Overview:
This course will begin by covering the two basic laws governing prize promotions – the gambling and lottery laws - and will explain how to structure a legal sweepstakes and skill contest, alerting attendees to the myriad pitfalls to be aware of, including laws governing alternate/free methods of entry, skill versus chance, and registration/bonding requirements, as well as special considerations for retail promotions, promotions to children, seeded and instant win games, and privacy.
This course will also explain the terms needed for bulletproof official rules and advertising disclosures, and will address the latest developments in prize promotions involving social media, mobile marketing, user-generated content, and influencers and endorsements.
Target Audience:
- Private attorneys counseling brands and in-house counsel involved in prize promotions whether they are new to this area or want a refresher on latest developments.
Basic Knowledge:
Attached is a copy of my biograph with a photo.
Highlights include:
- Author and publisher of the blog, “You Might Be A Winner” (https://www.verrill-law.com/you-might-be-a-winner/) which has attracted over 100,000 reads.
- Featured speaker at many live and online webinars with topics ranging from sweepstakes and contests to charitable promotions
- Represents many well-known national and international brands in advertising and promotions, including Starbucks®, Chobani®, Kimberly Clark®, American Eagle Outfitters®, Staples®, Constellation Brands®, and others
- Commercial litigator with over 28 years’ experience who has tried cases to verdict in federal and state courts, argued appeals before the Second Circuit and New York Appellate Division, and conducted arbitrations before the American Arbitration Association, JAMS and the International Chamber of Commerce.
Curriculum
Total Duration: 2 Hours
Sweepstakes and Contests
Review Laws Implicated
Explain and Examine Gambling Laws
Explain and Examine Lottery Laws
Games of Chance
Review Aspects of Prize, Chance and Consideration
Review Alternate Method of Entry Requirements
Review Registration and Bonding Requirements
Skill Contests
Analyze Aspects of Skill
Compare Differences Between Chance and Skill Promotions
Official Rules
Explain Purpose of Official Rules
Review Terms Needed in Official Rules
Privacy
Review Relevant Privacy Laws
Distinguish Marketing to Children
Marketing
Review Disclosures Needed in Advertising
Address Specific Issues With Regard to User-Generated Content, Product Reviews, Text to Win, and Social Media Sweeps
Review Relevant Problematic Promotion Examples