Sweepstakes and Contests in Social Media: Keep Your Promotions Compliant
Many businesses worldwide have relied on sweepstakes or contests in order to attract customers and raise brand awareness. In the past few years, this kind of marketing practice has found its way on social media where it is proved to reach a wider audience than when it is a part of an in-store promotion. However, sponsors of such promotional campaigns shall first understand the differences between each type: sweepstakes, contests and lotteries to avoid confusions and unwanted costs.
A sweepstakes promotion typically involves the chance for an entrant to win a prize with no purchase, payment or other consideration required. Similar to this, contests give a chance to win a prize, but shall be based on effort, skill or merit. Lotteries on the other hand, requires purchase, payment or other consideration for an entrant to have the chance to win a prize. This type of promotion is exclusively run by the government, and is considered illegal when sponsored by private entities.
Although there is no government agency that directly oversees social media sweepstakes and contests, both the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) might step in when a scam happens. Additionally, each state has its own set of laws regulating promotions. Each law is different, thus, companies must check the applicable state's law before starting a promotion. But, these are not the only legal considerations. Most social media platforms have set forth specific guidelines that user must follow. When a promotion sponsor violates these guidelines, its promotion could be suspended or have the entire social media account de-activated.
In this two-hour LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an in-depth analysis of the fundamentals of Promotional Sweepstakes and Contests in Social Media. The speakers will also provide their expert thoughts and insights on how to ensure compliance to the rules of social media sites and more importantly, the state and federal laws that regulate online promotional sweepstakes and contests.
Key topics include:
- Lottery and Gambling Laws
- Social Media Legal Landscape
- Social Media Promotion Design and Execution
- But why can't we do that
Dickinson Wright PLLC
Seyfarth Shaw LLP
- LOTTERY AND GAMBLING LAWS
- Lottery laws - how to comply
- Gambling laws - how to avoid
- SOCIAL MEDIA LEGAL LANDSCAPE
- Social Media Advertising
- Federal Trade Commission (FTC)
- DotCom Disclosures – space constraints (e.g., shares, tweets) do not change promotion sponsor’s obligation for clear and conspicuous disclosure about a promotion
- Endorsement Guides – disclosure required when material connection between an endorser and the promotion sponsor could affect how consumers evaluate the endorsement
- State Laws on Social Media Advertising
- Federal Trade Commission (FTC)
- IP / Rights of Publicity vs. Copyright
- Data Privacy
- Social Media Advertising
- SOCIAL MEDIA PROMOTION DESIGN AND EXECUTION
- Selecting the Social Media Platform(s)
- Official Rules Drafting Tips -
- Fulfillment Tips
- Winner Selection and Notification
- Winner’s List
- Compliance Checklist
- BUT WHY CAN’T WE DO THAT?
- Three Cautionary Tales
Who Should Attend:
- Attorneys and Consultants for Companies
- Media and Telecommunication Attorneys
- Business Lawyers
- Business Consultants
- Advertising and Marketing Professionals
- Business Developers
- Private Companies
- Other Related/Interested Professionals
Kate C. Lowenhar-Fisher is a leading Nevada gaming attorney who counsels many of the world's premier gaming companies on regulatory issues in connection with mergers and acquisitions, corporate restructuring, reorganizations and financings. She advises clients on issues related to Internet gaming, social gaming, fantasy sports, liquor licensing, nightclubs, restaurants, sweepstakes, contests, and promotions. She regularly represents individuals and businesses before regulatory agencies, including the Nevada State Gaming Control Board, the Nevada Gaming Commission, the Clark County Liquor and Gaming Licensing Board and the Las Vegas City Council. Kate is known as a go-to source on gaming issues. She's been quoted by several major media organizations, including ESPN and Bloomberg News, most recently regarding the controversy surrounding regulation of daily fantasy sports sites and initiatives to legalize sports betting in certain states . She is a member of the International Association of Gaming Advisors and the International Masters of Gaming Law. In addition, she is active in nonprofit organizations, and she sits on the board of directors of Junior Achievement of Southern Nevada.
Kate C. Lowenhar-Fisher is a leading Nevada gaming attorney who counsels many of the world's premier gaming companies on regulatory …
Julia Jacobson is a partner in the Boston office of international law firm, Seyfarth Shaw LLP. Julia counsels clients in all stages of their business life cycles, with a focus on advertising, marketing, privacy, data protection and other consumer protection matters. Julia also has extensive experience drafting and negotiating licenses, commercial contracts and transactional agreements. Julia’s complete bio is available at https://www.seyfarth.com/JuliaJacobson.
Julia Jacobson is a partner in the Boston office of international law firm, Seyfarth Shaw LLP. Julia counsels clients in …
Mark Montanaro is the managing attorney at MontanaroLaw, P.C. who represents new and established entrepreneurs, businesses, and agencies with their advertising and marketing strategies. Clients seek Mr. Montanaro’s guidance at all stages of their business endeavors. He regularly advises clients in relation to complex contract negotiations; more specifically in connection with real estate, intellectual property, digital media rights, entertainment, software licensing, and the purchase & sale of enterprises. In conjunction with advising and practicing law, Mr. Montanaro sits on various panels discussing Social Media, Sweepstakes, and Promotions Law. He is a former cable television legal and business affairs executive, and also has worked for the publisher of a lifestyles magazine focusing his attention to the legal issues of print and digital advertising and marketing. Mr. Montanaro also serves as a television game show consultant working with show creators, producers, and distributors to ensure that game shows, reality competitions, and award programs are produced fairly, honestly, according to their rules, and in the manner described to the public. He is an adjunct professor teaching various aspects of law and ethics, as well as an advisor to prelaw and business academic organizations.
Mark Montanaro is the managing attorney at MontanaroLaw, P.C. who represents new and established entrepreneurs, businesses, and agencies with their …
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About Dickinson Wright PLLC
Dickinson Wright PLLC is one of the fastest growing law firms in North America, with 16 offices in the U.S. and Canada. We have more than 400 lawyers that provide elite client service in more than 40 practice areas to a broad range of business and governmental entities. From the largest Fortune 500 companies to small and emerging businesses, state and local governments, non-profits and individuals, each client benefits from the depth of our experience, the breadth of our expertise and our focus on providing personalized service. No client is the same, and we don’t treat them as such. We focus on the individual needs of each client and work to create legal solutions to satisfy those needs. Our lawyers are respected by their peers, honored by industry endorsements and recognized through significant appointments throughout the legal industry.
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About Seyfarth Shaw LLP
Seyfarth Shaw LLP has more than 850 attorneys across 13 offices in the U.S. and internationally. Seyfarth represents clients of all sizes across all industries, providing excellent legal service, sophisticated technology and process improvement solutions and ongoing support to each client regardless of size, jurisdiction, industry or legal needs.
About MontanaroLaw, P.C.
MontanaroLaw is a New York law firm representing clients ranging from individuals to entrepreneurs and private companies. We have expertise in advertising and marketing, internet & e-commerce, corporate law, real estate, intellectual property, litigation, general business, and vehicle and traffic law. We understand that our clients need effective solutions to their individual legal issues. Therefore we provide practical counsel and strategies by working proactively with our clients. We offer both broad and specialized services in all areas of our practice.