sweepstakes

Ten Things: So You Want to Hold a Contest (and Not Go to Jail)?

I do love the folks in Marketing.  They are always very engaging and fun, and they have cool giveaways they will share with you.  But, I love them a lot less when they show up at my office door wanting to launch a contest. Tomorrow. Ugh. If you’ve been in-house long enough and your company has a marketing department, you will at some point probably need to figure out how to deal with contests and sweepstakes.  These games can be great promotional devices, generating excitement and interest in your company’s products and services. For many companies, these are their most effective forms of advertising.  As consumers, I know that many of us have entered such games – filling out a form, dropping a business card in a fishbowl, submitting a photo, clicking on a link on Facebook, getting a “Monopoly” game piece at the supermarket, or just buying a “Lotto” ticket at the gas station.  As consumers, however, most of us pay little attention to what goes on behind the scenes of a contest or sweepstakes.  As lawyers, we know that creating a successful one takes a lot of work by the business and the legal department, all of which will go to waste if the contest rules are not clear or if the sweepstakes runs afoul of state or federal laws. Unfortunately, sometimes your marketing team doesn’t understand all the work and complexity of pulling off a successful contest or sweepstakes.  It most certainly is not as easy as showing up at your door and announcing that the company wants to launch a one tomorrow or even next week.  As we say in Texas, that dog won’t hunt.  Yet, with some forethought and planning you can work with your marketing team to set up a reasonable process to create and approve contests that meet everyone’s needs. This edition of “Ten Things” discusses the basics of creating legal contests and sweepstakes in the United States:[1]

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