Social Media Contests and Sweepstakes: Understanding Legal Considerations and Regulations
Social media has become a key marketing channel for nearly all businesses. And, offering contests and sweepstakes through social media channels have proven to be an effective way to build traffic, improve brand awareness, and most importantly, attract customers. While these prize promotions offers endless possibilities, they are not without risk. Contests and sweepstakes are heavily regulated and complying with such regulations can be tricky in the social media context.
It is important that companies understand the various legal considerations and regulations before launching contests, sweepstakes and other prize promotions to avoid running afoul of the law while getting the best intended result. With the right guidance, compliance with applicable legal rules is manageable. A proactive compliance program not only reduces legal risk, it can also help ensure a successful campaign.
In this LIVE Webcast, leading practitioners and thought leaders assembled by The Knowledge Group will cover guide companies through the key elements of a social media contests and sweepstakes. They will provide an in-depth discussion of how to use legally use cutting edge marketing techniques and comply with FTC/state regulations. Speakers will provide the audience with practical tips and strategies in working with various social media platforms. This webinar will also address keeping consumers satisfied with the brand to avoid class action suits or PR disasters.
Key topics include:
- Overview of sweepstakes/contest law in social media context
- Structuring entries to comply with FTC and state lottery and disclosure laws
- Prize Considerations
- Drafting and disclosure of Rules and Regulations
- Special Promotional Issues such as user content and endorsements
- Data Collection/Privacy Issues
- Best Practices for successful and compliant prize promotions
O'Melveny & Myers LLP
Collen IP Intellectual Property Law, P.C.
- What is a sweepstakes, contest, and illegal lottery?
- Entry considerations in social media
- Prize considerations in social media
- Rules for social media promotions—why have them? How to choose a platform? How to disclose them?
- Special types of social media promotions
- Data collection and privacy considerations
- Best Practices
Scott Pink is Special Counsel with O’Melveny & Myers. His practice focuses on advertising, marketing, and promotions law, emerging issues in social media law, and cybersecurity and privacy.
A former general counsel for a major media company, Scott brings an insider’s perspective to the practice—this practical, commercially oriented perspective is what has made him the “go to” advertising and marketing counsel to numerous well-known brands.
He is recognized as a leading practitioner by The Best Lawyers in America and as a Northern California Super Lawyer by San Francisco magazine. Prior to joining O’Melveny, Scott led the advertising and marketing group of another AmLaw 100 law firm, and, before that, he served as VP, General Counsel, and Secretary of international media and publishing company Prima Communications.
Scott Pink is Special Counsel with O’Melveny & Myers. His practice focuses on advertising, marketing, and promotions law, emerging issues …
Kyle-Beth Hilfer leads Collen’s Advertising and Marketing Law practice. She has over thirty years’ experience providing legal counsel to advertising, marketing, promotions, intellectual property, and new media clients. Harnessing her unique understanding of social media, mobile, and digital marketing, Ms. Hilfer works with clients from the concept stage through execution on specific marketing techniques, including sweepstakes and contests, influencer marketing, user-generated content, premium offers, rebates, negative option and advance consent marketing, loyalty programs, and native advertising. She offers strategic legal advice that ensures clients’ regulatory compliance and intellectual property protection while allowing them to maintain competitive marketplace positions. Ms. Hilfer is a summa cum laude, Phi Beta Kappa graduate of Yale College. She earned her J.D., cum laude at Harvard Law School. Ms. Hilfer can be reached at email@example.com.
Kyle-Beth Hilfer leads Collen’s Advertising and Marketing Law practice. She has over thirty years’ experience providing legal counsel to advertising, …
Print and review course materials
Method Of Presentation:
Experience in advertising/promotion law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About O'Melveny & Myers LLP
O’Melveny’s clients shape markets, set precedents, and break boundaries. They are stalwarts and innovators, the names you trust and the next big thing. And for more than a century, O’Melveny has been right beside them, kicking down walls and putting up defenses to help our clients achieve their most important goals. With approximately 700 lawyers in 15 offices worldwide guided by the principles of excellence, leadership, and citizenship, we uphold a tradition of treating our clients’ challenges and opportunities as our own. What do you want to achieve? For the answers, please visit www.omm.com.
About Collen IP Intellectual Property Law, P.C.
Collen provides legal representation to global companies and other businesses in the areas of intellectual property, advertising and marketing, and privacy and information management. In particular, Collen has decades of experience representing some of the world’s most well-known luxury brands, including in the watch, fashion and fragrance industries. Collen also represents a wide range of entities from start-up technology ventures and local businesses to entertainment industry leaders. The law firm is widely recognized for its many successes in launching brands, advising on marketing strategies, and protecting valuable intellectual property rights. In the prize promotion area, Collen helps design, implement, and defend sweepstakes, skill contests, and premium offers, integrating cutting-edge digital, social media, and mobile platforms. Collen’s advertising and marketing lawyers are fully conversant in 50 states’ laws in the United States and global laws regarding promotions.