This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more
10/11/2024
/ Advertising ,
Contests & Promotions ,
Contract Terms ,
Force Majeure Clause ,
Marketing ,
Performance Standards ,
Regulatory Agenda ,
Social Media ,
Sweepstakes ,
Termination Clauses ,
TikTok
“Charlie Hustle” died this week – 35 years after being banned for life from Major League Baseball and from enshrinement into its Hall of Fame. I don’t need to regurgitate Pete Rose’s stats; anyone who saw him play knows how...more
The legal sports betting industry raked in $11 billion last year, plus billions in tax revenues for states. You can’t get through a 30-second TV timeout without 90 seconds of commercials for legal gaming sites. Since 2018...more
This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more
When last we wrote about registration under California’s new online charitable solicitation law (CA AB 488), we let you know that final regulations were issued on March 26, 2024, and registration under the new law would be...more
Wow, the U.S. Supreme Court decided a sweepstakes issue today.
Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum...more
“Slick Willie” Sutton knew why he robbed banks – “Because that’s where the money is.” Likewise, there is money to be made in running sweepstakes. The question arises for the intrepid entrepreneur – why not just sell anything...more
We have previously warned you about the new California law (AB 488) concerning registration for many types of online cause marketing programs.
On March 26, 2024, CA finally issued final regulations to its AB 488...more
While the U.S. Congress may be retarded in its lawmaking responsibilities, the States of Tennessee and Utah recently passed legislation affecting charitable sales promotions as follows:
Tennessee:
Amended its...more
Maybe it’s just me, but I think when promotion lawyers see an innovative sweepstakes, they think about the legal issues raised. I’m sure the jurisconsults debated over whether Tali, Terni Lapilli and Ludus Latrunculorum could...more
Tis the season. Some people like to use the phrase “Doing Well by Doing Good.” Early U.S. business magnates knew that financial benefits can come from philanthropy. In 1888, Cornealius Vanderbilt donated $250,000 (that’s six...more
Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more
“I ought to be thy Adam, but I am rather the fallen angel.”
AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist...more
The statistics speak for themselves:
- Influencer marketing in the US is valued at over $16 billion.
- 72% of Gen Z and Millennials follow influencers on social media.
- 89% of marketers intend to increase influencer...more
8/8/2023
/ Advertising ,
Confidentiality Policies ,
Content Marketing ,
Content Publishing ,
E-Commerce ,
FTC Endorsement Guidelines ,
Influencers ,
Liability Insurance ,
Marketing ,
Online Platforms ,
Regulatory Requirements ,
Social Media ,
Terms and Conditions ,
Websites
We’ve all at least once (and maybe only once) played the surprisingly revealing drinking game “Never Have I Ever”. You know, you go around the table with one person asking, “Never have I ever [fill in the blank]” with the...more
7/7/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types of mayhem on their...more
Examining loyalty points used for chance promotions -
On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW:
Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know •...more
Hearing “O Canada” being proudly sung during the recent NHL playoffs reminded me to remind you that in June 2021, la province de québec somewhat quietly amended its publicity contest law in order to exempt international...more
The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more
This week the U.S. Supreme Court will hear argument in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC, U.S. Doc. No. 22-148, to decide the question:
Can we do that? ...more
It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. ...more
7/28/2022
/ California ,
Charitable Donations ,
Charitable Organizations ,
Co-Ventures ,
Consent ,
Contests & Promotions ,
Disclosure Requirements ,
Donors ,
New Legislation ,
Peer-to-Peer ,
Registration Requirement ,
Reporting Requirements ,
State and Local Government
Gambling and more particularly the regulation of gambling has been part of the United States before we were even the United States. Societal standards and the need for revenue have largely shaped the history of legal gambling...more
The 94th Academy Awards might have had dramas you never heard of (subtext COVID), but it wasn’t lacking in drama. When Will smacked Chris, a collective “whoa” rocked the Dolby Theater. The drama intensified when the question...more
You read that right. The exact quote from the Second Circuit’s March 21, 2022 decision in Olsen v. Major League Baseball, Docket No. 20-1831, reads as follows:...more
Two recent “routine monitoring” determinations of the National Advertising Division of BBB National Programs may indicate a trend toward the NAD’s investigation into cause-related marketing initiatives....more