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7 things you should know about sweepstakes and contests in employee incentive programs

Dale Joerling August 9, 2017
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Employee incentive programs can have a very positive effect on employees output, efficiency and enthusiasm with respect to their jobs. However, there are a number of aspects of these programs that should be reviewed by lawyers who have experience with incentive programs and the application of state and federal sweepstakes and contest laws. READ MORE

Introducing Thompson Coburn’s new Sweepstakes Creator

Dale Joerling July 26, 2017
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Our popular Thompson Coburn Sweepstakes Creator program has been updated to make it even easier for sponsors to describe their plans for sweepstakes and contests so that we can prepare draft official rules for them quickly and efficiently. READ MORE

New Missouri law legalizes prize-based savings promotion programs

Dale Joerling Greg Omer February 3, 2017
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Late last year, a new Missouri law went into effect that allows banks and credit unions to sponsor certain savings promotion programs for their customers. Under these programs, by opening a new savings account or depositing a specified amount of money into an account that is already open, customers will have a chance to win prizes. READ MORE

What you need to know about the Approximate Retail Value (ARV) in Sweepstakes and Contests

Dale Joerling July 21, 2016
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Many people who enter the sweepstakes (as well as some Sponsors) assume that the winner must pay taxes on the amount of the prize’s ARV. However, that is not correct. READ MORE

Pinterest issues new guidelines for sweepstakes and contests

Dale Joerling December 3, 2012
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Pinterest’s guidelines caution companies that many of these requirements vary from place to place. They also urge promotions sponsors to work with a lawyer to make sure they are in compliance. READ MORE

’Tis the season to combine sweepstakes and charitable donations, but be aware of commercial co-venturer laws

Dale Joerling November 13, 2012
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Commercial co-ventures, or cause marketing, as it is sometimes called, generally involves an arrangement between a business and charitable organization to sell a product for the mutual benefit of both parties. READ MORE

Does the Deceptive Mail Prevention and Enforcement Act apply to your sweepstakes?

Dale Joerling August 28, 2012
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Promoting the sweepstakes via the U.S. Postal Service triggers application of the Deceptive Mail Prevention and Enforcement Act (DMPEA) which contains a sizeable list of items that must be included in the sweepstakes. READ MORE

Consult this checklist before promoting your next sweepstakes

Dale Joerling August 22, 2012
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Any businesses that promote sweepstakes should be just as vigilant about double-checking all elements of their promotions before releasing them to the general public. To that end, I’ve created a checklist of 12 of the most important things to look for in these types of promotions. READ MORE

Sweepstakes nightmare: You failed to register your sweepstakes

Dale Joerling June 5, 2012
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In sports, as in sweepstakes: Sometimes trying to do the right thing at the wrong time can lead to trouble. READ MORE

Sweepstakes nightmares: Your prize provider drops out

Dale Joerling May 18, 2012
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Companies beware the wrath of a consumer with social media savvy and a serious axe to grind. READ MORE

The IRS wins every sweepstakes

Dale Joerling May 2, 2012
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The IRS and state treasurers don’t care who wins the prize because they are guaranteed to receive a share of virtually every prize awarded. READ MORE

Get your eyes on the prize: Tummy tucks but no tobacco

Dale Joerling March 27, 2012
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For the most part almost anything can serve as a prize. But several categories of items may be illegal or so closely regulated that the related complications of offering them may prevent their use as prizes. READ MORE

Sweepstakes loser wins in Canada’s highest court

Dale Joerling March 5, 2012
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This decision sends a clear message to anyone sponsoring a sweepstakes or contest in Canada (and particularly in Quebec) that promotions such as this must not deceive consumers. READ MORE

Sorry, tweens: No sweepstakes or contests until you’re 13

Dale Joerling February 20, 2012
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COPPA went into effect in April 2000. The law is designed to give parents control over the information that is collected online from their children. READ MORE

FCC expands its reach to online sweepstakes and contests

Dale Joerling February 2, 2012
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Operating in accordance with the rules and alerting entrants to the material terms of the sweepstakes or contest is sound advice when creating any sweepstakes or contest. READ MORE

Consider this: How do states define 'Consideration'?

January 12, 2012
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Three elements must be present — chance, prize, and consideration — for a sweepstakes to be illegal. In most instances, sweepstakes sponsors can avoid concerns about illegal gambling by eliminating consideration. READ MORE

Political sweepstakes – Win a lunch with President Obama or Mitt Romney

Dale Joerling January 10, 2012
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Businesses use the Internet to host promotions because they increase publicity about their products and provide the email addresses of potential customers. Those three advantages are as desirable to political campaigns as they are to businesses. READ MORE

Do you need to register your sweepstakes?

Dale Joerling January 5, 2012
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There are three states that require certain types of sweepstakes be registered before they can be implemented in their state. These states’ regulations include significant fines for companies that fail to comply. READ MORE

Sweepstakes and contests: What’s the difference?

December 14, 2011
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As a sweepstakes attorney, one of the most frequent questions I’m asked is, “What is the difference between a sweepstakes and a contest?” The short answer: Lots. READ MORE