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Advertising Sweepstakes and Contests in Social Media
   LIVE Webcast  


Event Details:                                                                                                                                                          

Savvy marketers know that social media is an effective tool for promoting brands, products, and services in a creative and cost-effective way. This is especially true for online contests and sweepstakes. In this LIVE Webcast, some of the ad industry’s most experienced thought leaders will share best practices and practical guidance for promoting and operating contests and sweepstakes through social media channels. Join us in this two-hour LIVE webcast presented by The Knowledge Congress.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 124361
Course Fee: $299 (Please click here for details)


Featured Speakers for Advertising Sweepstakes and Contests in Social Media LIVE Webcast :

Agenda  (click here to view more)

Deborah M. Lodge, Partner,
Patton Boggs LLP

Introduction: Overall Context and Background.
  • • Kinds of Promotions: Sweepstakes, Contests, Premiums
      • Basic Elements of a Lawful Online Advertising/Marketing Promotion
      • Prize, Chance, Consideration: basic elements.
      • Legal considerations are the same online as offline, but often broader reach.
    • • Introduce key points, mention that they will be addressed by other speakers:
  • - What is a Game of Chance? What is a Game of Skill? Kate will discuss nuances.
    • User-generated content: specific kind of contest Jason will address
  • Sweepstakes/Games of Chance: Aim is to avoid “Consideration” –
    • $: clearly consideration
    • Effort/benefit: gets murky, especially online. Rob will elaborate
    • Prizes: often obvious, but Ben will review some issues
  • • State and Federal Laws; also international.
  • • Social Media: automatically nation-wide; if not world-wide
  • In addition to laws, social media have specific rules: Facebook, Twitter Rules (Jason to discuss more specifically)
  • • Tips for Drafting “Winning” Rules, Covering all legal bases; where “void”, taxes, releases State Registration requirements

Kate C. Lowenhar-Fisher, Shareholder,
Brownstein Hyatt Farber Schreck, LLP

  • • Focus: skill vs. chance
  • • Social Gaming Issues
  • • Special state regulations of skill promotions (AZ, __) Also: USPS law – mailing is predicate, but
  • • Special rule requirements for skill promotions
  • • Special regulated industries/promotions, such as the laws that popped up after Publishers Clearing House issues; prize laws -- such as travel prizes, liquor prizes; advertising regulations; COPPA issues.

Jason Howell, Of Counsel,
Perkins Coie

Topic 1: User Generated Content & Public Vote Contests
  • o Is there consideration (monetary or non-monetary)?
  • o Evaluate chance vs. skill
    • - Voting criteria
    • - Voting structure
  • o License vs. ownership of submitted content?
  • o Watch for FTC endorsement/testimonial issues
  • o Take extra precautions in Official Rules
  • o Comply with applicable third-party platform terms
Topic 2: Compliance with Third-party Contest & Sweepstakes Guidelines
  • o Facebook, Youtube, etc.

Behnam Dayanim, Partner,
Paul Hastings LLP

  • • Elements of prize – status of social games that award “more play” or virtual rewards
  • • The “social casino” – more “social” or casino”?
    • o Differences between the emerging social casino segment and other social games
    • o Emerging regulatory trends and issues to consider in the social casino space
  • • Fantasy sports – are they contests of skill?
    • o Treatment under federal and state law

Robert J. deBrauwere, Partner,
Pryor Cashman LLP

  • 1. Whether disclosure of personal information and allowing tracking cookies and the like could possibly constitute consideration for sweepstakes entry in era where personal and psychographic information are prized data for which companies are willing to pay handsomely;
  • 2. What methods and tools are available for proper rules and other disclosures when sponsoring micro blogging (Twitter, Pinterest) promotions; and
  • 3. How to ensure that you are not running afoul of the various platform rules for hosting promotions via their channels.
More specifically:
  • 1. how to avoid the issue of “consideration” in Social Media Promotions and whether “liking,” “following,” permitting the use of tracking cookies and other Social Media marketing practices could constitute “consideration,” thus making a Sweepstakes an illegal lottery in all 50 states. Ideally, this would come after someone has very generally addressed the issue of ensuring that sweepstakes do not contain all 3 elements of prize, chance and consideration to be legal.
  • 2.whether “liking” or “following” to enter a Promotion could create a material connection between the entrant and Sponsor, thus invoking disclosure requirements under the FTC’s Guides on Endorsements and Testimonials
  • 3. I can also touch on privacy concerns with respect to the use of personally identifiable information acquired through registration and permitting the use of tracking cookies and other tools that allow Promotion Sponsors to track browsing history and thus glean psychographic information regarding the entrants.

David Leichtman, Partner,
Robins, Kaplan, Miller & Ciresi LLP

So now you have been sued under a state or federal consumer protection statute: how to navigate the thicket of claims
  • • Private actions: individuals, class actions, mass actions, private state attorney general actions
  • • State Attorney General actions
  • • Federal enforcement by the FTC or DOJ
  • • Testimony before Congress

Patton Boggs LLP
Deborah M. Lodge
speaker bio »»

Brownstein Hyatt Farber Schreck, LLP
Kate C. Lowenhar-Fisher
speaker bio »»

Perkins Coie
Jason Howell
Of Counsel
speaker bio »»

Paul Hastings LLP
Behnam Dayanim
speaker bio »»

Pryor Cashman LLP
Robert J. deBrauwere
speaker bio »»

Robins, Kaplan, Miller & Ciresi LLP
David Leichtman
speaker bio »»

Who Should Attend?

- Attorneys
- Legal Officers
- Marketing & Advertising Directors
- Brand Managers
- Marketing Executives
- Advertising Professionals
- Marketing Professionals
- Entertainment/media Professionals

Why Attend?

This is a must attend event for anyone interested in understanding the issues and learning the best practices on advertising sweepstakes and contests in social media.

- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Be in the know! Click the “register” button below as space is limited. Significant discounts are available for early registrants.

Registration Information:                                                                                                                                    

(Click here for information on group registrations and discounts)

Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

























Advertising Sweepstakes and Contests in Social Media
LIVE Webcast
Event Sponsors / Speaker Firms:

Patton Boggs has been a leader in public policy, business and litigation since its founding in Washington DC over fifty years ago. Patton Boggs has maintained a reputation for cutting-edge counseling and advocacy by advising clients on compliance with regulatory issues, working closely with Congress and government agencies, litigating in courts across the country, and negotiating business transactions around the world. With offices in Washington DC, New York, New Jersey, Dallas, Denver and Anchorage, and internationally in Doha, Riyadh and Abu Dhabi, more than 550 lawyers and professionals provide comprehensive, practical and cost-effective legal counsel to clients around the globe. For more information, visit

Founded in 1968, Brownstein Hyatt Farber Schreck practices in the areas of gaming, corporate law, litigation, intellectual property, real estate, natural resources and public policy. With 260 attorneys and legislative consultants in offices across the western U.S., Atlantic City and in Washington, DC, the firm works in industries ranging from hospitality, private equity and telecommunications, to technology, construction, energy, banking and finance and water. Recognized as one of the nation's premier gaming practices, Brownstein's Gaming Law Group assists clients in obtaining approvals for gaming licenses, public offerings, financings, restructurings and M&A. Their focus extends to large, complex, multi-jurisdictional transactions throughout the U.S., Japan, Macau, Puerto Rico, Spain and Great Britain. For more information visit:

Founded in 1912, Perkins Coie LLP has more than 850 lawyers in 19 offices across the United States and Asia. As a full-service law firm, Perkins Coie provides a complete array of corporate, commercial litigation and intellectual property legal services to a wide range of clients—from FORTUNE 50 corporations to small, independent start-ups, as well as public and not-for-profit organizations. Perkins Coie is routinely recognized as a leading law firm—nearly a quarter of all Perkins Coie attorneys have been selected for inclusion in The Best Lawyers in America 2013, and Chambers USA 2012 recognized 37 Perkins Coie practice areas and ranked 18 areas in Band 1.

Paul Hastings is a leading global law firm with 20 offices throughout Asia, Europe and the United States. The firm is ranked second on The American Lawyer’s A-List of the most successful law firms in America. Paul Hastings’ Advertising, Marketing and Promotions Practice provides counseling, regulatory and litigation services to clients in a wide range of industries. Its representations include Federal Trade Commission and state regulatory investigations, Lanham Act and consumer-class-action litigation, gaming regulatory concerns and National Advertising Division proceedings. Please visit for more information.

Founded in 1963, Pryor Cashman is a premier full-service, mid-sized, law firm of over 125 attorneys with offices in the heart of New York City, as a well as an office in Los Angeles. The firm has earned a national reputation for its litigation, intellectual property, media and entertainment, and real estate practices. An entrepreneurial law firm, unencumbered by bureaucracy, the firm’s unique culture attracts independent thinkers with prestigious pedigrees who deliver creative, cost-sensible solutions for businesses of all shapes and sizes.

National litigation firm Robins, Kaplan, Miller & Ciresi L.L.P. has been advocating on behalf of clients for more than 70 years. With over 250 attorneys in New York, Minneapolis, Los Angeles, Atlanta, Boston and Naples, FL, the firm represents some of the world's largest companies, most innovative start-ups, and individuals from virtually every industry and walk of life. Areas of practice include intellectual property litigation, antitrust and trade regulation, complex business litigation, entertainment and media litigation, financial litigation, trademark and advertising disputes, among others. The firm’s attorneys stand beside their clients to assess and manage risk through the life-cycle of their specific business goals and most critical legal challenges—both in and out of the courtroom.


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