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Promotions & Sweepstakes

GUIDING CLIENTS THROUGH THE REGULATORY MAZE

Promotions and sweepstakes are critical components of corporate communications campaigns. Now, more than ever, companies are turning to these marketing tools to generate excitement about their products and build a loyal customer base. Technology has taken these promotions into unchartered territory. Whether using user generated content, text message entry, or social media platforms, they need expert advice from a specialized social media promotions lawyer. Kyle-Beth Hilfer demystifies the maze of 50 states’ laws and federal regulations that govern all forms of promotions. Kyle-Beth excels at working cooperatively with marketing professionals from the earliest stages of campaign planning support their creative instincts.

Prize Promotions
  • Sweepstakes
  • Contests
  • Instant win games
  • Social media programs
  • Internet games
  • Refer-a-friend
  • Retail and E-Commerce programs
  • Viral promotions
  • Chance vs. skill analysis
  • Gambling and state lottery analysis
  • User Generated Content
Continuous Service Programs
  • Negative option programs
  • Continuity programs
  • Automatic renewals
  • Trial conversion offers
  • Loyalty programs
  • Subscription-based businesses
  • Privacy/Data Collection compliance
  • Pricing
Marketing Promotions
  • Mobile marketing programs
  • Coupons
  • Rebates
  • Premium offers
  • Gift cards
  • Social media programs
  • Incentive programs
  • Free offers
  • Sports and event marketing
  • Real time marketing
  • Telecommunications marketing
  • Mail/Telephone Order Rule
Services
  • Design promotion structures
  • Draft official and abbreviated rules
  • Counsel on global promotions’ legality
  • Advise on mobile marketing opt-in and text message entry
  • Create promotions on social media platforms
  • Draft legal disclaimers for all media
  • Review all advertising materials, including POS material and disclosures
  • Advise on state registration and bonding requirements
  • Ensure compliance with Children’s Online Privacy Protection Act
  • Draft sponsorship and prize fulfillment agreements
  • Advise on winner selection
  • Draft winners’ affidavits and publicity releases
  • Counsel on intellectual property implications of promotions
  • Review and clear continuity programs’ structure, scripts, and marketing materials

Featured

Kyle-Beth Hilfer Quoted in The New York Times On Sweepstakes Ambiguity

November 6, 2024

Kyle-Beth Hilfer explained to The New York Times that businesses and political campaigns must follow federal and state laws when running prize promotions.

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Hot Topics in Advertising Law 2024: Priorities and Risk Mitigation

February 13, 2024

In 2024, brands and their agencies confront a heightened regulatory environment. They should address twelve hot topics in advertising law.

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Why is Arbitration Ideal for Resolving Cannabis Industry Disputes?

October 24, 2023

Kyle-Beth Hilfer discussed the unique advantages of using arbitration to resolve cannabis industry disputes.

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