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Sweepstakes and Promotion Law Print PDF

Overview

PIB Law’s Sweepstakes and Promotions Law team consists of experienced professionals advising on all aspects of advertising, trade practices, marketing, sweepstakes and sales promotion matters.  We lean in and advise our clients through every stage of the implementation process, from initial concept through promotion fulfillment.  We navigate and guide clients through advertising and marketing issues, while maintaining a solid bearing on business, legal and regulatory aspects of promotional success and compliance.  Our team provides practical and realistic legal advice across rapidly evolving media technologies including social media programs, loyalty and reward programs, gift cards, sweepstakes, and telemarketing.  We believe that a deep understanding of promotions hosting platforms is essential to a well-designed and managed process: social media, mobile media, user generated content, email, direct mail, retail and online promotions.

Our Sweepstakes and Promotion Practice works in conjunction with PIB’s Trial and Class Action, Corporate and M&A, and our Intellectual Property teams to counsel clients on the full gamut of legal issues that may arise in the context of conducting an advertising, marketing or promotion campaign.  Our team is well versed in all aspects of creating, structuring, marketing and fulfilling sweepstakes and promotions, including the following services:

  • Advise and Analyze
  • Existing promotional and sweepstakes materials
  • Initial contest concepts
  • Promotion Structure
  • Data privacy and security requirements
  • Advertising and direct marketing materials including consumer advertising, packaging, print-ads, point-of-sale, online and mobile media, radio, television and movies
  • Licensing of intellectual property
  • Handling bonding and registration requirements, when required
  • Compliance:
  • State and federal laws
  • Regulatory compliance
  • Specialized compliance, such as social media site guidelines, policies and procedures
  • Design, Structure and Negotiate:
  • Program guidelines and rules
  • Consumer offers, such as rebates, gift cards and discount cards, coupons and giveaways
  • Employee sales incentive programs
  • Sweepstakes, contests, games and other promotions
  • All forms and agreements necessary for the sweepstakes
  • Related agreements such as spokesperson, talent and joint ventures, service agreements, marketing contracts, endorsements and sponsorship contracts official rules, abbreviated disclosures, ad copy and fulfillment documents and liability and advertising releases
  • Charitable and cause related sales promotions including commercial co-ventures and donations
  • Solutions:
  • Negotiating conflict resolution
  • Advocating client’s interests through a related litigation or regulatory hearing