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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

What You Need to Know Now about Running Legal Social Media Prize Promotions

July 27, 2017

Kyle-Beth Hilfer recently spoke on a webinar offered by The Knowledge Group entitled “Social Media Contests and Sweepstakes: Understanding Legal Considerations and Regulations.” Social media prize promotions  boost engagement and brand awareness and attract customers. While sweepstakes and contests have been around for decades, the social media context creates some unique complications. Here are three important questions you need to ask before running social media prize promotions.

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Restaurant Law University: Branding and Marketing Concerns

May 23, 2017

Hospitality businesses are becoming increasingly creative in their marketing, not only to win new business, but also to maintain relationships with loyal customers. On June 6, 2017, Kyle-Beth Hilfer will moderate and speak at Restaurant Law University. In her presentation on branding, she will discuss the legal implications of various branding and marketing techniques.

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Influencer Marketing Ills: Legal Problems on Instagram

April 24, 2017

The Federal Trade Commission (FTC) has been watching social media influencer marketing campaigns particularly carefully. In the modern world of social media marketing, the line between acceptable business practices and illegal deceptive speech can be blurry. The government agency wants to ensure that consumers are not manipulated with endorsements and testimonials that brands have “bought.” In the first quarter of 2017, the FTC went on the prowl on Instagram to find influencers and brands whose posts may be violating the law. In April, the FTC sent over ninety letters to companies and some celebrity and other social media users, reminding them of the legal requirements for clarity in their influencer marketing.

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