Our advertising and marketing attorneys routinely counsel clients regarding all forms of complex consumer and business to business marketing promotions, including games of chance, contests, user-generated content and other complex promotional campaigns. We have extensive experience interfacing with regulators in various jurisdictions regarding the promotional elements proposed by our clients. In addition, we work closely with counsel in international jurisdictions to review and implement international promotions.
Legal services involve:
Counseling clients on issues relating to the structure and implementation of promotional activities on various platforms and media.
Drafting and/or review of official rules; disclosures, review of promotional scripts, copy and advertising materials.
Assisting with registrations in applicable jurisdictions, preparation of eligibility, prize acceptance and release forms, filing of certified winners lists.
Review and negotiation of promotion vendor fulfillment contracts.
Promotion examples include:
Co-branded a sweepstakes promotion associated with a client-sponsored sporting event that was conducted simultaneously through in-arena and website campaigns involving entries via text message, mobile phone and online. The promotion was advertised virally and through press releases, and was promoted during sporting event television broadcasts as well as through online advertising.
Contest promotions involving the online submission of user-generated content (including video or related digital media) with consumer voting components.
Contest and sweepstakes promotions conducted through the integrated use of social networking websites.
Various instant win, on-pack and in-store promotions, including promotions with online entry code redemptions.
Attorneys in our advertising and marketing practice routinely counsel clients regarding the implementation of direct to consumer marketing campaigns, including email, direct mail, telemarketing and mobile marketing campaigns. Our attorneys counsel clients regarding compliance with federal and state laws applicable to these types of campaigns (e.g. CAN SPAM) as well as the applicable self-regulatory industry guidelines and policies and FTC developments in this area. Counseling includes analysis of email distribution practices, implementation of “refer-a-friend” practices, review of opt-out procedures, and the review and structuring of call-to-action messages and text message flows for mobile marketing campaigns.
Cause Related Promotions / Charitable Sales Promotions
Working with attorneys in Alston & Bird’s Tax Exempt Organizations Group, our advertising and marketing attorneys have vast experience counseling clients on charitable sales promotions and the associated state laws and regulations, including assistance with preparation of promotional agreements with charitable organizations, review of claims and necessary disclosures for marketing materials, point-of-sale and packaging materials, and compliance with state registration requirements.