law is a highly regulated area. Navigating through the myriad of rules and regulations that apply to sweepstakes, contests, and promotions can be disconcerting for those unfamiliar with them. Contest Sponsors and Eligible Contest Operators must comply not only with federal laws and regulations such as the Federal Trade Commission Act, but also with the rules of each state in which they offer residents the opportunity to enter the Contest or Skills Contest.
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