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Promotions, sweepstakes and contests

Our attorneys advise clients regarding promotional and marketing efforts targeted to consumers or used as dealer incentives. Our experiences include:

  • Creation and promotion of interactive online media: We help clients with intellectual property, privacy, social media, and advertising and promotional issues as they develop brand-enhancing websites.
  • Sweepstakes: We assist clients in remaining legally-compliant with the administration of innovative contests, sweepstakes and promotions.
  • Official Rules: We draft official rules aimed at limiting potential risks and liabilities to contest sponsors for sweepstakes and contests involving combinations of on-site, mail-in and online entries, sweepstakes involving scratch off game pieces or skill-based contests involving consumer-generated videos containing clients’ marks and products.
  • Social media and interactive forums: We advise clients regarding the legal risks and considerations when establishing social media-related promotions or providing forums for discussion and user-generated videos and other content.
  • Promotional licensing and sponsorship agreements: We compose, review and negotiate brand-enhancing sponsorship, endorsement and licensing agreements for, among others, events, venues, celebrities, athletes and television programs.
  • Online advertising: We counsel clients regarding issues of search engine pay-for-placement campaigns, domain name use and related trademark issues.
  • Product labeling: Our firm assists with product labeling issues from safety warnings to content disclosures to intellectual property concerns.
  • Regulated communication and privacy concerns: We advise clients regarding the legal issues surrounding promotional communications, including issues presented by the Telemarketing Consumer Protection Act, the CAN-SPAM Act, Junk Fax Laws, Children's Online Privacy Protection Act, the FTC's Endorsement Guides, and the various state and federal laws addressing the collecting, storage and distribution of personal information.
  • Disclosures and related deceptive trade practices concerns: We assist clients in developing accurate and compliant website privacy policies and in protecting our clients while drafting and presenting related user agreements and third-party service agreements.