The Changing Legal Scene of Contests and Promotions
Whatever channels you or your client use to bring your promotion to the public - in-store, broadcast, online, app or mobile - the promotions attorneys at Olshan will work with you to help ensure that the structural integrity of the campaign is legally sound.
Our clients range from Fortune 100 companies, advertising and promotions agencies, to in-house marketing departments, Internet entrepreneurs, start-ups and other law firms. Our clients may have widely varying resources with which to carry out their campaigns, but they all share the common goal of using the most effective and accurate means of promoting their company brand through the use of contests and promotions. Promotions, marketing and advertising law are part of Olshan's core practice. Our firm's attorneys have more than 70 years of collective experience in all areas of traditional promotional marketing, including incentive programs, retail and business promotions, coupons and rebates, sweepstakes, game play and skill contests, special event marketing, sponsorships, endorsements, online auctions, telemarketing, and email marketing.
Contests and promotions are exciting for all involved, but excitement can quickly turn to frustration if contestants or customers are confused or perceive the promotion to be unfair. That is why it is vitally important to structure promotions correctly from the beginning. Our promotional attorneys can assist you with:
Overall promotion structure and integrity
Drafting of official rules
Reviewing of promotional advertising copy
Drafting of abbreviated rules, disclosures, and terms and conditions
Coordinating sweepstakes registration and bonding
Drafting sponsorships, prize fulfillment and licensing contracts
Advising on viable alternative methods of entry
Developing policies on privacy and data collection
Conducting legal research to ensure the promotion complies with applicable laws
Drafting affidavit of eligibility and release for prize winners
Advising on and assisting with winner selection
Multi-channel, in-store and radio promotions for international retailer
Mobile application promotions for city and federal governments
Video, essay, photo and recipe contests
Television viewer sweepstakes for network and broadcast programming
International competition for financial service company
SMS based scavenger hunt throughout New York City
Reward points program for purchasers of a product
Contest for developers that was conducted in 10 countries
Promotions at major sporting events such as a $1 million shot on goal at an All-Star game as well as college basketball playoffs halftime contests
Game-piece collection sweepstakes promotion
Interactive advergames for major product retailers and travel providers
Retail in-store sweepstakes
SMS sweepstakes in Times Square in connection with a television broadcast viewing debut
Coupon redemption policy and rebate practices
Our promotions lawyers are equally prepared to meet the unique needs of online and interactive marketers in the fast-evolving world of online sweepstakes, mobile contests, and user-generated-content contests.
Some of the campaigns we have worked on include:
User-generated content promotions for an online community in which members selected the director and cast for a full-length feature movie and for a major New York City theatrical event where the winner was selected in Times Square
Promotion which awards cash prizes to the best mobile software applications
User-generated content promotion for popular video game software marketer
We help advertisers and agencies avoid legal pitfalls by developing legal rules for local, national and international promotions. We also represent clients in regulatory investigations and lawsuits brought by competitors, governmental agencies, and private plaintiffs. Our job is to help you avoid these challenges, but we are prepared to assist you with any situation that can arise.
The Advertising, Marketing & Promotions group at Olshan offers clients the options of a fixed project-based fee, an hourly rate, or a monthly retainer relationship. Whichever method you choose, you are guaranteed access to an experienced attorney who knows sweepstakes and promotions law inside and out.
For guidance on promotional marketing law, contact the Advertising, Marketing & Promotions group at (212) 451-2258. We represent direct marketing and promotion clients in New York, New Jersey and across the U.S. and Canada.
“Noted for its capabilities in handling sweepstakes and contests, advertising clearance, and advising on direct marketing law and in regulatory investigations.” Legal 500 US
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