CONTESTS & SWEEPSTAKES

Promotional contests and sweepstakes are a popular tool that businesses, marketers, and advertising agencies use to build customer loyalty, drive traffic, increase response rates and collect valuable information about current and potential customers.  One-size-fits-all rules do not provide adequate protection and can create serious legal exposure under various federal and state laws.  In failing to structure a promotion properly, you run risks ranging from criminal liability for running an illegal lottery to civil suits from competitors, participants or even government agencies for deceptive advertising – not to mention negative publicity for your company.

At FisherBroyles, we work with in-house counsel, marketing departments, marketing and advertising agencies, and sweepstakes administrators to help ensure the integrity and legal compliance of promotions of all varieties. Our contest and promotions attorneys can assist you with:

  • Drafting of official rules
  • Review of promotional advertising copy
  • Drafting of abbreviated rules, disclosures, and terms and conditions
  • Conducting legal research to ensure the promotion complies with applicable laws
  • Drafting sponsorship, prize fulfillment and licensing contracts
  • Developing policies on privacy and data collection
  • Coordinating sweepstakes registration and bonding
  • Advising on entry forms and viable alternative methods of entry
  • Disclosures and disclaimers
  • Drafting affidavit of eligibility and liability/publicity release for prize winners
  • Advising on judging policies, winner selection and winner notification
  • Policies relating to minors/COPPA
  • Coordinating promotions with third parties
  • Advising on user-generated content platforms
  • Intellectual property issues