Skip to content

Sweepstakes and Contests

Our attorneys have helped plan, design, and execute sweepstakes, contests, and promotions for retailers, restaurants, financial services companies, manufacturers, e-commerce and technology firms, professional sports teams, consumer services companies, and other entities. We understand the complex web of state and federal consumer fraud and consumer protection laws that have long governed such contests.

Overview

Our attorneys have helped plan, design, and execute sweepstakes, contests, and promotions for retailers, restaurants, financial-services companies, manufacturers, e-commerce and technology firms, professional sports teams, consumer-services companies, and other entities. We understand the complex web of state and federal consumer-fraud and consumer-protection laws that have long governed such contests.

We draft and review official contest rules, ensure adherence to Federal Trade Commission advertising guidelines, assess compliance with state law, and advise clients on the tax implications of sweepstakes for nonprofit organizations. We make certain that contest rules incorporate the necessary privacy requirements and best practices. Our attorneys keep current on the sweepstakes laws of all 50 states, with particular emphasis on those of Texas.

Our attorneys are particularly experienced in online and social media sweepstakes and contests, including sweepstakes executed through influencers and user-generated content (UGC) sweepstakes. Our attorneys are also skilled at helping clients navigate the requirements imposed by the Children’s Online Privacy Protection Act (COPPA), which restricts website promotions aimed at children under the age of 13.

Received a top national ranking for Intellectual Property Litigation in U.S. News - Best Lawyers® “Best Law Firms” 2019

Named among the top firms in Texas for Intellectual Property in Chambers USA 2019 by Chambers and Partners

Experience

  • Drafted the official rules for a technology company’s giveaway promotion in which visitors to a website could earn points redeemable at a virtual mall and would be automatically entered into a sweepstakes with each visit to the website
  • Drafted the official prize notifications and affidavits of prizewinner eligibility for an internet career assessment and planning service’s vacation sweepstakes
  • Drafted a sweepstakes proposal and provided tax advice on deductible charitable contributions for a medical research foundation’s sweepstakes giveaway of a van, in conjunction with the van manufacturer
  • Drafted the official rules for a major computer manufacturer’s online computer giveaway, and advised the company on the advertising and consumer-law issues affecting related product promotions
  • Drafted the official rules for an internet business supply company’s drawing for sales associates who qualified with specific levels of commission sales
  • Drafted official rules, contest terms, and privacy policy for health and wellness gamification application.
  • Drafted the official rules for a video-game publisher’s daily online drawing giving away games and concert tickets
  • Drafted the official rules for a national lender’s online sweepstakes giving away up to $10,000 to be applied to outstanding student loan balances
  • Drafted the official rules for a Texas sweepstakes sponsored by a maker of manufactured homes, a grocery store chain, and a radio station in which the prize was a manufactured home valued at $65,000
  • Drafted the official sweepstakes rules for a national internet sweepstakes open to most residents of the United States and Canada
  • Assisted augmented-reality technology company with respect to sweepstakes, contest, and loyalty-rewards applications
  • Advised professional sports franchise with respect to team event sweepstakes
  • Assisted national retail company with Instagram influencer sweepstakes promotions
  • Assisted national hospitality company with local magazine sweepstakes promotion
  • Prepared privacy policies for sweepstakes and contest promotions
  • Provided guidance regarding compliance with FTC regulations and state laws for sweepstakes promotions