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ACI Focus: Sweepstakes, Contests & Promotions

Loeb & Loeb LLP is a sponsor of the ACI Focus on Sweepstakes, Contests and Promotions.

From the ACI site:
After determining which promotional activity suits the company’s needs, it becomes necessary to hammer out the legal details that accompany each one. This is your opportunity to scratch beneath the surface, not only on sweepstakes law’s more difficult issues, but on other activities that your clients use to attract customers. Participating in online contests is a popular practice for the more tech-savvy companies, however this does not come without potential dangers such as IP infringement, and federal and state prosecution. Speakers will also help ensure best practices when engaging in gift cards and loyalty programs. The final session will explain exactly what not to do when using viral or buzz marketing practices and show you how to avoid federal and state government enforcement.

Agenda Highlight

11:00 AM - Avoiding Common Pitfalls in Online Contests for User-Generated Content

Kenneth Florin, Partner
Loeb & Loeb LLP (New York, NY)

Edward Fallon, Senior Counsel
T-Mobile (Bellevue, WA)

  • Structuring the game in compliance with the law
    • making required disclosures
    • implementing rules about copyrighted works and trademarks
    • special issues with inviting consumer judges
      • federal and state contest law compliance
      • setting up a fraud-proof system
  • Counseling the marketing department on the logistical and legal challenges associated with how submissions will be received, posted, and made available to the public
  • Implementing a monitoring and review process to prevent inappropriate content
  • Obtaining all the necessary rights clearances associated with the winning entry
    • celebrity images and personalities
    • music
    • copyrighted works