2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing is the lawsuits themselves, often filled with either corrupt sponsors or litigious plaintiffs. But if you read far enough, you might just learn a few takeaways to help you or your client stay out of court (or find some arguments to get the case dismissed). Enjoy. (more…)
Posts Tagged: Giveaway
Every beer drinking football fan in Cleveland knows by now that there will be magic beer fridges stationed throughout Cleveland that will miraculously open to produce bottles of free Bud Light if the football gods see fit to allow the Browns to win a football game this year.
At first glance, I pictured the regulatory referees throwing yellow flags across the field decreeing a penalty for violating beer promotion laws. But as a curious promotions lawyer, I thought it was worth a little investigation into trying to find out how a stunt akin to the Fumblerooski can be successfully pulled off. (more…)
Over the years there have been a number of promotions that just exploded beyond a brand’s expectations. In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a coupon redeemable at participating restaurants. Lines snaked out the doors and cars lines up at drive-thru windows. Some customers waited two hours for their chicken and some were turned away with only coupons.
Not to be outdone, on July 12, Build-A-Bear ran a one-day sale where customers could get a stuffed bear for the price of their child’s age. As POPPA BEAR said to MAMA BEAR, if we truly love our BABY BEAR that is a deal we just can’t BEAR to miss. Build-A-Bear could not just grin and BEAR it when the lines got unBEARable. So Build-A-Bear published a notice on social media stating that it had to limit the number of people for safety concerns. (more…)
Bobblehead: “A figurine with a disproportionately large head mounted on a spring so that it bobs up and down, often made as a caricature of a famous person.”
Giveaway: “A thing that is given free, especially for promotional purposes.”
Sales tax: “The portion of the purchase price typically forgotten about. Generally seen in price advertising as ‘+ tax’.”
On June 13, 2018, the Ohio Supreme Court heard oral arguments in the case, Cincinnati Reds, LLC v. Testa, Ohio, No. 2017-854. The issue: Should the Reds incur sales tax on the bobbleheads they give away at a ballgame? Two things are certain in life: baseball and taxes. While the bobblehead may be particular to sports figures, the implications of this Ohio case could affect the budgeting figures for any company that gives away trinkets for promotional purposes. (more…)