Contests and Sweepstakes

Overview

Arent Fox is the premier law firm for clearing promotions, sweepstakes and contests. We have cleared some of the largest and best known promotions of the last few years, including assisting a client on a global contest offering cash prizes worth over $4 million related to the introduction or a revolutionary phone; assisting a client in running user-generated content promotion involving television commercials; assisting a client in a promotion where the winner was awarded a prize that will send someone into space; assisting several international clients with global promotions involving gaming, privacy, IP and publicity issues; and assisting a client in the clearance of a promotion where the grand prize was a chance to win $1 billion. 

Arent Fox works with clients on creating and clearing their post-promotions from initial conception to post promotion activities, including:

• Cooperating with the client to structure the promotion-whether a game of chance and/or a skill contest-in a way that achieves the client’s promotional goals while fully complying with applicable US and international laws; we have extensive experience with consumer, trade and charitable promotions
• Assisting clients with international gaming Web sites and the advertising of such Web sites
• Drafting promotion rules that best protect our client’s interests
• Clearing promotion rules and procedures with foreign counsel; our close relationships with experienced advertising and marketing counsel around the world help us to ensure that our clients’ promotions may be structured to comply with all applicable laws and regulations; we tailor our rules to meet the requirements of particular countries, and, where necessary, arrange for required registrations and licenses
• Registering the promotion in states, provinces and countries where necessary and procuring surety bonds where required
• Reviewing advertisements in a variety of media, including direct mail, Web sites and banner advertisements, to ensure that they can be presented throughout the United States and in particular countries
• Assisting clients with developing rebate programs, premium programs, premium promotions, gift certificates and coupons
• Working with clients on developing promotions involving text messaging, moblogging, and commercial e-mail messages and preparing affidavits of eligibility and liability releases
• In the case of Internet promotions, counseling clients on the unique concerns raised in both the United States and overseas, such as the protection of online participants’ privacy rights
• Managing consumer complaints and litigating (or resolving by alternative dispute resolution) promotional and advertising disputes