May 15, 2018 9:00 am
As the esteemed Secretary of Defense under two presidents has said:
Reports that say something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we don’t know. But there are also unknown unknowns – the ones we don’t know we don’t know.
I don’t know what category to put DFS in. Maybe we know that it’s a game of skill. Maybe we know that we don’t know that it’s a game of skill. And maybe we don’t know that we don’t know it’s a game of skill. While Donald Rumsfeld has made it clear as mud how we can consider this known/unknown conundrum, two industrial engineers sought out to know just what we know and don’t know, and as a result, now we know, in case it was previously unknown, that DFS is a game of skill. (more…)
May 14, 2018 1:58 pm
On May 14, 2018, the U.S. Supreme Court declared that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional – meaning it’s up to the states to decide whether to allow its residents to bet on sports. This may portend big changes to Daily Fantasy Sports (DFS).
In a previous post, The U.S. Supreme Court Tackles Sports Gambling Law, we wrote about the U.S. Supreme Court case Christie v. National Collegiate Athletic Association which dealt with the constitutionality of the Professional and Amateur Sports Protection Act (PASPA) – which prohibits sports gambling. On Monday, the Supremes issued a 7-2 decision striking down PASPA. (more…)
May 8, 2018 10:48 am
On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning the PCH Sweepstakes, sued PCH in federal court in New York claiming PCH was guilty of a number of deceptive trade practices.
For years PCH has been the poster child for questionable sweepstakes and a lightning rod for investigations. Everyone knows it’s “You May Already Be a Winner” slogan (at least we do here), and that at any moment they may creep up to your house, ring the doorbell like a hyperactive kid on Halloween, and pounce on you with a ginormous winner’s check. And for years, consumers and regulators alike have been patrolling the PCH Prize Patrol, this time with a multi-million dollar lawsuit that reads like a primer on sweepstakes law. (more…)
May 2, 2018 4:36 pm
Advertising lawyers when giving advice to clients on promotional programs and advertising disclosures are always asked by their clients, why must we do it that way when XYZ company isn’t? The answer is usually somewhere between I don’t know why XYZ company is doing it that way and XYZ company is doing it wrong. The task is even more difficult when dealing with commercial co-ventures, since the regulations seem to slip the mind of many a brand.
I recently came across an ad for the new Apple® iPhone 8 (PRODUCT) RED™ which lists on the Apple website for $799 for the 64gb version and $949 for the 256 gb version (for those of you who would like to film a remake of The Ten Commandments). The Apple website states under a picture of the phone as follows:
“iPhone 8 and iPhone 8 Plus (PRODUCT)RED Special Edition are now available. Every purchase contributes directly to the Global Fund to fight AIDS.”
When you scroll down to the bottom of the page, it says “A portion of the proceeds from every (PRODUCT)RED purchase will go the Global Fund to fight AIDS in Africa.” (more…)
April 24, 2018 4:57 pm
On April 20, 2018, Judge John A. Woodcock, Jr. of the US District Court of Maine issued a well-reasoned 39 page decision granting an injunction against the National Endowment for the Arts (NEA) from prohibiting a high school student from Zambia, seeking asylum in the US, from participating in a national poetry recital contest. The decision in Monga v. National Endowment for the Arts, 2:18-cv-00156-JAW, USDC ME can be found online here.
First, kudos to Judge Woodcock. He decided the case while the contest was still going on! The case was filed April 11; briefing was completed April 17; argument was heard April 18 and a comprehensive decision was filed two days later, with just three days to spare before the national finals for the poetry recital contest. (more…)
April 16, 2018 4:14 pm
As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For now, if you are running a sweepstakes or contest open to EU residents, here are some things you need to know about the GDPR.
What is the GDPR? The GDPR is a comprehensive regulation concerning the collection and use of online personal data.
When does it come into effect? The GDPR becomes effective May 25, 2018.
Who is protected? The GDPR protects data collection from residents of the European Union. In a sweepstakes or contest, this is the entrant.
Who is covered? Any person or entity that holds or uses personal data. For a sweepstakes or contest, this could be the Sponsor or an entity collecting entry or other information from the entrants.
What is covered? Personal data, which includes anything that can be used directly or indirectly to identify a person, such as a name, photo, email or street address, posts on websites, and computer IP addresses.
What to do for Sweepstakes and Contests? (more…)