Archives: July 2017

Vacation Sweepstakes Edition (The More You Give, The Less You May Get)

It’s summer vacation time and what better way to spend it then basking in the sun after winning that all-expense-paid prize trip.  Or is it?

Sponsors want to create buzz for their sweepstakes.  And vacation prizes over the summer months may do just that.  In my unofficial count, there are about 150 vacation sweepstakes currently running by major brands for trips to Hawaii, Lake Tahoe, Disney World, Miami, Las Vegas, NYC and even Cincinnati.  But Caveat Sponsus, awarding a dream vacation could be a nightmare.

Issues and solutions when offering vacation prizes: (more…)

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Where’s the Beef? Selling Internet Time Could Get You Time (The Sweepstakes Legitimate Product Requirement)

In 1984, Clara Peller, when opening a bun and finding only a tiny burger, first asked the famous line, “Where’s the beef?” This question is still relevant today in sweepstakes world. Even if you have an AMOE, when you provide entries for purchasing a product, it better be a hamburger and not just the aroma.

This week an attorney was reinstated to the Florida Bar after four years and having been convicted (which was later overturned and remanded) of various crimes for advising a client on the legality of running a “sweepstakes” involving internet cafés selling “internet time” to its customers who then received entries which simulated popular casino-style games to reveal whether the customer won a prize.  (more…)

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Commercial Co-Ventures What a Charity Needs to Know

Yay!  Big brand wants to team up and donate part of the purchase price of its sales to your charity.  Do you just have to sit back and watch the money come pouring in?

Procedurally, no; substantively, (mostly) yes.  Even though the “work” in a commercial co-venture may be done primarily by the commercial company in terms of registrations and actual product selling, a charity has a number of its own obligations that cannot be ignored.

A short primer:  Buy this + we donate that = commercial co-venture.  Simple. (more…)

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Liability For Inherently Dangerous Contests (How Many Nathan’s Famous Are Too Many)

It’s fun to watch Joey Chestnut race to scarf down 72 hot dogs in 10 minutes on the 4th of July, isn’t it?  At least the thousands of fans who packed the Coney Island boardwalk and over 1 million television viewers think so.  To a person, weren’t we all thinking, isn’t that dangerous?  Contest promoters may have been thinking, can we do something like this?  Just remember, fools rush in where angels fear to tread.

Very, very unfortunately, people die or get seriously injured from dangerous activity encouraged by skill contests.  Just this year a student at Sacred Heart University died a few days after participating in a charity pie eating contest and days later a man died during a donut eating contest.  And the list goes on. (more…)

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