Sweepstakes and Contest Law

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Thompson & Knight 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.

Our attorneys 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 policies and confidentiality agreements and assist with the bonding and registration requirements for states that require them. Our attorneys keep current on the sweepstakes laws of all 50 states, with particular emphasis on those of Texas.

In addition to traditional promotions in stores or through direct mail, sweepstakes today are often conducted using the Internet and telecommunications technology. Our attorneys are skilled at helping clients navigate the requirements imposed by the Children's Online Privacy Protection Act, which restricts website promotions aimed at children under the age of 13.