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: Sweepstakes
Prop 215 was enacted in California twenty-two years today on November 5, 1996. This law was the first of its kind in the U.S. to legalize medical marijuana use. Since then 30 states have approved medical marijuana use and 9 have legalized recreational marijuana. Maybe a long timing coming (for those who like to toke) given that Herodotus first recorded the Scythians inhaling the smoke from smoldering cannabis seeds and flowers to get high in the Fourth Century B.C.E.
We now have over half the country dishing out dope and creating a gigantic ganga industry. Legal marijuana sales in North America were almost $10 billion (with a B) in 2017 and are expected to grow to almost $25 billion (still with a B) by 2021. But we still don’t have a real clear landscape on advertising and in particular sweepstakes and contests in the marijuana industry. (more…)
You’re offered a $1 million game piece for $40,000 dollars. What do you do? As you might expect, this may be an offer you can’t refuse.
A recent and very comprehensive article in the Daily Beast, provides an in-depth look at how the history of McDonald’s Monopoly Game has involved McStings, mobsters and molls. I will not go as in-depth, since I am confined to the fate of the billable hour, but the article raises a number of interesting points concerning the efforts scammers will take to cash in on that golden ticket, including, like our protagonist here, selling it to a purported Colombo crime family member, who, according to the article, looked like Al Capone and was obsessed with The Godfather. (more…)
Commercial Co-Ventures and Sweepstakes Promotions
Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15 minutes of fame.
Bar Exam Sweepstakes
The set up: Most young lawyers-to-be are weighed down with tremendous debt after three years of law school, but they have the hope that by shelling out another $250 they’ll get that big Wall Street job to wash away their money problems while creating new emotional ones. This summer, a personal injury law firm (which I won’t name) currently has a sweepstakes running where a new law grad can enter to win his/her bar exam fee. (more…)
You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)
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…)
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…)