Category Archives: Sweepstakes/Promotions

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Vermont Goes With the Flow: Consideration is OK for Skill Contest Sponsors

Vermont has the reputation of being a state of rugged individualists, radical hippies and stubborn “woodchucks,” who eschew the majority, stick with their principles and buck convention.  This is reflected in the Green Mountain State’s strict consumer protection laws and its regulators’ enforcement of them.  The Vermont legislature recently stepped back from its minority position … Continue Reading

Shutting Down Charitable Sweeps: New Florida Law Has Potential Effect on Cause Marketers

Last week, Florida Governor Rick Scott signed into law FL HB 155, a bill that makes significant changes to the Florida Game Promotion Statute with regard to nonprofits and could have a significant effect on certain charitable promotions.  The bill, entitled “Prohibition of Electronic Gaming Devices,” was intended to clarify Florida’s prohibition on electronic gambling … Continue Reading

How “Reasonable” is the “Reasonable Consumer”? Differing American and Canadian Perspectives

Last year, the Supreme Court of Canada’s much-anticipated Richard decision signaled a shift in Canadian consumer protection law and a rejection of the traditional “buyer beware” standard.  What the Richard decision means for businesses marketing products on both sides of the border remains an open question, although for the time being caution should be exercised … Continue Reading

‘Tis the Season to be Pinning: Pinterest Releases New Marketing Guidelines for Third Party Promotions

Just in time for the holidays, Pinterest has released new Marketing Guidelines for companies using the innovative photo-sharing website for their contests and sweepstakes.  For those unaware, “pinning” has become the next new verb among social media users, right alongside “facebooking” and “tweeting.”  Heck, even the White House now has an account.  The concept is … Continue Reading

What Does “Win a Lifetime Supply” Really Mean? (And Other Existential Quandaries)

How much is a “lifetime’s supply” of gumballs?  According to a recent sweepstakes from, the answer is exactly 22,082.5 gumballs. Promotions like this, where entrants can win a lifetime supply of a particular product, made us stop and think about what these winners actually receive.  As with any sweepstakes or contest, companies must disclose … Continue Reading

You Gotta Know When To Hold Them And When To Fold Them: A Winner and A Loser This Week on Contests and Sweepstakes

There’s been a win and a loss the last few days in the legal realm of sweepstakes and contests.  Whether that’s due to chance or skill on the part of the lawyers involved we can’t say.  On the winning side, a federal court judge in New York ruled that poker is a game of skill … Continue Reading

Gift Card Sellers To New Jersey: Baby We Were Born To Run

Imagine this: you’re running late to your favorite cousin Ronny’s birthday party, held at one of the hippest places at the Jersey Shore.  You have no gift for him but plan to stop along the New Jersey Turnpike at some place open all night  to pick up a gift card.  But you soon find that you’re … Continue Reading